Service Provider Agreement

 

Thank you for joining our web site.

This Agreement (“Agreement”) contains the various terms and conditions that apply to your membership.

 This is a legal document (“Agreement”) so please read it carefully. You must agree to each and every term of this Agreement in order to receive services as a client or provide for services as a provider.

 Accepting each and every term and condition of this Agreement is also a condition precedent for the usage of any tool or service provided by our web site, including viewing any text, graphics or other material published on our web site. You may not visit or view our site or receive or provide services unless you agree to each and every term and condition contained herein this Agreement. By viewing or using any aspect of this site, including any tool or service that we provide, or enrolling as a client or provider, you expressly indicate to us that you have read, understood and agreed to be bound by each and every term and condition contained within this Agreement. 

By checking “I AGREE” when you register, you are bound to the terms and conditions of this Agreement.

RULES AND GUIDELINES

 Any rules, regulations, or guidelines that we post on our site are hereby incorporated by reference into this Agreement as if fully set forth herein.

TRANSFER OF OUR INTERESTS

 We reserve the right to transfer, sell, assign, or give away all membership and user records, and all or part of our business, including all contractual relationships, to any third party at any time without notice to you.  Your rights under this Agreement are not transferable.

 FEE MODIFICATIONS AND REVISIONS

 We may change our fee structure, in full or part, at any time without prior notice to you. You are responsible for all fees, which must be paid in GB Pound Sterling.  You are solely responsible for all fees and costs regarding the usage of the Internet and our service as well as any and all taxes.

 NON-INVOLVEMENT/DISPUTE RESOLUTION

 Our business provides a place for clients and service providers to interact and as such only acts as a venue. As is true with most sites where commerce takes place between private parties, we do not resolve disputes that come up between clients and providers. Accordingly, we can make no guarantee to service providers that they will be paid for their labors and we likewise cannot guarantee to clients that they will receive prompt or suitable services from service providers.  All clients and service providers should execute an appropriate written agreement between themselves so that the terms and conditions of their relationship is reduced to writing. 

MODIFICATIONS TO THIS AGREEMENT

 We reserve the right to modify this Agreement at any time without notice to you. Please read this Agreement each time you visit our site or use a tool or service that this site provides, whether you are a client, a provider, or both.  Any usage by you of any tool or service subsequent to any modification of this Agreement is an express indication by you that you have read, understood and agreed to be bound by each and every term and condition contained within the modified Agreement.

ELIGIBILITY TO USE OUR SITE AND SERVICES

 You must be of legal age in your State to enter into a binding contract in order to use any tool or service that we provide. Minors are forbidden from enrolling as either a client or provider.

 Any individual or entity that has been banned by us for any reason may not maintain an enrollment as either a provider or client and may not visit our web site.

CREDENTIALS AND IDENTIFICATION

 We do not investigate the credentials or identity of any client or service provider. A user based feedback system is provided but we do not guarantee the accuracy or representations contained or involved with this feedback system. We do not investigate the accuracy of any claim placed on this site or transmitted through this site by any user or third party. Do not meet in person any user you have met via this site unless you have adequate security in place and take reasonable precautions to secure your safety.

LINKS DISCLAIMER

 We are not responsible for the content of any sites that we link to.  Please consult the privacy policies and terms of use for any such sites. You visit such sites at your own risk.

Users use materials and information in third-party web sites at their own risk.

INTELLECTUAL PROPERTY PROVISIONS

 All content provided within or via this Site is protected by various English and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, or broadcast in any way without the written permission of the content owner. The contents of this web site may not be “framed” or “mirrored.”  All trademarks presented on or via this Site are owned by their respective owners and may not be used by you in any way.

RELEASE

 You agree to HOLD us HARMLESS and defend us against any claim of any nature regarding your usage of the tools and services provided by this site as well as any harm that might come to you or any third party regarding your activities as a client or service provider.  You agree to release us from any claims of any nature arising from your usage of this site or any service or tool provided by this site to you or any third party. 

TERMINATION OF SERVICE

 We reserve the right to terminate any and all service provided to you at any time without notice for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you. If we terminate services to you, we will deactivate your account. We shall not be liable to you or any third party if we terminate your account and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account. No refunds will be granted to you if we terminate your account.

PROHIBITED CONTENT AND CONDUCT

 You understand and agree that use of the Internet means that you are subject to the risk of receiving or viewing harmful or offensive content and files. We do not promise that we will review and edit all content for safety, quality, accuracy, or decency that you encounter via our Site.

You may not:

  • Engage in any conduct that is harmful to this Site.

  • Violate the civil rights of any third party or entity.

  • Violate any law of any nature including fraud.

DISCLAIMER REGARDING FUNCTIONALITY

 All content, tools, and services provided via this Site are provided on an “as is” basis, and this Site disclaims any and all warranties, express or implied, including those warranties of merchantability, fitness for a particular purpose, title, non-infringement.  Such disclaimers may be limited by the laws of your state, and if so limited, may not apply to you. No warranties of validity regarding any of the content provided herein this Site are made and the operators of this site have not independently verified the validity of any of the content presented herein this Site. If is your duty to independently engage in due diligence to verify any and all claims presented within this Site.

LIMITED LICENSE FOR PERSONAL USE

 You are allowed to make one copy of the contents of your site by downloading such material to your personal computer. You may not reproduce any content provided by this site. Your license to use a personal copy of this site is revocable by the operators of this site at any time upon notice to you at your last known email address or by posting of a general notice on this Site to all users. Your license terminated automatically upon your breach of any term or condition provided herein this Agreement.

AUTOMATIC VIEWING OR USAGE OF THIS SITE

 You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this site. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site.

Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (1) UNINTERRUPTED OR CONTINUOUS AVAILABILITY OF THE OUR SITE, AND (2) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE THIS SITE AND ANY SERVICES PROVIDED BY THIS SITE HEREUNDER. SOME STATES IN THE USA, AND SOME NATIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

No Liability for Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 This Agreement shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts. 

You must determine on your own if the law in your jurisdiction allows you to take part in any particular service or use any particular tool that we offer to members of the general international public.

 
Rights of Third Parties

A person who is not a party to this Agreement has no right under the Contracts 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.

SUBMISSIONS

All submissions become the property of this Site. All submissions are non-confidential in nature.

NOTICE

Notices to you may be issued via electronic mail or by surface mail, at our sole selection.

 

INTELLECTUAL PROPERTY NOTICES

 You agree that you have been suitably noticed of any trademark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be “willful” in nature.

All product names, marks, logos, symbols, and company names are the property of their respective owners and subject to the protection of English Law and International laws and regulations.

 

GENERAL INFORMATION

This site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.

This Agreement serves as the final and only Agreement between you and this Site.

We may revise or modify any portion of this Agreement at any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this Site or elsewhere. Any usage of this Site or tool or service that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.

We may post user guidelines or rules on our site. If we do publish such materials, they are hereby incorporated into this Agreement as if fully set forth herein.

APPROPRIATE CONDUCT

You may not provide false or fraudulent claims or misleading or incorrect data to any user, or infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.

You may not transfer any harmful material via our site or to us or our users, including viruses or other harmful material.

DATA

 All data accumulated by us from any user of our system, including statistical information and data of any type, shall belong solely to us and you agree that we shall have the right to use such data as it determines in its sole discretion.

CONTACT WITH YOU

 You agree to keep us informed of your email address and further agree that we may contact you at anytime regarding any issue relevant to your usage of our site or any tool or service that we provide to you. 

FOLLOWING THE LAW

 You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items and services.

INDEPENDENT CONTRACTORS

 Our relationship with you is solely that of independent contractors, no agency, partnership, joint venture or employee relationship is created by this Agreement or our actions.

TERMINATION OF YOUR MEMBERSHIP

 You agree that we may terminate your membership to and usage of our site at anytime without prior notice to you.

HEADINGS

 All headings provided herein are for reference only and have no legal import or meaning.

IMPOSSIBILITY OR DIFFICULTY OF PERFORMANCE

 We are not responsible for any acts of God, floods, earthquakes, or other natural catastrophes; national emergencies, or events that keep us from providing services to you when such events are outside our reasonable control

POSTED RULES

You agree to follow and obey any posted rules or guidelines and we hereby incorporate the same as if fully set forth herein.

RATINGS

 You must use our rating system only in a way that is fair and honest. You may not copy, reproduce or otherwise distribute any element of your feedback. We will not import feedback from any other systems or web sites.

TAXES

All users are responsible for their own taxes of any nature.

AGE OF MAJORITY

 All service providers must be of at least 18 years of age.

ACCEPTED OFFERS ARE BINDING

 Your acceptance of any offer creates a binding contract.

 If you are a seller or a buyer and you agree to buy or sell an item for a particular price, you are contractually responsible to follow through with the transaction or you could be subject to a lawsuit for breach of contract.

Banned Items

Animals and animal feeds.

Bulk email  lists

Computer Programmes or devices where the use of would be considered illegal.

Counterfeit items of any description. Items that violate or infringe on copyright or other intellectual property rights.

Credit cards and personal/ financial materials and information. Items that violate the right of privacy of any person.

Criminal Activity, any items that may assist or facilitate.

Competitions, including lotteries, that could be deemed fraudulent or illegal.

DNA or items purported to carry DNA

Duty payable items, ie, Tobacco, Alcohol, etc.

Drugs and related equipment, including prescription drugs.

Encryption devices or related script programs.

Financial advice, facilities, shares or dealings.

Fireworks, explosives

Fire Arms and other weapons (except antiques/collectables)

Food, drink, alcohol.

Franking and stamping machines.

Gas cylinders

Illegal matter or articles, that would be considered as such inside or outside of the UK.

Impersonating items, False IDs, fraudulent or misleading documentation, passes, uniforms, etc.

Inflammatory material of any kind.

Intangible items such as “souls” and “ghosts”.

Iraqi currency, or any currency deemed speculative in nature.

Mailing lists of any kind.

Medical items, new or used

Money making “schemes”eg. pyramid, MLM.

MP3s and DVDs where copied illegally.

Pornographic, indecent or obscene items.

Radioactive materials

Radio Transmitting or receiving equipment if deemed illegal in that country.

Recalled by manufacturer items.

Remains either human or animal.

Surveillance equipment.

Tickets for travel or entertainment.

Weapons, including throwing stars “nun chucks” if prohibited by law.

This list must be considered part of the user agreement.

Bootbay reserves the right to remove any items it deems not to be in the sites or its’ members interest without notice. Buyers and sellers are responsible for all banned trades, whether a payment has been received or not.

 

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