Terms and Conditions

Terms and conditions for supply of services

Interpretation

The definitions in this paragraph apply to these terms:

Services: the provision of an online buying and selling website service, www.whooshgone.co.uk (Whoosh Gone)

Terms: the terms and conditions set out in this document

We/us: Whoosh Gone Limited

Writing or written: includes faxes and e-mail.

Terms of website use

2.1	This page (together with the documents referred to on it) tells you the terms on which you may make use of our website www.whooshgone.co.uk (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
2.2	These Terms set out the whole agreement between you and us for the supply of our Services.
2.3	You may not use our site and Services if you are under the age of 18 or you are not able to form legally binding contracts.

Information about us

We are registered in England and Wales under company number 07921173 and have our registered office at Garden Cottage, Pantyderi, Blaenffos, Boncath, Pembrokeshire, SA37 0JB. Our VAT number is [VAT NUMBER].

Accessing our site

4.1	Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
4.2	From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
4.3	If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
4.4	You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms, and that they comply with them.

Intellectual property rights

5.1	We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2	You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others to material posted on our site.
5.3	You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
5.4	Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
5.5	You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
5.6	If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance on information posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Uploading material to our site

8.1	Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in these Terms. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
8.2	Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
8.3	We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
8.4	We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in these Terms.

Viruses, hacking and other offences

9.1	You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
9.2	By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
9.3	We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Terms of supply of services

10.1

We will commence supplying our services to you as soon as you accept these Terms.

10.2

While using Whoosh Gone, you will not:

10.2.1	breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties;
10.2.2	10.2.2 fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
10.2.3	fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity. All sellers are advised to retain proof of delivery;
10.2.4	post false, inaccurate, misleading, defamatory or libellous content (including personal information);
10.2.5	threaten, bully, coerce or use profane language towards us or other users of the site;
10.2.6	distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
10.2.7	distribute viruses or any other technologies that may harm Whoosh Gone;
10.2.8	copy, modify or distribute rights or content from our site, services or tools or Whoosh Gone's copyrights and trademarks; or
10.2.9	harvest or otherwise collect information about users, including email addresses, without their consent.

10.3

We reserve the right to limit your activities on our site (including, without limitation, restricting the number of items you may list on our site), if we think that such restrictions will improve the security of Whoosh Gone or reduce our or another Whoosh Gone's exposure to financial or other liabilities.

10.4

Please report problems, offensive content and policy breaches to us.

10.5

Without limiting other remedies, we may issue you with warnings, limit, suspend or terminate our service and user accounts, restrict or prohibit access to, and your activities on, our site, delay or remove hosted content, reduce or eliminate any discounts, and take technical and legal steps to keep you off our site if:

10.5.1	we have grounds to believe that you are creating problems, or exposing us or another Whoosh Gone user to financial loss or legal liabilities;
10.5.2	we have grounds to believe that you are infringing the rights of third parties;
10.5.3	we have grounds to believe you are encouraging other users of the site to break the law;
10.5.4	we have grounds to believe that you are acting inconsistently with the letter or spirit of these Terms.

11.1

Buyers must:

11.1.1	not commit to buying an item without paying;
11.1.2	not bid with no serious intention of buying.
11.1.3	agree to payment conditions as stated by a seller's listing description.

11.2

If a buyer believes that a seller has breached their obligations under paragraph 12 of these Terms, in the first instance you should contact the seller to seek resolution of the matter.

11.3

Should you not be able to resolve the matter in accordance with paragraph 11.2, you should contact us within 7 days of paying for the item sold by the seller to report the alleged breach. You must report any alleged breaches to us within this 7 day period as after this period your payment will have been processed and sent to the Seller.

11.4

After your report is received, Whoosh Gone will consider the circumstances of an alleged offence and the seller's trading record before taking action.

11.5

If your complaint cannot be proven with certainty, Whoosh Gone may take no action.

11.6

Due to privacy issues, it is not possible for Whoosh Gone to discuss the results of an investigation.

Regulations for buyers

11.1

Buyers must:

11.1.1	not commit to buying an item without paying;
11.1.2	not bid with no serious intention of buying.
11.1.3	agree to payment conditions as stated by a seller's listing description.

11.2

If a buyer believes that a seller has breached their obligations under paragraph 12 of these Terms, in the first instance you should contact the seller to seek resolution of the matter.

11.3

11.4

After your report is received, Whoosh Gone will consider the circumstances of an alleged offence and the seller's trading record before taking action.

11.5

If your complaint cannot be proven with certainty, Whoosh Gone may take no action.

11.6

Due to privacy issues, it is not possible for Whoosh Gone to discuss the results of an investigation.

Regulations for sellers

12.1

Certain items will be prohibited from being sold or listed on our website including the sale of controversial or sensitive items and are not necessarily prohibited by law.

12.2

Such controversial or sensitive items will include, but will not be limited to, adults only items, drugs, embargoed goods, firearms and prescription drugs.

12.3

Sellers are not allowed to use html, JavaScript and links when listing their items. Misuse of intellectual property or misrepresentation of products listed for the purpose of attracting buyers (including, but not limited to, misleading descriptions, false endorsements and unsubstantiated claims) is strictly prohibited.

12.4

Sellers must:

12.4.1	charge reasonable postage and packaging costs;
12.4.2	specify postage and packaging costs and dispatch times in the listing;
12.4.3	follow through on their return policies;
12.4.4	respond to buyer's questions promptly;
12.4.5	make sure the item is delivered to the buyer as described in the listing.

Reviewing items

13.1	Reviewing items is important as it helps to enhance other members' experience of the service.
13.2	It also shows buyers how trust-worthy and reliable sellers are and gives the confidence to buy from them.
13.3	We request that you leave feedback after a purchase. It is easy to review items on our site due to our grade rating system.

Our fees

14.1	Joining Whoosh Gone is free and it is also free to bid on items.
14.2	We do not charge to list items on our site.
14.3	We will charge sellers 2.5% of the total sale cost (including postage and packaging) of each of their items. This amount will be deducted from the final sum sent to the seller by Whoosh Gone.
14.4	We will give you notice of any proposed changes to our fees via our newsletter.

Limitation of Liability

15.1

If we fail to comply with the Terms, we shall not be responsible for any losses that you suffer as a result except for losses that could be reasonably foreseen to result from a failure to comply with these Terms at the time we entered into the contract.

15.2

We shall not under any circumstances be liable you or to any other person for any direct or indirect or consequential losses or damage that that you or they may suffer or incur as a result of the acts or omissions of any person (other than our staff and authorised representatives) present at any event where we provide the Services.

15.3

Our total liability to you to you in respect of all losses arising under or in connection with this contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £500.00.

15.4

Nothing in this paragraph excludes or limits in any way our liability for:

15.4.1	death or personal injury caused by our negligence;
15.4.2	fraud or fraudulent misrepresentation; or
15.4.3	losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability.

Content

16.1

When you give us content, you grant us a non-exclusive, worldwide, irreovacble, royalty-free, sublicensable right to exercise any and all copyright, publicity, trade marks, database rights and 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.

Notices

17.1

All notices sent by you to us must be sent to Whoosh Gone Limited at Garden Cottage, Pantyderi, Blaenffos, Boncath, Pembrokeshire, SA37 0JB. Notice will be deemed received and properly served 24 hours after an email is sent or 2 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email, that the email was sent to the specified e-mail address of the addressee.

Data Protection

18.1	We will only use the personal information you provide to us to provide the Services, or to inform you about similar services which we provide, unless you tell us that you do not want to receive this information.

General

19.1	If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
19.2	If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
19.3	We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
19.4	A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
19.5	If you have a dispute with one or more users, you release us (and our officers, directors 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.
19.6	These Terms shall be governed by the laws of England and Wales and you and we both agree to the non-exclusive jurisdiction of the courts of England and Wales.

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