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Airbay Agreement
Terms and Conditions
Your use of airbay.co.uk/our services is governed by the following terms and conditions, and these terms and conditions apply to the services available from the domain and sub-domains of http://www.airbay.co.uk.
Before you can become a member/user of Airbay, you must read and accept all of the terms and conditions of this Airbay Agreement. You should read through all the terms carefully. The Airbay Agreement constitutes a legally binding agreement between you the user/member and Airbay.
It is a requirement when placing an advertisement on Airbay.co.uk that users of Airbay are over the age of 18 years old, or at an age which is the legal equivalent of their country of residence. You may not use Airbay.co.uk if you are under the age of 18 or you are not able to form legally binding contracts, or if your airbay membership has been suspended.
When using the Airbay Site:
Persons placing an advertisement must be absolutely clear and honest regarding the items and services he/she is posting;
At no point will you post any offensive defamatory misleading or inappropriate language or images deemed unsuitable by airbay.co.uk.
Please ensure that when placing an advertisement it is made apparent whether it’s a Commercial or Private advertisement.
While using the Airbay Site, you will not:
· post, list or upload content or items in inappropriate categories or areas on the Site;
· breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties;
· breach our policies, including, without limitation, the Prohibited and Restricted policy ;
· fail to pay for items purchased by you, unless the seller materially changes the items description on the advertisement after you place an interest in an item/service from the advertisement and contract terms are agreed, a clear typographical error is made, or you cannot authenticate the seller's identity;
· fail to deliver items purchased from you following your advertisement, unless the buyer fails to meet any contract terms agreed between the buyer and seller, or you cannot authenticate the buyer's identity;
· manipulate the price of any item or interfere with other users of Airbay's advertisements;
· circumvent or manipulate our billing process, or fees owed to Airbay;
· post, list or upload false, inaccurate, misleading or defamatory content (including personal information);
· transfer your Airbay account to another party without our express consent;
· distribute or post spam, chain letters, or pyramid schemes;
· distribute viruses or any other technologies that may harm Airbay, or the interests or property of users of Airbay;
· copy, modify, or distribute Airbay's copyrighted works or trade marks, or other content from the Site, without our express consent; or
· harvest or otherwise collect information about Airbay users, including email addresses, without their express consent;
· place advertisements on Airbay.co.uk with the intention of misleading or defrauding users of the service.
In the instance of disputes between persons advertising or responding to advertisements relating to item(s) or service(s) advertised on the system, airbay.co.uk will not become embroiled in such matters.
Persons wishing to utilise the system to advertise item(s) and service(s) are required to be the legal owners, or have the explicit consent of the owner(s) of the item(s) or service(s) being advertised.
Airbay users placing advertisements on airbay.co.uk have the sole responsibility of ensuring that all prevailing regulations and laws are adhered to, without exception to import and export regulations and aeronautical directives.
Airbay.co.uk reserves the right to terminate any Airbay user’s account if it is deemed that the usage of the system has been irresponsible and reckless, causing distress or problems to other users. In this instance Airbay.co.uk will execute the termination without correspondence with the parties involved.
Airbay.co.uk takes the highest measures to ensure that the system safe guards its users as best as it can, however users must agree that responding to advertisement at their own risk.
Airbay.co.uk denies guarantee or claims that the item(s) or services(s) placed in an advertisement on the system will generate a response or sale.
Airbay.co.uk will occasionally send emails to its users to convey any new information or amendments to the site.
Personal information of users will not be passed on to any third party, only in the instance when it has been requested by a law enforcement agencies, legal representatives or regulatory body. In this instance users must agree that airbay.co.uk will supply personal data to the above named agencies for investigation, without getting involved in correspondence with the user(s) concerned.
If you are registering with Airbay as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business, you must comply with all applicable laws relating to online trading (please see our Legal Guidance for Business Sellers page for further information).
We will commence supplying our services to you as soon as you accept this Airbay Agreement. Unless you and Airbay agree otherwise, you will not be able to cancel this Airbay Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced.
PROHIBITED AND RESTRICTED ADVERTISEMENTS
As a user of Airbay, and in particular an Airbay advertiser you are ultimately responsible for making sure that advertising or offering an item(s)/ service is allowed on Airbay and is not prohibited in the eyes of the law. Follow these steps to find out whether or not your item/service can be listed on Airbay.
As a guideline for users, please note the following:
1. "Prohibited" means that these items may not be listed on Airbay.
2. "Questionable" means that items may be listed under certain conditions.
3. "Potentially Infringing" means that items may infringe certain copyrights, trademarks or other rights. For your protection, some items here are not allowed ("prohibited"), regardless of the legality of these particular items, because they almost always breach copyright or trademark laws.
Breaches of these policies may result in a range of actions, including:
· Cancellation of your Airbay account
· Account suspension
· Notification to the police or other law enforcement authorities
When policy breaches occur, Airbay may contact the infringing party/ies by email, letter or telephone. You may also contact Airbay to report breaches by using the Contact links on our Site.
Prohibited
Aeroplane Tickets
Alcohol
Animals and Wildlife Products
Catalogue and URL Sales
Counterfeit Currency and Stamps
Counterfeit and Trademarked Items
Credit Cards
Drugs and Drug paraphernalia
Embargoed Items & Prohibited Countries
Encouraging Illegal Activity
Firearms and Ammunition
Fireworks
Franking Machines
Football Tickets
Government IDs, Licences and Uniforms
Human Parts and Remains
Lockpicking Devices
Lottery Tickets
Mailing Lists and Personal Information
Multi-level Marketing, Pyramid, Matrix and Trading Schemes
Offensive Material
Prescription Drugs and Materials
Recalled Items
Satellite, Digital and Cable TV Decoders
Shares and Securities
Stolen Items
Surveillance Equipment
Tobacco and Tobacco Products
Train Tickets
Travel Vouchers
Unlocking Software
Questionable
Adults Only
Artefacts
Autographed Items
Batteries
British Titles
CFC and HCFC Refrigerants
Contracts and Tickets
Electronics Equipment
Food
Hazardous, Restricted and Perishable Items
Pesticides
Plants and Seeds
Police-Related Items
Pre-sales Listings
Slot Machines
Used Clothing
Used Medical Devices
Weapons & Knives
Potentially Infringing copyright & trademark
Academic Software
Anti-circumvention Policy
Authenticity Disclaimers
Bèta Software
Bootleg Recordings
Brand Name Misuse
Comparison Policy
Compilation and Informational Media Policy
Copyright Basics
Downloadable Media
Encouraging Infringement Policy
Faces, Names and Signatures
Games Software
Image or Description Theft
Importation of Goods
Keyword Spamming
Misleading Titles
Mod Chips
Movie Prints
OEM Software
Recordable Media
Replica and Counterfeit Items
Promotional Items
Trademark and Domain Name Basics
Unauthorised Copies
Important Notes:
Even if you offer to give away for "free" (rather than sell) a prohibited, questionable, or infringing item, this will not relieve you of potential liability. This applies to both seller and buyer.
This list is updated from time to time and is incorporated by reference into the Airbay Agreement. Notice of updates to this list will be posted on the Announcement Board on the Airbay website on the day of the change (PLEASE ENSURE YOUR WEB DESIGNER BUILDS THIS FACILITY). These guidelines do not constitute legal advice and do not pertain to any particular company's practices. When in doubt, check with law enforcement agencies, a lawyer/solicitor, the law or with a copyright, trademark or other rights owner for clarification. Airbay also has adopted certain policies regarding prohibited items, regardless of the legality of the item.
Please note that the above list is neither exhaustive nor restrictive. Airbay reserves the right to delete any listing that may breach any legal provision or the general principles and values of the Airbay community, even if the legal provision or principles and values are not explicitly stated on the site.
Other warnings disclaimers in relation to the Airbay Agreement:
No spam
We do not tolerate spam (unsolicited commercial communications). Only add other Airbay users to any communication or mailing list once you have their express consent in writing. You may not use our communication tools to send spam or otherwise send content that would breach the terms of this Airbay Agreement.
Using information about other Airbay users
You agree to use Airbay information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:
· Airbay transaction-related purposes that are not unsolicited commercial communications
· using services offered through Airbay; and
· other purposes that a Airbay expressly agrees to.
Content licence
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trade marks, database rights and all other intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law. (We need these rights to host and display your content.)
Liability
Nothing in this 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.
You will not hold Airbay responsible for other users' actions or inactions.
We have no control over, do not guarantee, and you will not hold us responsible for:
· the quality, safety or legality of items advertised;
· the truth or accuracy of listings;
· the truth or accuracy of feedback or other content posted by users on the Airbay Site;
· the ability of sellers to sell items;
· the ability of buyers to pay for items; or
· whether a buyer or seller will actually complete a transaction.
Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on the Airbay Site.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on the Airbay Site.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, Airbay verification on the internet is difficult. Airbay 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 the Airbay Site.
We cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
We (including our parent, subsidiaries, affiliates, officers, 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 out of your use of our Airbay Site.
Regardless of the previous paragraph, if we are found to be liable, our liability, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, to you is limited in any 12 month period to the greater of: (a) the total fees you paid to us in relation to the listing or other service offered which gave rise to the liability, and (b) £100.
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) 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.
Compensation
You agree that you will only use the Airbay Site in accordance with the terms and conditions set out in this Agreement. You will compensate us in full for any losses or costs (including reasonable legal fees) we incur arising from any breach by you of this Agreement.
Third party rights
A person who is not a party to this Airbay Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Airbay Agreement but this does not affect any right or remedy of a third party specified in this Airbay Agreement or which exists or is available apart from that Act.
Governing law and dispute resolution
This Agreement shall be governed by and construed in accordance with English law. You and Airbay both agree to submit to the non-exclusive jurisdiction of the English Courts.
If a dispute arises between you and Airbay, we strongly encourage you to first seek a resolution by contacting Airbay.
General
If any provision of this Airbay Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable.
In our sole discretion, we may assign this Airbay Agreement to a third party by giving you notice in accordance with the Notices section above (but without your prior express consent), provided that we assign the Airbay Agreement on the same terms or terms that are no less advantageous to you.
Section headings are for reference purposes only and do not limit the scope or extent of the sections.
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 may amend this Airbay Agreement at any time either by e-mail, fax or by posting the amended terms on the Airbay Site. Except as stated elsewhere in this Airbay Agreement, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This Airbay Agreement may not be otherwise amended except in writing signed by you and us.
This Airbay Agreement sets forth the entire understanding and agreement between us with respect to its subject matter.
The following Sections survive any termination of this Airbay Agreement: Fees (with respect to fees owed for our services), Content Licence, Liability, Release, Compensation, Third Party Rights and Governing law and dispute resolution.
Legal Guidance for Business Sellers
Sellers who run a business selling items on Airbay.co.uk have a number of legal obligations, ranging from general trading laws such as the Sale of Goods Act, specific trading laws that may apply depending on the type of goods traded (Guidance notes from Trading Standards are a useful starting point for further information), and specific laws that apply to online sales, such as the distance selling regulations. This page is a brief introduction to the most important laws applicable to online trading, together with links to other websites that offer further information.
Please note that this page is for informational purposes only and is not intended to be legal advice. If you are unclear about the way that any of these laws may apply to you, please seek advice from a lawyer, trading standards officer or similar professional.
Sale of Goods Act
The Sale of Goods Act 1979 is one of the most important laws to be aware of when selling goods on Airbay.co.uk in the course of a business. You are responsible for ensuring that any goods you sell on Airbay are:
· in accordance with the description you have given in the item listing;
· of satisfactory quality; and
· fit for their purpose.
Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and the item description. Indications of quality include fitness for purpose, freedom from defects, appearance and finish, durability and safety. It is the seller, not the manufacturer, who is responsible for the goods.
This is a complicated law and for more information on your responsibilities we recommend that you visit Business Link's guide to the Sale of Goods Act, the DTI's Sale of Goods Fact Sheet and information from Trading Standards.
Other trading and consumer protection laws
Trade descriptions and fair trading laws will also apply to you when selling on Airbay.co.uk as a business. For example, the Trade Descriptions Act 1968 makes it an offence to:
· apply a false description to any items; or
· supply or offer to supply any items to which a false description is applied.
For further information, please visit Businesslink's guide to fair trading, trade descriptions and Trading Standards and fair trading advice leaflets from Trading Standards. In addition if you are a business selling to consumers you should be aware of consumer's legal rights, and further information can be obtained at Businesslink's consumer regulations and consumer protection advice leaflets from Trading Standards.
Distance Selling Regulations
The Consumer Protection (Distance Selling) Regulations 2000 apply to sales to consumers made by sellers acting in the course of a business which have been concluded at a distance. In other words, where there is no face to face contact between the seller and the consumer. This would usually cover sales made over the internet, for example, via Airbay.co.uk.
Business sellers need to comply with a certain number of obligations such as:
· providing clear information about themselves and their items (this information could be contained in your listing or in your “About Me” page); and
· providing consumers with a period of seven working days in which the consumer can cancel the contract (often referred to as the "cooling off" period).
To get a general idea of the laws governing distance sales, we recommend that you review the DTI's summary of the Regulations.
E-Commerce Regulations
In addition to the Distance Selling Regulations, which apply to businesses selling to consumers, there are further rules in the Electronic Commerce (EC Directive) Regulations 2000 which apply regardless of whether the buyer is a consumer or another trader. In addition to providing the required information under the Distance Selling Regulations (where applicable) the seller must also provide other information such as :
· the name, geographic address and email address of the seller's business;
· details of any relevant trade organisations to which the seller belongs;
· details of any authorisation scheme relevant to the seller's online business; and
· the seller's VAT number, if the online activities are subject to VAT.
For further information we recommend that you visit the DTI's website, particularly the Beginners Guide to the E-Commerce Regulations 2002.
As a seller on Airbay, you agree to comply with all applicable domestic and international laws, statutes and regulations regarding your use of our service and your listing, solicitation of offers to purchase, and sale of items.
Advice for UK Sellers
Sellers in the UK may find it useful to consult the HM Customs and Excise website, which addresses certain aspects of VAT and VAT registration.
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