Definitions and Interpretation
“Account” means an account required to access and/or use certain areas of Our Site, as detailed in Clause 4;
“Buyer” means a User who makes a purchase on Our Marketplace;
“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“Marketplace” means Our platform for Buyers and Sellers on Our Site;
“Seller” means a User who sells on Our Marketplace;
“Third Party Advertising” means advertising displayed on Our Site, provided by third parties;
“Third Party Advertiser” means a party responsible for Third Party Advertising displayed on Our Site;
“User” means a user of Our Site;
“User Content” means any Content added to Our Site by a User;
“We/Us/Our” means Azaries Limited a limited company registered in England under company number 10110156 whose registered address is 128 City Road, London, United Kingdom, EC1V 2 NX.
2. Information About Us
2.1 Our Site is owned and operated by Azaries Limited a limited company registered in England under company number 10110156 whose registered address is 128 City Road, London, United Kingdom, EC1V 2NX.
3. Access to Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
4.1 Certain parts of Our Site (including the ability to buy and sell through the Marketplace) require an Account in order to use them.
4.2 You may not create an Account if you are under eighteen years of age
4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.4 If you believe your Account is being used without your permission, please contact Us immediately by email. We will not be liable for any unauthorised use of your Account.
4.5 You must not use anyone else’s Account.
4.6 All personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act 1998, as set out in Clause 15.
5. Intellectual Property Rights and Use of Our Site
5.1 With the exception of User Content, all Content included on Our Site and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content, including User Content, is protected by applicable United Kingdom and international intellectual property laws and treaties.
5.2 Subject to sub-Clause[s] 5.3 and 5.6, you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content (including User Content) from Our Site unless given express written permission to do so by Us or the relevant User.
5.3 You may:
5.3.1 access, view, and use Our Site in any web-browser (including, but not limited to, in-app web browsers);
5.3.2 download Our Site (or any part of it) for caching;
5.3.3 print one copy of any pages from Our Site;
5.3.4 download extracts from pages on Our Site; and
5.3.5 save pages from Our Site for later and/or offline viewing.
5.4 The owner and author of any Content (including User Content) must always be acknowledged when re-using that Content.
5.5 You may not use any Content (including User Content) printed, saved, or downloaded from Our Site for commercial purposes without first obtaining a license from Us (or Our licensors, or the relevant User, as appropriate) to do so. This does not prohibit the normal access, viewing, and use of Our Site for general purposes whether by business users or consumers.
6.1 User Content on Our Site includes (but is not limited to) out own content and descriptions.
6.2 You agree that you will be solely responsible for your User Content. Specifically, you agree, represent, and warrant that you have the right to submit the User Content and that it will comply with Our Acceptable Usage Policy.
6.3 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.2. You will be responsible for any loss or damage suffered by Us as a result of such breach.
6.4 You (or the licensors who own the Content in question, as appropriate) retain the ownership of the User Content that you submit to Our Site and all the intellectual property rights in that User Content. By submitting User Content to Our Site, you grant Us an irrevocable, unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide license to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-license your User Content for the purposes of operating and promoting Our Site.
7. Links to Our Site
7.1 You may link to Our Site provided that:
7.1.1 You do so in a fair and legal way;
7.1.2 You do not do so in a way that suggests any form of association, endorsement, or approval on Our part where none exists;
7.1.3 You do not use any logos or trademarks displayed on Our Site without Our express written permission; and
7.1.4 You do not do so in a way that is intended to damage Our reputation or to take unfair advantage of it.
7.2 You may link to any page on Our Site if we are notified of the link.
7.3 Framing or embedding of Our Site on other websites requires Our express written permission. Please contact Us by email for further information.
7.4 You may not link to Our Site from any other site where that site’s main content (i.e. the site’s primary purpose and content, not comments or similar from other users) contains material that:
7.4.1 is sexually explicit;
7.4.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
7.4.3 promotes violence;
7.4.4 promotes or assists in any form of unlawful activity;
7.4.5 discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
7.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.4.7 is calculated or is otherwise likely to deceive-another person;
7.4.8 is intended or is otherwise likely to infringe(or to threaten to infringe) another person’s privacy;
7.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);
7.4.10 implies any form of affiliation with Us where none exists;
7.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents, and database rights) of any other party; or
7.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
8. Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
9.1 We may feature Third Party Advertising on Our Site.
9.2 You agree that you will not attempt to remove or hide any Third Party Advertising using HTML/CSS or by any other method.
9.3 We are not responsible for any Third Party Advertising on Our Site.
10. Disclaimers and Legal Rights
10.1 Nothing on Our Site constitutes advice on which you should rely. Information and other materials on Our Site are provided for general information purposes only. Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site.
10.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you (if you are a consumer) you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
10.3 We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties, or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
10.4 We are not responsible for the content or accuracy of any User Content, nor for any opinions, views, or values expressed in any User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.
11. Our Liability
11.1 Please note that the provisions of this Clause 11 are subject to Our Terms for Buyers and Terms for Sellers.
11.2 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site, or the content of, use of, or reliance upon any Content (including User Content) included on Our Site.
11.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that my apply to Our Site or to any Content (including User Content) included on Our Site.
11.4 If you are a business (i.e. a User using Our Site in the course of business and/or for commercial reasons), We accept no liability for loss of profits, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
11.5 We use all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to sub-Clause 10.2, however, we accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data, or other material that occurs as a result of your use of Our Site or another site referred to on Our Site.
11.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
12. Viruses, Malware, and Security
12.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware including, but not limited to, the scanning of all User Content uploaded by Users for viruses and malware as it is uploaded.
12.2 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
12.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
12.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
12.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
12.6 By breaching the provisions of sub-Clauses 12.3 to 12.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
13. Acceptable Usage Policy
13.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 13. Specifically:
13.1.1 You must ensure that you comply fully with any and all local, national, or international laws, and/or regulations;
13.1.2 You must not use Our Site in any way, or for any purpose, that is unlawful or
13.1.3 You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
13.1.4 You must not use Our Site in any way, or for any purpose, that is intended to harmony person or persons in any way.
13.2 When using Our Site, you must not communicate or otherwise do anything that:
13.2.1 is sexually explicit;
13.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
13.2.3 promotes violence;
13.2.4 promotes or assists in any form of unlawful activity;
13.2.5 discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
13.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
13.2.7 is calculated or is otherwise likely to deceive;
13.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
13.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 13.2);
13.2.10 implies any form of affiliation with Us where none exists;
13.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents, and database rights) of any other party; or
13.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
13.3.1 removing your User Content from Our Site;
13.3.2 issuing you with a written warning;
13.3.3 legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
13.3.4 further legal action against you as appropriate;
13.3.5 disclosing such information to law enforcement authorities as required or as We deem-reasonably necessary; and/or
13.3.6 any other actions which We deem reasonably necessary, appropriate, and lawful.
14. Privacy and Cookies
15. How We Use Your Personal Information (Data Protection)
15.1 Any and all personal information that We may collect from and/or about you will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act 1998.
15.2 We may use your personal information to:
15.2.1 provide and manage your Account;
15.2.2 host your User Content;
15.2.3 reply to any communications you send to Us;
15.2.4 send you important notices;
15.3 We will not pass on your personal information to any third parties without your express written permission.
16.Communications from Us
16.2 We will never send you marketing emails of any kind without your express permission. If you do give Us permission, you may opt-out at any time. Any and all marketing emails sent by Us include an unsubscribe link.
17. Contacting Us. To contact Us, please email Us directly at firstname.lastname@example.org or using any of the options provided on Our contact page.
19. Law and Jurisdiction
19.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England
19.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.
19.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
19.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the [non] exclusive jurisdiction of the courts of England & Wales.