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Terms & Conditions for using wightbay

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THE INFORMATION IS PROVIDED WITHOUT WARRANTY OF ANY KIND. WIGHTBAY GIVES NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WIGHTBAY OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, LOSS OF BUSINESS PROFITS OR SPECIAL DAMAGES, EVEN IF WIGHTBAY OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Usage of the site

The user may view pages within the wightbay website at wightbay.com and print out a copy of the contents for personal, non-commercial purposes. The user may not otherwise copy, reproduce, redistribute, download, adapt or alter any material contained on this website without the express written permission of wightbay.

Limits of Liability
  1. wightbay acts only as a publisher of information provided by third parties.
  2. wightbay is an introduction and matching service for buyers and sellers.
  3. wightbay takes no responsibility for the accuracy of the descriptions supplied by advertisers, mistakes, omissions or misprints.
  4. wightbay does not act as auctioneer or seller of any goods in relation to any sale and wightbay will not and cannot procure for any seller a binding contract with any buyer.
  5. wightbay does not vet, authorise or endorse the reliability, accuracy or completeness of any information provided on the wightbay Website or any site linked to the wightbay Website, nor does it vet, authorise or endorse any sale, seller or buyer.
  6. wightbay does not and cannot warrant the identity or the bona fides of any buyer or seller.
  7. wightbay does not and cannot provide any representation or warranty in relation to any goods posted on the wightbay Website including (but not limited to) any representation or warranty that the goods are of merchantable quality, fit for the purpose intended, safe for the purpose intended, are as described by the seller or are owned by the seller.
  8. wightbay will not be liable for any lost profit or any direct, indirect, incidental, special or consequential loss or damage (including but not limited to economic damages) incurred by you arising out of or otherwise in connection with your use of the website or our services.
  9. wightbay does not and cannot guarantee continuous, uninterrupted access to our services and to this site. While we endeavour to ensure availability of and access to the wightbay site, operation of this site and our services may be interfered with by numerous factors, including by factors outside of our control.
User ID

You must choose a User ID and password on completion of registration. You are responsible for all actions taken under that User ID and password and shall only use or utilise the Site using your own User ID and password. You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer or sell your User ID to any other person. You shall also not permit, either directly or indirectly, any other person to utilise your User ID or password.

Conducting a Sale

It is the sole responsibility of a Buyer and Seller to enter into a contract for the sale and purchase of goods posted on the wightbay website and to arrange payment and delivery of such goods.

When conducting a sale ensure that all Data and Materials posted on the wightbay website in relation to the sale:

  1. Fully and accurately described the goods the subject of the Sale;
  2. Does not infringe the intellectual property rights of any person;
  3. Is not misleading or deceptive in the context of the sale;
  4. Is not obscene, offensive, upsetting, defamatory, in any way unsuitable for people under the age of 18 years or contrary to any law whatsoever;
  5. Does not contain any viruses, Trojan horses, worms, time bombs or any other software program or routine designed or capable of interfering with the operation of the sale or the wightbay Website.
  6. Do not post on the wightbay Website for sale any goods which:
    1. You do not have title to sell e.g. stolen goods, someone else's goods;
    2. Are counterfeit;
    3. The offer or sale of which would be contrary to any law; or
    4. Any item if the sale of it via the site constitutes an illegal act including a breach of any legislation, rule, regulation or binding direction of any Government or semi-Government authority.
Delivery of Goods

Delivery, payment and insurance of the goods the subject of a successful sale is the sole responsibility of the buyer and seller.

What happens if there is a dispute?

If there is a dispute between a buyer and a seller, wightbay will assist where possible in helping bring about resolution.

wightbay will not determine the outcome of the dispute. The disputants must resolve the dispute between themselves.

Members Conduct

The following conduct is prohibited:

  1. Violation of International, National, State or Local Laws or Regulations or transmitting material that causes or could cause offence, danger, damage, liability, claims or criminal conduct.
  2. Supplying unlawful, false, libellous, defamatory, fraudulent, deceptive, erroneous, intimidating or objectionable information of any kind.
  3. Listing of Prohibited Items.
  4. Fraudulent, counterfeit or unlawful activities in relation to the site or a listing.
  5. Falsifying the identity of the User or the source of any transmission.
  6. Harvesting information for solicitation, commercial or any other purposes.
  7. Patent, Design, Trade Secrets, Copyright, Rights of Publicity, Proprietary Rights or Trademark infringement.
  8. The use of any software, device, routine or system to interfere or gain unauthorized access to the site, intercept, overload, expropriate, damage, disrupt transmissions to or from the site or pass on viruses to the site. The same applies to associated computer systems or networks.
  9. Linking to items that infringe this agreement, listing with an email address or URL in the listing title, linking to items that you have no right to link to, linking to items that are listed for auction or sale elsewhere or linking to items that are better priced than the bid amount.
  10. Transmitting, modifying, copying, reproducing, transferring, selling, distributing or exploiting any of the content of the site whether manually, automatically with a robot, spider or other device
The Member agrees
  1. Not to engage in any prohibited conduct; and
  2. To co-operate with wightbay in any inquiry into any alleged prohibited conduct;
Termination or Suspension of an item

You acknowledge that wightbay may, in its absolute discretion and without liability, cease or suspend, any item if, in the absolute opinion of wightbay:

  1. The item is unlawful;
  2. The seller is in breach of this agreement.
Termination of Membership

wightbay may in its absolute discretion:

  1. Refuse any person's application for membership as a wightbay member;
  2. Suspend or cancel any wightbay member's membership or store ownership due to inactivity.
  3. Suspend or cancel any wightbay member's membership.
  4. If wightbay suspends or cancels a wightbay member's membership, such person will cease to be entitled to, and will immediately cease to participate in any current or future involvement with wightbay.
Making Comments about users on the wightbay
Community Notice Board and Forum

When making comments about a wightbay Member on the wightbay Community Notice Board or forum, you must ensure that the comments are not false, obscene, offensive, upsetting, defamatory or in any way unsuitable for people under the age of 18 years or contrary to law in any way whatsoever;

wightbay will endeavour to vet comment on the Website, but do not authorise or endorse any comment posted on the wightbay Website.

Any comments deemed unsuitable should be reported to wightbay at abuse@wightbay.com

In the event of a Member engaging in any prohibited conduct:

wightbay may, in its absolute discretion:

  1. Issue a warning to the member;
  2. Suspend or terminate the membership of the member;
  3. Report the conduct to any appropriate authority (including the Police);
  4. Remove the offending material from the site; and
  5. Take such other action, as it deems appropriate for the reasonable operation of the site.

Any listing or transmission containing material that is considered a violation of the Terms and Conditions of this member agreement will be removed from the site. Any associated listing fee will not be credited for those listings.

Any violations or suspicious incidents should be promptly reported to abuse@wightbay.com

Creating a Link to wightbay

We have no objection to you creating a link to wightbay provided it

  1. does not infringe the intellectual property rights of any person;
  2. is not misleading or deceptive in it's context;
  3. is not obscene, offensive, upsetting, defamatory, or in any way unsuitable for people under the age of 18 years or contrary to any law whatsoever; and the operation of the sale or the wightbay.
  4. does not contain viruses, trojan horses, worms, time bombs or any other software program or routine designed or capable of interfering with the website.
  5. wightbay does not permit members to create links from our site to any other without written permission.

 
Check to agree with the terms and conditions of the user agreement.
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