Terms and conditions of use of www.flog.co.uk
1. Introduction
This page (together with the documents referred to in it) explains how you may use our website "http://www.flog.co.uk" (the "Site"). Please read this page carefully before you start to use this Site. By using our Site, you indicate that you accept these terms (the "Terms") and agree to abide by them. If you do not agree to these Terms, please do not use our Site.
2. Information about us
This Site is operated by Easycover.com Limited. We are registered in England and Wales under company number 3984330 and have our registered office at The Old Bank, 247 Chapel Street, Salford, Lancashire M3 5EP. Our VAT number is 917214929.
This Site is directed at users resident in the UK only. It is not directed at any person in any country where the publication or availability of the Site is prohibited. We do not represent that either the Site or its content are appropriate for use or are permitted by the laws of all countries. If you are resident in a country outside of the UK you use this Site at your own risk.
3. Material on the Site
This Site contains materials (including but not limited to advertisements) submitted and created by third parties ("Third Party Content"). All advertisements published on this Site are subject to the Seller and Buyer terms and conditions. In respect of Third Party Content, you acknowledge and agree that we do not accept any responsibility for the accuracy of such Third Party Content (nor is any warranty expressed or implied by publication of such Third Party Content on this Site). All Third Party Content, is published in good faith but we do not (to the extent permitted by applicable law) accept any responsibility for the accuracy, reliability, timeliness, or otherwise of such Third Party Content (whether published on or offline) or for the use of such Third Party Content. We specifically disclaim and exclude all liability to any person for any loss or damage of any nature whatsoever arising from any error, omission or inaccuracy of any Third Party Content.
All materials other than Third Party Content, (including all sound and audio recordings) and other content (together the "Content") contained in this Site are the property of Easycover.com Limited, its affiliates and/or licensors. The Content may not be used except as provided for in these Terms, without the written permission of Easycover.com Limited, its affiliates or such third party licensors.
4. Accessing our Site
Access to our Site is permitted on a temporary basis and we reserve the right to withdraw or amend 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.
From time to time, we may have to restrict access to some parts of our Site, or our entire Site.
You must make all arrangements necessary to allow access to our Site. You must also ensure that all persons who access our Site through your internet connection are aware of these Terms, and that they comply with them.
5. Information about you and your visits to our Site
We process information about you in accordance with our Privacy Policy By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.
6.Intellectual property rights
We (or the party credited as the poster of the information) own or license the intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright and other intellectual property right laws and treaties around the world. All such rights are reserved. All product and company names and logos mentioned in the Site are the trade marks or trading names of their respective owners, including us. You may not modify, copy, reproduce, republish, display, circulate, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the Site without our prior written consent.
You may print off one copy, and may download extracts, of any page(s) from our Site for the purpose of private and personal non-commercial use only.
You must not use any part of the materials on our Site for commercial purposes without obtaining a license to do so from us or our licensors.
If you breach these Terms, 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.
7. Material submitted by you and your creative materials
By submitting material to us, you automatically grant us a perpetual, world-wide, royalty-free, irrevocable right and licence to use such material in any way we deem fit. By submitting an advertisement to us you automatically agree to be bound by the Seller and Buyer terms and conditions.
It is our policy not to accept or consider creative materials, ideas or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. If you transmit to us by electronic mail or otherwise, any communication or material, you will be deemed to have granted us and our affiliates a perpetual, world-wide, royalty-free, irrevocable licence to use such communications or material in any way we deem fit, including granting sub-licences to third parties. We and our affiliates are free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
8. Privacy policy and security
We will process your personal data in accordance with our Privacy Policy You are solely responsible for all use of and for protecting the confidentiality of any username used by you in connection with the Site. You may not share these with any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding the site that comes to your attention.
9. Our Site changes regularly
We aim to update our Site regularly, and may change the content at any time. Accordingly, we recommend that you check this page periodically in order to review our current policies.
10. Our liability
The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy and it is your responsibility to verify such accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect and/or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
The information contained on our site may contain technical inaccuracies and errors.
You are advised to check the information on our site carefully before entering into any agreements with third parties.
11. Acceptable use standards
Prohibited uses
You may use our Site only for lawful purposes. You may not use our Site:
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below).
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree not to access without authority, interfere with, damage or disrupt:
- any part of our Site;
- any equipment or network on which our Site is stored;
- any software used in the provision of our Site; or
- any equipment or network or software owned or used by any third party.
Content standards
These content standards apply to any and all material which you contribute to our site ('Contributions'), and to any interactive services associated with it.
You must comply with the spirit of the following standards. The standards apply to each part of any Contribution as well as to its whole.
Contributions must:
Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
- Suspension and termination
We will determine whether there has been a breach of these acceptable use standards and we may take such action as we deem appropriate. Failure to comply with these acceptable use standards constitutes a material breach of these Terms and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our Site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- Such other actions we deem appropriate.
- We exclude liability for actions taken in response to breaches of these acceptable use standards.
12. Linking to our Site
You may link to our Site only where you have first sought our prior written approval, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. In any event, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
13. Links from our Site
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
14. Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site. These terms of use are governed by English law.
15. Variations
We may revise these Terms 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.
16. Your Concerns
If you have any concerns about material which appears on our Site, please email us enquiries@flog.co.uk
Seller and Buyer terms and conditions
Flog.co.uk is free to use for members of the public and there is no need to register or pay fees or commissions.
Flog takes your privacy very seriously. You can view our Privacy Policy here.
The placing of an advert or a request to enquire about a listed item amounts to an acceptance of these terms and conditions to the exclusion of any other terms and conditions.
If you are selling
In order to place an advert, simply follow the instructions on our Create Advert link.
You warrant that in relation to an advert posted by you:
- You are properly authorised to place the advert;
- The advert will not breach any legislation, regulation or contract and will not render us liable to any proceedings whatsoever; and
- The advert is legal, decent and truthful and complies with all relevant codes of practice.
Once you have created an advert, the advert will go live instantly and will stay on Flog.co.uk for a maximum of 60 days. We shall have no liability to you if the advert does not remain on our website for the full 60 days.
You are free to post pictures and/or descriptions of items you are selling or swapping within reason. You are solely responsible for adverts you place on our website and we shall have no responsibility for what you post.
We do not support ticket touts and tickets for sporting or music events, where sold at a price above the face value of the ticket must state the face value. It is illegal to resell tickets to professional football matches in England and Wales and you should contact the relevant professional association for details on available exchange options.
We recommend that:
- You do not send any items by post;
- You do not send any items before receiving payment (if applicable);
- You should not accept cheques as payment or part payment for items; and
- You should never provide your personal or banking information to buyers.
You agree to indemnify us and keep us indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever incurred by us arising directly or which is reasonably foreseeable as a result of any breach or non-performance by the seller of any of the representations, warranties or other terms herein contained or implied by law.
You may remove an advert for our website by using the Edit Advert facility on the site
If you are buying
If you would like to be connected to a seller, please click on the Enquire by Email link which is displayed under each item for sale. We give the postcode and distance you are from the seller and you then simply contact the seller by email or phone for more information.
When acquiring an item, we recommend that:
- You always speak to the seller prior to arranging a meeting;
- You do not send cheques or pay by money transfer sites such as paypal as we believe that these mediums are favoured by fraudsters;
- You only buy items from sellers in your area;
- You go and see/try items yourself;
- You avoid taking lots of cash when meeting up with a seller; and
- You never travel alone.
- We do not accept any liability for misleading descriptions and you acknowledge that adverts may contain technical inaccuracies and typographical errors.
General
We shall have no involvement or responsibility for the transaction between sellers and buyers and we can give no guarantees as to the accuracy of the information on our website.
We give no guarantees as to the trustworthiness of any buyers or sellers and we strongly recommend that you take all steps necessary to protect yourself. You should use common sense when it comes to your personal safety, especially when arranging to meet up with a stranger. You acknowledge that you should gather as much information as possible in order to allow you to make an informed choice as to whether to meet up with the buyer or the seller. If you are planning to meet the buyer or seller at your home or place of work, you should ensure that you take someone with you. If practical, you should arrange to meet the buyer or seller in a public place such as a supermarket car park or at a shopping centre. You acknowledge that you will have no right of action against us in respect of anything that occurs as a result of you contacting the seller or the buyer.
You acknowledge that you will not misrepresent your identity, you are over the age of 18 and you have provided valid and complete contact information.
We specifically disclaim all and any liability to a seller, a buyer and users of our website (other than death or personal injury caused by our negligence or breach of statutory duty) for loss or damage of any nature whatsoever and however arising, whether due to inaccuracy, error, omission or any other cause. Save in the case of death or personal injury caused by our negligence or breach of statutory duty, under no circumstances shall we be liable to the seller or the buyer or any other party for any special, incidental, indirect or consequential damages of any kind, including, without limitation, those resulting from loss of sales, loss of goodwill, loss of profits, whether or not we were advised of the possibility of such losses.
We take no responsibility for what happens via our website (although we do try to control our content). You acknowledge that you will use our website for the proper purposes it was intended i.e. to list and view items you are hoping to flog or buy and for no other illegal or immoral purpose.
We reserve the right to withdraw any adverts we feel are inappropriate, misleading, damaging or contravene these terms and conditions, with or without notice.
No variation of these terms and conditions shall be binding unless agreed in writing.
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our website. These terms and conditions are governed by English law.
We may revise these terms and conditions 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 and conditions may also be superseded by provisions or notices published elsewhere on our website.
If you have any concerns about these terms and conditions please email us enquiries@flog.co.uk
