Buy and Sell Terms And Conditions

Introduction

This Agreement set out the terms on which School Reviewer Limited (A company registered in the United Kingdom) offers you access to and use of our sites, services, applications and tools (collectively ‘Services’). You agree to comply with all of the above when accessing or using our Services.

About School Reviewer

School Reviewer Limited is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations.

School Reviewer Limited does not have possession of anything listed or sold through School Reviewer Limited, and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller. School Reviewer Limited is not a traditional auctioneer.

While we may at our option provide pricing, postage, listing and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. School Reviewer Limited does not review users' listings or content. While we may at our option help facilitate the resolution of disputes through various programmes, School Reviewer Limited has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

Using School Reviewer Buy and Sell

In connection with using or accessing the Services 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;
  • 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;
  • fail to pay for items purchased by you, unless you have a valid reason as set out in an School Reviewer Limited policy the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller (see our unpaid item policy);
  • fail to deliver items sold by you, unless you have a valid reason, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer;
  • manipulate the price of any item or interfere with any other user's listings;
  • post false, inaccurate, misleading, defamatory, or libellous content;
  • take any action that may undermine the Feedback or ratings systems if applicable
  • transfer your School Reviewer Limited account (including Feedback) and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • use the contact information of other users for any purpose other than in relation to a specific School Reviewer Limited transaction (which includes using this information to send marketing materials directly to School Reviewer Limited users unless the user has given explicit consent to receiving these materials);
  • distribute viruses or any other technologies that may harm School Reviewer Limited, or the interests or property of School Reviewer Limited users;
  • use any robot, spider, scraper or other automated means to access our Services for any purpose.
  • bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
  • export or re-export any School Reviewer Limited application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
  • copy, modify, or distribute rights or content from our Services or School Reviewer Limited's works of authorship, designs and trademarks;
  • 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 School Reviewer Limited and the appropriate third party, as applicable;
  • commercialise any School Reviewer Limited application or any information or software associated with such application;
  • 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.

Abusing School Reviewer Limited

Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel bids, remove or demote listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:

  • we think that you are creating problems or possible legal liabilities;
  • we think that such restrictions will improve the security of the School Reviewer Limited community or reduce our or another School Reviewer Limited user's exposure to financial liabilities;
  • we think that you are infringing the rights of third parties;
  • we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
  • despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
  • you fail to make full payment of any fees due for our Services by your payment due date.

When a buyer or seller issue arises we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both buyers and sellers.

Fees

The fees we charge for using our Services are listed on our website. We may change our fees, or charge no fees or introduce new fees from time to time by posting the changes on the School Reviewer Limited website 30 days in advance. You may close your account without penalty within 30 days of such notice being given.

You may be required to have a payment method on file when selling on School Reviewer Limited. If your payment method fails or your account is overdue, we may collect fees owed by charging other payment methods on file and retaining collection agencies or solicitors.

Listing Conditions

When listing an item, you agree to comply with our terms and conditions and policies and that:

  • you are responsible for the accuracy, content and legality of the item listed and agree to list in accordance with our policies;
  • your listing may not be immediately searchable by keyword or category. School Reviewer Limited does not guarantee exact listing durations;
  • content that violates any of School Reviewer Limited's policies may be deleted at School Reviewer Limited's discretion;
  • where your listing appears in search and browse results may be based on certain factors such as listing format, title, bidding activity, end time, keywords, price and postage cost, Feedback, School Reviewer Limited policy compliance and detailed seller ratings.
  • Meta-tags and URL links that are included in a listing will be removed or altered so as to not affect third party search engine results;
  • We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your listings to other sellers;
  • some optional upgrade features will only be visible on certain School Reviewer Limited Services.

Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.

Purchase Conditions

When buying an item, you agree to comply with our Terms and Conditions and that:

  • you are responsible for reading the full item listing before making a bid or commitment to buy;
  • you enter into a legally binding contract to purchase an item when you commit to buy an item;

Content

When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content (including without limitation, creating and using derivative works) and you authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees. We may offer, license or otherwise make available for your use catalogues of stock images, descriptions, product specifications, and other content, which may be provided by third-parties (including School Reviewer Limited users). You may use such catalogue content solely in connection with your School Reviewer Limited listings during the time your listings are on School Reviewer Limited's sites. That permission is subject to modification or revocation at any time at School Reviewer Limited’s sole discretion.

While we try to offer reliable data, we cannot promise that catalogue content will always be accurate and up-to-date, and you agree that you will not hold us or our catalogue providers responsible for inaccuracies. If you choose to include catalogue content in your listings, you continue to be responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with this User Agreement and all School Reviewer Limited policies. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).

Liability

We aim to keep School Reviewer Limited and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Such functionality is subject to delays beyond School Reviewer Limited's control.

We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:

  • your use of or your inability to use our Services;
  • pricing, postage or other guidance provided by School Reviewer Limited;
  • delays or disruptions in our Services;
  • viruses or other malicious software obtained by accessing, or linking to, our Services;
  • glitches, bugs, errors, or inaccuracies of any kind in our Services;
  • damage to your hardware device from the use of any School Reviewer Limited Service;
  • the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
  • a suspension or other action taken with respect to your account;
  • the duration or manner in which your listings appear in search results or;
  • your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this Agreement or our policies.

You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.

Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. School Reviewer Limited cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.

Notwithstanding the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) £100.

Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

Compensation

You will compensate us in full (and our employees, officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of School Reviewer Limited's Services or your breach of any law or the rights of a third party.

Legal Disputes

If a dispute arises between you and School Reviewer Limited, we strongly encourage you to first contact us directly to seek a resolution by contacting us directly. We will consider reasonable requests to resolve the dispute through an alternative dispute resolution procedure, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales. You and School Reviewer Limited both agree to submit to the non-exclusive jurisdiction of the English Courts.

General

If any provision of this Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.

Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

We may amend this Agreement at any time by posting a revised version on our website. All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.

This Agreement may not be otherwise amended except through mutual agreement by you and an School Reviewer Limited representative authorised to do so.

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the School Reviewer Limited site.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User 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.

The user shall be responsible to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify us.

This Agreement and any other polices posted on our website are the entire agreement between you and School Reviewer Limited and supersede all prior understandings and agreements of the parties.

Legal notices shall be served by registered mail to School Reviewer Limited of Cobham House PO Box 380 Cobham Surrey KT11 9EE England. We shall send notices to you by email to the email address you provide to School Reviewer Limited during the registration process. Notice to you shall be deemed 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 registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.

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