Website | Suppliers
Terms and Conditions
PLEASE READ OUR TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE OUR WEBSITE.
These terms and conditions regulate the legal relationship between you and us. By using our Website in any way, or by becoming the Member, you agree to be bound by them.
No person under the age of 18 years or incompetent to enter into a legally binding contract may use our website for sale and purchase of the items.
| We are: |
Tracey Kifford, Georgena Bowdidge and Huw Kidwell collectively trading as “WowThankYou” (hereinafter referred as / “we” / “us” / “our”), with its operations office at 118 Stour Green, Ely, Cambridgeshire, CB6 2XH. |
| You are: |
visitor to our Website / a Member. |
Background
- We
run www.wowthankyou.co.uk which offers an online meeting platform for both Online Purchasers
and Suppliers throughout the territory of the United Kingdom by the
way of allowing display of items for sale by the Suppliers to be
purchased by the Online Purchasers. Suppliers can advertise their
products and Online Purchasers can search through our Website to
find required product from the Supplier.
- The
website is an online shop where products can be chosen and then paid
for either direct to the Supplier or via us if that is the payment
method opted for by the Supplier at the time of signing up for
registration. We provide a retail site where Suppliers can display a
range of their products under different categories on the Website.
The products can be placed in a basket and then purchased through
Paypal by the Online Purchasers. We will hold no stock and items
will only be delivered direct from the Suppliers. We will carry some
advertising (paid for by money and also in kind for links and
publicity for agreed price). We will also carry Supplier profiles
and other items of interest for the reference of the Online
Purchasers. The Suppliers will undertake to deliver the products to
the Online Purchasers to remain responsible for collection of sales
price, after sales services, returns (according to the distance
selling regulations) and any problems the Online Purchasers may
bring up.
- You
affirm that you are either more than 18 years of age, or an
emancipated minor, or possess legal parental or guardian consent,
and are fully able and competent to enter into the terms,
conditions, obligations, affirmations, representations, and
warranties set forth in these terms and conditions, and to abide by
and comply with these terms and conditions.
Following are the
terms of use of this Website
- Definitions
“Supplier(s)” means
the person or an organisation that uses the Website for offering its
products to the Online Purchasers;
”Member” means either
a Supplier or an Online Purchaser;
“Online
Purchaser(s)” means the person who uses Website for the purpose of
purchasing a product from the Supplier;
“Registration” means
the process that each of the Online Purchasers or Suppliers needs to
complete in order to avail the Services;
“Services” means the
Services which we have agreed to provide to the Members as per the
terms of this document;
“Website” means www.wowthankyou.co.uk.
- Your
Acceptance
- You now understand and
acknowledge that by completing the registration process you are
entering into an agreement with us and that you accept these terms
and conditions. If you do not agree to any of these terms, please
do not use the Website.
- These terms apply (so
far as it may be relevant) not only to Members but to all visitors
to the Website. If you visit the Website, you are deemed to have
accepted these terms and conditions.
- These
terms do not govern the contractual relationship between us and any
business partner, advertiser or affiliate, other than in his/her
capacity as a Website visitor or Member. If you want to join as a
Supplier, you will be subject to some additional terms that we may
communicate to you from time to time in addition to these terms.
- Change
to the terms and conditions
We reserve the right to:
- change these terms or
any part of them;
- change the appearance
and design of the Website, including removing or discontinuing any
content or feature of the Website; or
- impose or change fees,
charges or other conditions for use of the Services or parts
thereof.
- Your
account with us
- When you register
yourself as a Supplier or Online Purchaser on the Website, you are
allowed to avail the Services. All the products of the Suppliers
are reviewed by our editorial team before they are published on our
Website. We reserve the right to edit the description of the
products if they appear misleading.
- All Members must
provide the following information at the time of registering over
the Website:
Your Username
Chosen password
Email address
Type of member: Supplier
or Online Purchaser
Member type: Individual
or Company
Company name (if Company)
First name
Surname
Address
Town/City
Postcode
Phone number
Mobile number
The aforementioned list
is not conclusive and we reserve the right to ask for additional
information on or after the Registration.
- As a Member, you are
responsible for maintaining the confidentiality of your account and
password and for preventing any unauthorised person from using your
user name and password.
- You agree to accept
responsibility for all activities that occur through your account
or password. You should tell us immediately if you believe some
person has accessed your account without your authority or log in
to your account and change your password.
- You agree not to
assign, transfer, or authorise any other person to use your
membership. If you try to do so, we have the right to terminate
your membership.
- We reserve the right to
suspend or terminate your access to the Website due to a breach of
any or all of these terms on your part.
- Acceptable
use policy
You agree to comply with
the following acceptable use policy that governs your use of the
Website:
- You will not use or
allow anyone else to use the Website to post or otherwise publish
the following contents:
- a product manufactured
outside UK, manufactured by third party or in violation of these
terms;
- copyright works;
- creating an account
with fictitious identity;
- commercial audio,
video or music files;
- any material which
violates the law of any established jurisdiction;
- any graphic violence
or other acts resulting in serious injury or death;
- unlicensed software or
software, which assists in or promotes: emulators, freaking,
hacking, password cracking, IP spoofing or automated data
collection activities;
- pornographic material;
- any material promoting
discrimination or animosity to any person on grounds of gender,
race or colour;
- links to any of the
material specified in this paragraph.
- You grant us the right
to edit, copy, publish, distribute, translate and otherwise use
your contents in any medium and for any purpose.
- You agree to subscribe
to our newsletter and other informative mails that we or any third
party may send to you from time to time at no charge. You may
unsubscribe to any such newsletter or periodical informative mails
by opting to discontinue such subscription.
- You shall be solely
responsible for your contents and all risks and responsibilities of
posting or publishing them. The products and advertisements
displayed on the Website are provided by the Suppliers and third
parties and may not be reviewed by us. We accept no responsibility
or liability for the content on the Website and description of the
products or advertisements and we expect Suppliers and Online
Purchasers to carry out their own verification procedures as they
deal at their own risk. Although we reserve the right to review the
content from time to time and may edit or delete it.
- We do not endorse any
content or any opinion, recommendation, or advice expressed
therein. We expressly disclaim any and all liability in connection
with the contents. We do not permit copyright infringing activities
and infringement of any other intellectual property rights on the
Website, and we will remove all contents as per our sole discretion
or if properly notified that any such content infringes on other's
intellectual property rights or contains a false information.
- You will not use the
Services in a manner which violates any national or international
law or regulation, or which fails to comply with accepted internet
protocol. You will not attempt to interfere in any way with our
networks or network security, or attempt to use our services to
gain unauthorised access to any other computer system.
- You will immediately
notify us of any security breach or unauthorised use of your
account. You will not interfere in any way with another user(s) use
of our services. You will not resell, rent, lease, grant a
security interest in, or make commercial use of our services
without our express written consent.
- We will try to ensure
that Website is continuously available and all the services offered
are available on it. But we accept no responsibility for the
consequences of interruptions or delays and its consequences,
however caused.
- We are not liable for
any loss or damage suffered by you as the result of your use of
this Website including any loss of future earnings, profit or
prospects or any consequential or speculative loss.
- As a part of a
transaction you may obtain personal information, including email
address, user Identification, postal and financial information from
another Member. You agree that this personal information shall only
be used in accordance with applicable laws and regulations
(including without limitation, data protection laws). You must
evaluate the privacy and security policies of the Member before
choosing to share information with them.
- You shall comply with
all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of the Website and
your listing, purchase, solicitation of offers to purchase, and
sale of items including online conduct and acceptable content.
- Pricing
and payment
- We have no control on
the pricing of the products that Suppliers may offer. Payment will
be taken either by the Suppliers or by us via PayPal with the
consent of the Supplier, if opted for at the time of Registration.
- We are not responsible
for any payment made to the Supplier by the online Purchaser. If it
is made through us, the financial information, including credit
card details is used to obtain payment for goods you have ordered
from us. This information is never actually received by us. The
page where this information is given by you is controlled by our
contract merchant service provider, PayPal. Such information is
automatically encrypted, and later decrypted for use. It never
touches our system.
- You will pay all sums
due under these terms by the means specified without any set-off,
deduction or counterclaim.
- The Online Purchaser is
responsible for paying all agreed costs associated with a purchased
product through the Website as stated in the invoice. An Online
Purchaser must pay the amount due in full within 14 days of
purchase. If the purchases are not paid in full, the Supplier risks
penalties such as the suspension of privileges and/or termination
of the account.
- Members’
Obligation
- For Online Purchasers:
- If you want to
exercise your right of returns of the product under the provisions
of the Consumer Protection (Distance Selling) Regulations 2000,
you must inform the concerned Supplier about your intention with
the reason of cancellation in writing within the period of 7 days
from the delivery of the product. This is known as a "Cooling
Off Period". This right is not applicable in case of products
made to your personal specifications or personalised for you.
As we are not the supplier of the products, we do not owe the
responsibility of this return and refund. You must take care of
the goods and return them to the Supplier in this case, (you may
have to pay for the costs of returning the goods) or make them
available for collection.
- You will not disclose
any information that was provided to you by us and you will use
your best efforts to respect these terms. We supply the
information for your personal use and it must not be directly or
indirectly used for any commercial purpose including but not
limited to resale or further distribution to a wider audience;
- You will be solely
responsible for the any purchase and advice from the Supplier and
verification and handling of their identity and other information
delivered to you or displayed over the Website relating to that
Supplier. We have no control over the accuracy of any posting on
the Website or transmission through it by Supplier. In addition we
will make no effort to verify the identity of any of the
Suppliers;
- You shall indemnify
and keep indemnified us against all costs, claims or liabilities
incurred by us and arising out of any engagement of the Supplier
and/or as a result of any breach of these terms by you. We shall
not be liable to you in connection with this agreement for any
indirect or for consequential loss or damage or any loss or damage
to profit, revenue, savings, use, contract, goodwill or
opportunity due to any kind of dealing with the Supplier by you;
- You understand when
you register with the Website, you will be asked to provide us
with certain information including that of personal nature. For
the purposes of the Data Protection Act 1998, you consent to the
processing of your personal data (in manual, electronic or any
other form) relevant to this agreement, by us and/or any agent or
third party nominated by us and bound by a duty of
confidentiality. Processing includes but is not limited to
obtaining, recording, using and holding data and includes the
transfer of data to any country either inside or outside the EEA.
- For Suppliers:
- You agree that our
role is only to introduce you to the Online Purchaser. We do not
guarantee any purchase or other kind of engagement by the Online
Purchaser which will depend upon the absolute discretion of the
Online Purchaser. If selected for your product, you will be with
the contact with the Online Purchaser without any liability upon
us.
- You understand that
you are not our agent, employee, partner or in any other
relationship and you do not have authority to enter into any
commitment on our behalf unless specifically authorised in writing
by us;
- You are from the UK
and offer the products made within the territorial limits of the
UK only and which are not mass produced. The products must also be
your own products which means that you are not selling them on
behalf of someone else;
- You undertake to hold
adequate cover of public liability insurance at all the times
during applicability of these terms in your case;
- The offered products
may not be illegal such as weapons, knives, in addition to
alcohol, tobacco or any other drugs or intoxicants;
- Safety and quality of
sale items is of the utmost importance. Your products will comply
with the applicable health and safety requirements under the UK
and EU laws. Product descriptions must include any warnings that
are necessary, an example of this is the sale of toys (age ranges,
i.e., not suitable for under 3 yr olds) or if soft toys have
buttons for eyes this must be warned about. The materials used for
producing goods must be legal and safe under all required UK and
EU safety requirements;
- Return of products
must be advised to us before they are sent to the Online
Purchasers. We will advise them and provide a returns number.
- The suppliers will
have the option to add their own terms for delivery if they want
(these will relate to breaks they take for holidays and also
delivery times). Delivery times (estimated) will be given on the
Website and these will extend to timescales for bespoke items as
well. Delivery must be made by a trackable delivery service,
either Recorded or Special Delivery, Parcel Force or other
courier;
- You will not mislead
the Online Purchasers with the false or misleading description of
the product or the product that you do not stock;
- You have supplied and
will continue to supply true and correct information about
yourself for the purpose of these terms. You further undertake
that you have all authority experience of dealing in the products
as displayed on the Website. All the certificates and information
as may be required in support of your undertaking will be self
verified by you to be true and correct;
- You will indemnify us
for any breach of these terms on your part in addition to any
other terms that we may communicate to you from time to time;
- You understand when
you register for the Website, you will be asked to provide us with
certain information including that of personal nature. For the
purposes of the Data Protection Act 1998, you consent to the
processing of your personal data (in manual, electronic or any
other form) relevant to this agreement, by us and/or any agent or
third party nominated by us and bound by a duty of
confidentiality. Processing includes but is not limited to
obtaining, recording, using and holding data and includes the
transfer of data to any country either inside or outside the EEA.
- In addition to the
terms and conditions that may be set forth in any privacy policy
on this Website, you understand and agree that we may disclose to
third parties, on an anonymous basis, certain aggregate
information contained in your registration application.
- You will have the sole
responsibility to verify the Online Purchasers’ identity,
credentials and other relevant information delivered to you by any
Online Purchasers;
- You undertake to
supply the products as per the governing law in the United
Kingdom. You also undertake to hold any registration and a valid
licence from appropriate authority or authorities as may be
application for your business.
- The suppliers may list
their products anywhere else, even on competing websites, but not
at a price that undercuts the prices listed on the Website.
- Account
Termination policy
- You understand and
agree that we retain the right, at our sole discretion, to
terminate any and all part of the Services without
any refund under appropriate circumstances on immediate
notice to you. We may terminate your access to and use of the
Website if, you are determined to have breached these terms and
conditions or our instructions that we may issue from time to time.
The cause for such termination shall include, but not be limited
to:
- breaches or violations
of these terms (as amended upto date) in addition to other
instructions or guidelines that we may issue from time to time;
- requests by law
enforcement or other government or regulatory authorities;
- your violation of
third party copyrights or other intellectual property, such as,
but not limited to, pornography, obscene or defamatory material,
hate or inciting violence or
- sending spam messages
via our messaging system or messages containing advertisements for
third party services.
- If we determine that
you have failed to comply with any of these terms, we shall, if and
when we deem it appropriate:
- facilitate criminal
prosecution against you by referring your illegal activity to the
appropriate legal authorities, and
- bring a civil action
against you, when you will be liable to us for any direct,
indirect, special, incidental, or consequential damages incurred
by us as a result of your illegal or other prohibited activity.
- Notwithstanding
termination of this relationship for whatever reason, all the
provisions that are intended to operate or have effect after
termination or expiration shall continue in full force and effect.
- System
Security
- You agree that you will
not, and will not allow any other person to violate or attempt to
violate any aspect of the security of the Website;
- You agree that you
will, in no way, modify, reverse engineer, disassemble, decompile,
copy, or cause damage or unintended effect to any portion of the
Website, or any software used on the Website, and that you will not
permit any other person to do so;
- You understand that any
such violation is unlawful in many jurisdictions and that any
contravention of law may result in criminal prosecution.
- Examples of violations
are:
- accessing data
unlawfully or without consent;
- attempting to probe,
scan or test the vulnerability of a system or network or to breach
security or authentication measures;
- bulk sending of
unsolicited messages, or the sending of unsolicited emails which
provoke complaints from recipients;
- sending of junk mail;
- taking any action in
order to obtain services to which you are not entitled.
- Policy
relating to intellectual property and link exchange
- Title, ownership
rights, and intellectual property rights in all contents and
material that is part of, contained in, or accessed through the
Website and provided either by us or by any other Member of third
party shall remain the sole property of us or any other content
provider, as the case may be. You acknowledge and agree that
certain brand, products, services or business names contained
within the Website may represent protected trademarks and service
marks. Such content and materials are protected by the copyrights,
trademark, service mark and patent laws and treaties of all
countries.
- We respect the
intellectual property of others, and we expect you to do the same.
We may, in appropriate circumstances and at our discretion,
terminate the account or access of Members who infringe the
intellectual property rights of others.
- If you become aware of
any misuse including offensive content and any intellectual
property policy breach, please contact us.
- The Website may contain
links to other Internet websites or resources. We neither control
nor endorse such other websites, nor have we reviewed or approved
any content that appears on such other websites. You acknowledge
and agree that we shall not be held responsible for the legality,
accuracy, or appropriateness of any content, advertising, products
or information located on or through any other websites, nor for
any loss or damages caused or alleged to have been caused by the
use of or reliance on any such content. All trademarks, service
marks, and logos used on the Website are the trademarks, service
marks, or logos of their respective owners.
- Indemnity
You agree to defend,
indemnify and hold harmless us, our Online Purchaser corporation,
officers, directors, employees and agents from and against any and
all claims, damages, obligations, losses, liabilities, costs or debt,
and expenses (including but not limited to attorney's fees) arising
directly or indirectly from:
- your failure to comply
with the law of the UK;
- the posting by you of
any content on the Website;
- your violation of any
third party right, including without limitation any copyright,
property, or privacy right;
- the posting by any
third party with or without your knowledge of any material on your
website;
- any use of the Website
for a purpose forbidden by these terms;
- your violation of any
of these terms;
- any threatening,
libellous, obscene, harassing or offensive material contained in
any of your communications.
- Limitation
of Liability
- In no event shall we,
our officers, partners, employees, affiliates, or agents, be liable
to you for any direct, indirect, incidental, special, punitive, or
consequential damages whatsoever resulting from any
- errors, mistakes, or
inaccuracies of content,
- your dealing with any
person through the Website,
- any unauthorised
access to or use of our secure servers and/or any and all personal
information and/or financial information stored therein,
- any interruption or
cessation of transmission to or from our Website,
- any bugs, viruses,
trojan horses, or the like, which may be transmitted to or through
the Website by any third party, and/or
- any errors or
omissions in any content or for any loss or damage of any kind
incurred as a result of your use of any content posted, emailed,
transmitted, or otherwise made available via the Website, whether
based on warranty, contract, tort, or any other legal theory, and
whether or not the we are advised of the possibility of such
damages. The foregoing limitation of liability shall apply to the
fullest extent permitted by law in the applicable jurisdiction.
- You specifically
acknowledge that we shall not be liable for the content that may be
defamatory, offensive, or illegal conduct of any Member or third
party and that the risk of harm or damage from the foregoing rests
entirely with you.
- You further agree that
in any circumstances when we may become liable to you, the limit of
our liability is the amount you have paid us.
- Disclaimers
- We do not have any
direct involvement in transactions between the Members and as a
result cannot control or guarantee any aspects of such transactions
including the ability of a Supplier to supply or an Online
Purchaser to pay for any listed product. You will not hold us
responsible for the actions or inactions of the Suppliers and
Online Purchasers or for ensuring that they actually complete
transactions and their respective obligations. You further agree
that we are not in the position of controlling or guaranteeing the
quality, safety, morality or legality of neither any content on the
Website nor any detail relating to the true identity, age or
nationality of any Member.
- We give no warranty,
express or implied, as to the truth of any information given on the
Website including the quality and suitability of the products in
addition to text, usernames, artwork, images, graphics,
photographs, data, craft process information and any links posted
by any Member.
- Much of the content
provided on the Website is submitted (and thereby published) by the
Members and third parties. We are under no obligation to vet, check
or approve any such material. We further disclaim all
responsibility for such content.
- We take no
responsibility for the wrongful use of any information published on
our Website by any person. We provide the blog facility to the
Members to facilitate direct communication in respect of any
potential transaction. You understand that you use our service at
your sole risk without any liability on our part. You are requested
to use caution, common sense, and practice safe buying and selling
when using the Website. Please do not assume that the offer, sale
or purchase of any item is valid and legal simply because it is
listed on the Website. You accept sole responsibility for the
legality of your actions under laws applying to you and the
legality of any content that you post on the Website
- Information that you
provide to us may be unlawfully available to hackers and snoopers.
We take no responsibility for this. The risk is no different from a
similar risk in a bricks and mortar establishment. Except as set
out below, we do not share, or sell, or disclose to a third party,
any personally identifiable information collected at this site. If
this policy should change in the future (most unlikely), then we
shall provide notification in advance, and the opportunity for all
users to indicate whether or not they would prefer that we do not
provide the information to third parties as proposed.
- In no event shall we be
liable for any special, indirect or consequential damages or any
damages whatsoever resulting from loss of use, loss of data or loss
of revenues or profits, whether in an action of contract,
negligence or otherwise, arising out of or in connection with the
use of the Website or the Content available from this Website.
- Miscellaneous
In these terms, unless
the context clearly indicates another intention:
- any reference to a
person includes natural persons and partnerships, firms and other
such unincorporated bodies, corporate bodies and all other legal
persons of whatever kind and however constituted,
- The provisions of the
Contracts (Rights of Third Parties) Act 1999 shall not apply to
these terms and conditions,
- Any notice or other
information required or authorised by these terms and conditions to
be given by either party to the other may be given by hand or
electronic means to the other party at the address last provided
for that type of communication. The service of notice shall be
deemed to have been made on the second day of its transmission
(except in case of electronic means where it is deemed to be made
immediately),
- No failure or delay by
either party in exercising any of its rights under these terms
shall be deemed to be a waiver of that right, and no waiver by
either party of any breach of these terms by the other shall be
considered as a waiver of any subsequent breach of the same or any
other provision,
- If any of these terms
is at any time held by applicable jurisdiction to be void, invalid
or unenforceable, then it shall be treated as changed or reduced,
only to the extent minimally necessary to bring it within the laws
of the applicable jurisdiction and to prevent it from being void
and it shall be binding in that changed or reduced form. Subject to
that, each provision shall be interpreted as severable and shall
not in any way affect any other of these terms.
- Any dispute arising
under or in connection with these terms shall be referred to
arbitration by a single arbitrator appointed by us.
- These terms shall be
subject to the law applicable in the United Kingdom. The parties
hereby waive any other jurisdiction to which they may be entitled
by reason of their present or future domicile or for any other
reason.
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