Terms and Conditions

1.INTRODUCTION

 

1.1 Please read this Terms of Use document with great care before registering with www.gaboom.co.uk to use our services ('Services') operated by GaBoom Ltd. ('GABOOM LTD.', 'our', 'we' or 'us') (Company number: 07164812).

1.2 By subscribing to our Services you agree to be legally bound by these terms and conditions.

1.3 The definitions in this clause apply in this licence:

1.3.1 Website: means www.gaboom.co.uk

2.ONLINE SERVICE AND OTHER BENEFITS

2.1 The materials accessed using the Website are presented solely for your private and personal use and may not be re-sold;

2.2 You may not use our sites and services if you are under the age of 18, if you do not have the permission of a Parent/Guardian who is over the age of 18 or if your membership with the Website has been suspended;

2.3 You agree that you will not misrepresent your age in any way;

2.4 GABOOM LTD. may terminate or suspend your use of the Services at any time if GABOOM LTD. determines in its absolute discretion that you are in breach of any of these terms.

2.5 While using the Website, you agree that you will not;

2.5.1 post, list or upload content or items of an inappropriate manner;

2.5.2 breach any laws, trade counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties;

2.5.3 fail to deliver items that you have agreed to deliver to another user

2.5.5 avoid or manipulate our fee and payment structure, the billing process, or fees owed to GABOOM LTD.;

2.5.6 post false, inaccurate, misleading, defamatory, or libellous content in any circumstance;

2.5.7 take any action that may undermine the feedback or ratings systems;

2.5.8 transfer your account with the Website and user identity to another party without receiving consent from the Website and GABOOM LTD.;

2.5.9 store or otherwise collect and retain information about users, including email addresses and contact information, without their consent;

2.5.10 distribute viruses or any other technologies that may harm the Website;

2.5.11 copy, modify, or distribute rights or content from the Website, services or tools or GABOOM LTD.'s copyrights and trademarks; or

2.5.12 distribute, circulate or post spam.

3.PAYMENT

3.1 The price of any service or subscription is the price in force at the date and time of your order.

3.2 Unless clearly stated otherwise fees are quoted in GB pounds (£) sterling only;

3.4 If any sum due to GABOOM LTD. is overdue, GABOOM LTD. may:

3.4.1 suspend or cancel your transaction;

4.WARRANTIES

4.1 We warrant that:

4.1.1 We have a right to provide the Website materials and other benefits set out on the Website from to you; and

4.1.2 We will provide our services set out on the Website with reasonable skill and care.

4.2 If you have any complaints, you should direct them to us via email at info@gaboom.co.uk

5.MODIFICATIONS

5.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of the Website and the available benefits. Unless explicitly stated to the contrary any new features will be subject to these terms and conditions. Please note that although we try to ensure that the content of our Website is accurate, it may contain typographical errors or other inaccuracies, for which we do not accept liability.

6.INFORMATION YOU PROVIDE

6.1 You undertake that all details you provide to us for the purpose of subscribing will be correct.

6.2 The following applies to any information you provide to us, for example, during any registration or subscription process.

6.3 You authorise us to use, store or otherwise process any personal information which relates to and/or identifies you, including, but not limited to, your name and address, to the extent reasonably necessary to provide the services which are available through our Website ('Purposes') by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our 'Partner Companies').

6.4 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should email us at info@gaboom.co.uk

7.SECURITY

7.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for access to the Website. You may not share these with or transfer them to any third parties. You must notify GABOOM LTD. of any unauthorised use of them or any other breach of security regarding our Website that comes to your attention.

8.APPLICABILITY OF ONLINE MATERIALS

8.1 Our Website is controlled and operated by us from our offices in the UK. Where materials published on the Website are supplied by third parties, you understand that we do not control or endorse their contents in any way. All materials which are offered by third parties, are published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of those materials (on or off-line) and the use of those materials. You assume total responsibility and risk for your use of the materials and the Website.

8.2 We have used our best endeavours to ensure that all materials comply with UK laws. However, we make no representations that the materials and the Website are appropriate or available for use in locations outside the UK. Those who visit our Website from other locations do so on their own initiative and are responsible for compliance with all applicable laws.

8.3 makes no warranties, express or implied that making the materials and the Website and our subscriber benefits available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations.

9.COPYRIGHT

9.1 The contents of the Website are protected by international copyright laws and other intellectual property rights. The owner of these rights is GABOOM LTD., our affiliates or other third party licensors. All product and company names and logos contained within our Website are the trade marks, service marks or trading names of their respective owners, including us.

10.AVAILABILITY OF THE WEBSITE

10.1 We will use reasonable endeavours to make the Website available but cannot guarantee that the Website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of the website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.

11.LIABILITY

11.1 Except as set out in sub-clause 4.1, we exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to our Services, our Website or any information we provide to our subscribers.

11.2 We accept no liability for any indirect or consequential loss or damage, or for any direct or indirect loss of data, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of the Website, provision of services or attendance at other events, we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of GABOOM LTD. or our servants, agents or any other person or entity.

11.3 You agree you will not hold GABOOM LTD responsible for any loss you may incur as a result of GABOOM LTD taking any of the actions described in this agreement nor for other users' actions or inactions, including, without limitation, things they post, items they list or their destruction of allegedly fake items.

11.4 If we are liable to you for any reason, our liability will be limited to the amount paid by you for the subscription of a service to our Website at the time at which such liability arose. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.

11.5 You accept that We, the Website are a venue which allows anyone to swap items at anytime, from any location in the U.K. There is no point at which GABOOM LTD have possession of anything listed on the Website.

11.6 The limitations and exclusions in this condition do not affect your non-excludable statutory rights only apply to the extent permitted by applicable law.

11.7 A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

12.GENERAL

12.1 We may, but you may not, assign any rights and/or transfer, sub-contract or delegate any obligations under these terms and conditions, and/or charge or deal in any other manner with these terms and conditions or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this clause 13.1 shall be ineffective. These terms and conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.

12.2 We may alter these terms and conditions from time to time and post the new version on our Website. All Services will be governed by that version.

12.3 These terms and conditions are the whole agreement between you and GABOOM LTD. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by GABOOM LTD. or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions.

12.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

12.5 These terms and conditions and your use of our Website and are governed by English law and you submit to the non-exclusive jurisdiction of the English court.

12.6 Except in respect of a payment obligation, neither you nor GABOOM LTD. will be held liable for any failure to perform any obligation to the other due to causes beyond your or GABOOM LTD.'s respective reasonable control.

12.7 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that right or remedy.

12.8 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.

12.9 GABOOM LTD. reserves the right to cancel unconfirmed and unverified accounts or accounts that have been inactive for a long time or to modify or discontinue the Website. You agree not to hold GABOOM LTD. responsible for any loss you may incur as a result of taking this action.

12.10 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 Website.

12.11 GABOOM LTD. cannot and does not confirm, and is not responsible for ensuring, the accuracy or reliability of users' purported identities or the validity of the information that they provide to GABOOM LTD or post on the Website.

12.12 Users must accurately describe the location from which their item will be sent in the item location field, of all item listings. False, inaccurate or misleading information about the postage location of an item is prohibited on the Website.

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

12.14 You agree that you will not interfere or attempt to interfere with the proper working of the Website or any activities conducted on or with the Website.

12.15 You agree that, to remain a user of the Website, you will;

12.15.1 maintain a current and valid email address and contact information at all times;

12.15.2 not misrepresent your identity in any form or manner;

12.15.3 not publish the contact information of others users in any part or section of the Website;

12.15.4 follow the terms of this Agreement and other Agreements relating to the Website (such as the Privacy Policy);

13.NOTICES

13.1 All notices shall be given:

13.1.1 to us via email at info@gaboom.co.uk or by post at GaBoom Ltd, PO Box 772, Godalming, GU7 9EZ; or

13.1.2 to you at either the email or postal address you provide during any ordering process.

13.2 Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three days after the date of posting.

14.REPLACEMENT

14.1 These terms and conditions replace all other terms and conditions previously applicable to the provision of the Services.

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