This agreement applies as between you, the User of this Website and TESYouth Online Auction. TESYouth’s Online Auction is owned by TESYouth Community Interest Company, registered in England & Wales with Registration Number 08568643, the owner of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
means collectively the personal/identifying information and credentials used by Users to access parts of the Website and to list or bid on Items;
means an auction taking place on the Website;
means a User that places a bid on an Item;
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
means an item listed for auction on the Website by a Seller;
means a listing for an Item placed on the Website by a Seller;
means TESYouth Community Interest Company, registered in England & Wales with Registration Number 08568643;
means the fee payable to list an Item;
means a User that is selling an Item on the Website;
means collectively any online facilities, tools, services or information that TESYouth Online Auction makes available through the Website either now or in the future;
means any online communications infrastructure that TESYouth Online Auction makes available through the Website either now or in the future. This includes, but is not limited to, Item listings, Auctions, email addresses and online forms;
“User” / “Users”
means any third party that accesses the Website and is not employed by TESYouth Online Auction and acting in the course of their employment; and
means the website that you are currently using (www.tesyouth.org/act) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Intellectual Property
2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, unless contained in Item Listings, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of TESYouth Online Auction, or our affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2.2 You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website as specified in Clause 4 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Website or unless given express written permission to do so by TESYouth Online Auction. Specifically you agree that:
You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by TESYouth Online Auction.
3. Third Party Intellectual Property
3.1 The Intellectual Property Rights subsisting in the Content of Item Listings belong to the Sellers who placed those Item Listings unless it is expressly stated otherwise.
3.2 Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.
3.3 The Content described in this Clause 3, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Website. The exceptions in Clause 4 continue to apply.
4. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
5. Links to Other Websites
This Website may contain links to other websites. Unless expressly stated, these sites are not under the control of TESYouth Online Auction or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
6. Selling an Item
6.1 When listing an Item on the Website you should do so in accordance with the following rules:
6.1.1 you must not use obscene or vulgar language;
6.1.2 your Item Listing may not contain Content that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation specific to the item or service you are advertising). This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
6.1.3 your Item Listing may not contain Content that is intended to promote or incite violence;
6.1.4 your Item Listing should be honest and fair, should not make any unsubstantiated or unsupportable claims, and should not make dishonest or unreasonable comparisons with other Items, Sellers, Bidders or Users;
6.1.5 Item Listings must be made using the English language. Content in any other language may be removed at our sole discretion;
6.1.6 your Item Listing may not infringe the intellectual property rights of any third party including, but not limited to, copyright and trademarks;
6.1.7 you must not post links to other Websites containing any of the above types of Content;
6.1.8 the means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
6.1.9 your Item Listing must be placed into the appropriate category;
6.1.10 you must not impersonate other people or businesses;
6.1.11 you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
6.1.12 you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
6.2 TESYouth Online Auction does not screen or pre-approve any Item Listings submitted to the website, however on notification from Users we may examine Item Listings and such Item Listings may be edited and/or removed from the Website.
6.3 TESYouth Online Auction may edit your Item Listing to comply with the provisions of sub-Clause 7.1 without prior consultation. In cases of severe breaches of the provisions of sub-Clause 7.1, your Item Listing may be removed and your Account may be suspended or terminated. You will not be informed of the reasons for any such alterations or removals.
6.4 In order to post an Item Listing, you are required to submit certain personal details and/or business details. By continuing to use this Website you represent and warrant that:
6.4.1 any information you submit is accurate and truthful; and
6.4.2 you will keep this information accurate and up-to-date.
6.5 By posting an Item Listing you warrant and represent that you are the author of that Item Listing or that you have acquired all of the appropriate rights and / or permissions to submit it. TESYouth Online Auction accepts no responsibility or liability for any infringement of third party rights by such Item Listings or Content. Further, you waive all moral rights in the Item Listing to be named as its author and grant a perpetual licence to TESYouth Online Auction to modify the Content as necessary for its inclusion on the Website.
6.6 TESYouth Online Auction will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Item Listings, nor for any errors or omissions in Item Listings. Use of and reliance upon Item Listings is entirely at your own risk.
6.7 Nothing in these Terms and Conditions shall grant TESYouth Online Auction any rights in or to any trade marks or any other intellectual property rights contained within your Item Listing or any part of it save for the right to display the same on the Website as part of your Item Listing until you or TESYouth choose to remove that Item Listing.
6.8 You acknowledge that TESYouth Online Auction may retain copies of any and all communications, information, Content and Item Listings sent to us or submitted to the Website.
7. Bidding and Buying
7.1 TESYouth will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Item Listings, nor for any errors or omissions in Item Listings. Use of and reliance upon Item Listings is entirely at your own risk.
7.2 Bidders may bid on any Item at any time during an Auction;
7.3 A bid is generally an irrevocable offer made by a Bidder to a Seller to buy the Listed Item.
7.4 Bids (including winning bids) may be cancelled or retracted at the sole and absolute discretion of TESYouth Online Auction.
7.5 Bidders are responsible for ensuring that they have sufficient funds available to cover their bid(s).
7.6 Bidders are required to conduct their own research and due diligence. All Items are sold on an “as is” basis.
7.7 If a Bidder’s bid is the highest bid on an Item at the end of an Auction, [and is above the Seller’s reserve price,] that bid shall be deemed to have been accepted by the Seller, creating a legally binding contract between the Bidder and the Seller under which the Bidder is obliged to purchase the Item at the price of their winning bid and the Seller is obliged to sell the Item for the same.
7.8 All Bidders and Sellers shall be entitled to enforce the provisions of these Terms and Conditions and may pursue legal remedies against one another for non-performance of any of their respective obligations hereunder.
7.9 Payment for Items may be made using the online payment facility provided.
7.10 Sellers shall be under no obligation to release any Items to Bidders until they have received any and all sums due in cleared funds. Sellers may release Items prior to receipt of monies due but do so entirely at their own risk.
7.11 Legal title in and to Items shall transfer to Bidders only upon receipt of any and all sums due by Sellers, notwithstanding early transfer of possession under sub-Clause 8.10.
7.12 Bidders may, in limited circumstances, have a legal right to return Items to Sellers. Any returns must be completed with seven (7) days of delivery or collection. Refunds will be processed only upon receipt of the returned Item by the Seller.
7.13 You acknowledge that the Consumer Protection (Distance Selling) Regulations 2000 do not apply to the sale of goods by Auction and thus do not apply to this Website or any transactions completed through it.
8. Accounts and Listing Fees
8.1 In order to place an Item Listing or bid on an Item on this Website you must create an Account which will contain certain personal details. By creating an Account you represent and warrant that:
8.1.1 all information you submit is accurate and truthful; and
8.1.2 you will keep this information accurate and up-to-date.
8.2 Sharing of accounts is not permitted unless expressly authorised in writing by TESYouth Online Auction. You must keep your Account details confidential and should not reveal your username or password to any unauthorised third parties.
8.3 A Listing Fee will be charged for each Item Listing you place on this Website. Listing Fees are detailed on the Website. Your credit / debit card will be billed at the time at which your Item Listing goes live and you will be charged a commission of one percent (1%) on the final sale price of each Item.
8.4 Item Listings which TESYouth Online Auction rejects in accordance with sub-Clause 7.2 shall not be charged for.
9. Termination and/or Suspension
In the event that any of the provisions of these Terms and Conditions are not followed, TESYouth Online Auction reserves the right to suspend or terminate your access to the Service. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.
11.1 TESYouth Online Auction makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
11.2 Save for the screening and approval of Item Listings, TESYouth Online Auction has neither control over, nor involvement in, any items or services advertised on the Website and accepts no responsibility for any actions taken, or any items or services provided, by any Sellers. Specifically, you acknowledge that:
11.2.1 TESYouth Online Auction does not own any Items that are being sold on the Website;
11.2.2 TESYouth Online Auction is not an agent for any Seller;
11.2.3 TESYouth Online Auction has no involvement in the sale or delivery of any Item;
11.2.4 TESYouth Online Auction is not responsible for ensuring that a transaction between a Bidder and a Seller is completed correctly;
11.2.5 TESYouth Online Auction will not become involved in any dispute between a Bidder and Seller unless such dispute involves a breach of these Terms and Conditions.
11.3 Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, TESYouth Online Auction makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
11.4 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
11.5 TESYouth Online Auction makes no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
11.6 Whilst every effort has been made to ensure that all descriptions of services available from TESYouth Online Auction correspond to the actual services available, TESYouth Online Auction is not responsible for any variations from these descriptions.
11.7 Whilst TESYouth Online Auction uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
12. Availability of the Website and Modifications
12.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
12.2 TESYouth Online Auction accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
12.3 TESYouth Online Auction reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
13. Limitation of Liability
13.1 To the maximum extent permitted by law, TESYouth Online Auction accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
13.2 Nothing in these terms and conditions excludes or restricts TESYouth Online Auction’s liability for death or personal injury resulting from any negligence or fraud on the part of TESYouth Online Auction.
13.3 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
14. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
15. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
16. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and TESYouth Online Auction.
17.1 All notices / communications shall be given to us by email to firstname.lastname@example.org. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
17.2 TESYouth Online Auction may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link.
18. Dispute Resolution
18.1 Any and all disputes between Bidders and Sellers must be notified to TESYouth Online Auction as soon as possible using the contact details set out in Clause 18.
18.2 The initial communication must set out the nature of the dispute in as much detail as is reasonably possible.
18.3 TESYouth Online Auction will use reasonable endeavours to resolve any and all disputes within thirty (30) days. In the event that a dispute is not resolved within that time, then clause 19.4 below shall apply.
18.4. The parties to the dispute are free at any time to use any lawful methods they deem appropriate in order to reach a resolution including, but not limited to, seeking independent legal advice.
19. Law and Jurisdiction
These terms and conditions and the relationship between you and TESYouth Online Auction shall be governed by and construed in accordance with English law and TESYouth Online Auction and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.