1. Introduction
This User Agreement, the Guardspend User Privacy Notice, the
Mobile Device Terms and all policies posted on our sites set out the terms on
which Guardspend offers you access to and use of our sites, services,
applications and tools (collectively ‘Services’). You can find an overview of
our policies here. All policies and the Mobile Device Terms are incorporated
into this User Agreement. You agree to comply with all of the above when
accessing or using our Services. For information regarding the processing of
personal data, please see our User Privacy Notice.
If you reside in the United Kingdom, you are entering into a
contract with Tomlin & Co Limited T/A Guardspend, Knighten Street, London
E1W 1PH, United Kingdom, VAT number GB 161425040
2. About Guardspend
Guardspend is a marketplace that allows users to offer, sell
and buy construction materials and services.
Guardspend does not have possession of anything listed or
sold through Guardspend, and is not involved in the actual transaction between
buyers and sellers. The contract for the sale is directly between buyer and
seller. Guardspend is not a party to the transaction and is not a traditional
auctioneer.
While we may provide pricing, postage, listing and other
guidance in our Services, such guidance is solely informational and you may
decide to follow it or not. Guardspend does not review users’ listings or
content. While we may help facilitate the resolution of disputes through
various programmes, Guardspend has no control over, and does not guarantee the
existence, quality, safety or legality of, items advertised; the truth or
accuracy of users’ content, listings or feedback; the ability of sellers to
sell items; the ability of buyers to pay for items; or that a buyer or seller
will actually complete a transaction or return an item.
3. Using Guardspend
In connection with using or accessing the Services you will
not:
post, list or upload content or items in inappropriate
categories or areas on our sites;
breach or circumvent any laws, third-party rights or our
systems or policies;
sell any counterfeit items or otherwise infringe the
copyright, trademark or other rights of third parties;
use our Services if you are not able to form legally binding
contracts (for example if you are under 18), or are temporarily or indefinitely
suspended from using our Services;
fail to pay for items purchased by you, unless you have a
valid reason as set out in an Guardspend policy, the seller has materially
changed the item’s description after you bid, a clear typographical error is
made, or you cannot contact the seller (see our Unpaid item policy);
fail to deliver items sold by you, unless you have a valid
reason as set out in an Guardspend policy, for example the buyer fails to
comply with the terms posted in your listing, or you cannot contact the buyer;
manipulate the price of any item or interfere with any other
user’s listings;
post false, inaccurate, misleading, defamatory, or libellous
content;
take any action that may undermine the Feedback or ratings
systems (please see our rules about Feedback);
transfer your Guardspend account (including Feedback) and
user ID to another party without our consent;
distribute or post spam, unsolicited or bulk electronic
communications, chain letters, or pyramid schemes;
use the contact information of other users for any purpose
other than in relation to a specific Guardspend transaction on the Guardspend
site (which includes using this information to send marketing materials directly
to Guardspend users unless the user has given explicit consent to receiving
these materials);
distribute viruses or any other technologies that may harm Guardspend,
or the interests or property of Guardspend users;
use any robot, spider, scraper or other automated means to
access our Services for any purpose;
bypass our robot exclusion headers, interfere with the
working of our Services, or impose an unreasonable or disproportionately large
load on our infrastructure;
export or re-export any Guardspend application or tools except
in compliance with the export control laws of any relevant jurisdictions and in
accordance with posted rules and restrictions;
infringe the copyright, trademark, patent, moral, database
or other intellectual property rights (collectively, “Intellectual
Property Rights”) that belong to or are licensed to Guardspend. Some, but
not all, actions that may be infringement are reproducing, performing,
displaying, distributing, copying, reverse engineering, decompiling,
disassembling, or preparing derivative works from content that belongs to Guardspend
or someone else;
infringe any Intellectual Property Rights that belong to
third parties affected by your use of the Services or post content that does
not belongs to you;
commercialise any Guardspend application or any information
or software associated with such application;
harvest or otherwise collect information about users, such
as email addresses, without their consent; or
circumvent any technical measures we use to provide the
Services.
If you are registering with Guardspend as a business entity
or on behalf of a business entity, you represent that you have the authority to
legally bind that entity. If you are trading as a business on Guardspend, you
must comply with all applicable laws relating to online trading for the site
you are selling on (please see Listing Conditions for more information on the
legal requirements for selling in the UK).
You agree that we will commence supplying our Services to
you as soon as you accept this User Agreement. You can cancel this User
Agreement under the Consumer Contracts (Information, Cancellation and
Additional Charges) Regulations 2013. Business users can cancel this User
Agreement by visiting this help page. We may recoup the cost of any Services
provided up to the point of cancellation.
If (1) we believe you are violating the policy on Offers to
buy or sell outside of Guardspend, you may be subject to a range of actions,
including limits on your buying and selling privileges, restrictions on
listings and account features, suspension of your account, application of fees
for the introduction of seller to buyer, and recovery of expenses for policy
monitoring and enforcement; and (2) you are a seller and you offer or reference
your contact information or ask for the buyer’s contact information in the context
of buying or selling outside of Guardspend, you will be liable for all final
value fees in consideration for the introduction to a buyer for that item on
the Guardspend site, even if the item does not sell.
We may cancel unconfirmed accounts or accounts that have
been inactive for a long time or modify or discontinue our Services.
Additionally, we reserve the right to vary or terminate all
or part of our Services and/or not provide all or part of our Services to
anyone for any reason and/or period of time, at our discretion.
4. Abusing Guardspend
Without limiting other remedies, we may limit, suspend, or
terminate your user account(s) and access to our Services, restrict or prohibit
access to, and your activities on, our Services, cancel bids, remove or demote
or otherwise restrict the visibility of listings, delay or remove hosted
content, remove any special status associated with the account, reduce or
eliminate any discounts, and take technical and legal steps to keep you from
using our Services if:
we think that you are creating problems or possible legal
liabilities for us, our users, suppliers or other third parties;
we think that such restrictions will improve the security of
the Guardspend community or reduce our or another Guardspend user’s exposure to
financial liabilities;
we think that you are infringing the rights of third
parties;
we think that you are acting inconsistently with the letter
or spirit of this User Agreement or our policies or abuse our employees or
users;
despite our reasonable endeavours, we are unable to verify
or authenticate any information you provide to us; or
you fail to make, or it is evident that you are unable to
make, full payment of any fees due for our Services by your payment due date.
When a buyer or seller issue arises we may consider the
user’s performance history and the specific circumstances in applying our
policies. We may choose to be more lenient with policy enforcement, and to do
the right thing for both buyers and sellers.
5. Fees
Private seller fees for using our Services are listed on our
Fees for private sellers page and business seller fees for using our Services
are listed on our Fees for business sellers page. We may change our fees, or
introduce new fees from time to time by posting the changes on the Guardspend
site or via the Messages section of My Guardspend 30 days in advance. You may
close your account without penalty within 30 days of such notice being given.
If you are a seller, you are liable for transaction fees
arising out of all sales made using some or all Guardspend Services, even if
sales terms are finalised or payment is made outside of Guardspend. In
addition, if you are a seller and you offer or reference your contact
information or ask for a buyer’s contact information, you may be liable to pay
a final value fee in consideration for the introduction to a buyer for that
item on the Guardspend site, even if the item does not actually sell.
You are required to have a valid payment method on file when
selling on Guardspend. If your payment method fails or your account is overdue,
we may collect fees owed by charging other payment methods on file and
retaining collection agencies or legal counsel.
You authorise Guardspend to automatically charge your chosen
payment method in accordance with this User Agreement and the applicable
billing agreement(s) you agree to when setting up or changing your payment
method, for future charges and fees incurred in relation to the Services. This
includes, but is not limited to, amounts owed for Guardspend fees, Guardspend
Money Back Guarantee reimbursements and postage labels. Guardspend will notify
you of these charges. If payments or amounts owed to Guardspend cannot be
completed through the payment method on file for any reason, you are still
required to pay Guardspend for all unpaid amounts and Guardspend reserves the
right to seek reimbursement through other means plus any additional costs
incurred by Guardspend in seeking reimbursement. You can change your payment
method in My Guardspend at any time.
Seller fees don’t purchase exclusive rights to item exposure
on Guardspend whether on a web page, mobile app, or otherwise. We may display
third party advertisements (including links and references thereto) or other
content in any part of our Services, at our sole discretion.
6. Listing Conditions
When listing an item, you agree to comply with the rules for
listing and selling practices policy and that:
you are responsible for the accuracy, content and legality
of the item listed and agree to list in accordance with the prohibited and
restricted items policy and all other relevant policies;
your listing may not be immediately searchable by keyword or
category for up to 24 hours. Guardspend does not guarantee exact listing
durations;
when you create fixed-price listings, these will renew
automatically every 30 days, based on the listing terms at that time, until the
quantities sell out or until you cancel the listing. Your fixed-price listings
will renew automatically once per calendar month until the quantities sell out
or until you cancel the listing. The exact day of the month that the renewal
takes place depends on the initial listing start date;
unless otherwise specified by law, you are responsible for
all taxes (including but not limited to the tax amount itself, as well as any
penalties, fines, charges, or late payment interest) related to your sales on
the Guardspend site, where applicable, and you agree to use the Services in
accordance with the Tax policy. To the extent possible under English law, you
shall pay to us as a debt on demand all costs incurred by us, including but not
limited to tax, penalties and interest, levied by any competent tax authority
due to your failure to provide a valid VAT registration number and/or your
failure to pay any such taxes, penalties or interest;
content that violates any of Guardspend’s policies may be
modified, obfuscated or deleted at Guardspend’s discretion;
in accordance with the listing with the Guardspend catalogue
policy, we may revise product data associated with listings to supplement,
remove, or correct information;
we strive to create a marketplace where buyers find what
they are looking for. Therefore, the appearance or placement of listings in
search and browse results will depend on a variety of factors, including, but
not limited to:
buyers’ location, search query, browsing site and history;
item’s location, listing format, price and shipping cost,
terms of service, end time, history, and relevance to the user query;
seller’s history, including listing practices, Detailed
Seller Ratings, Guardspend policy compliance, Feedback, and defect rate; and
number of listings matching the buyer’s query
to drive a positive user experience, a listing may not
appear in some search and browse results regardless of the sort order chosen by
the buyer;
some advanced listing upgrades may only be visible on
certain Guardspend Services;
listing upgrades may be paid-for benefits that can affect
the appearance or placement of listings in the search and browse results, for
example Promoted Listings;
Guardspend’s duplicate listings policy may also affect
whether your listing appears in search results;
meta-tags and URL links that are included in a listing will
be removed or altered so as to not affect third party search engine results;
we may provide you with optional recommendations to consider
when creating your listings. Such recommendations may be based on the
aggregated sales and performance history of similar sold and current listings;
results will vary for individual listings. To drive the recommendations
experience, you agree that we may display the sales and performance history of
your listings to other sellers;
Guardspend advertises the Services and provides other Guardspend
companies and third parties with access to your listings and content for this
purpose. This includes, for example, the display of listings and content of
users on price comparison sites or third party advertising placements;
Guardspend may make additional services available to buyers
such as warranty extensions and other insurance or assembly and installation
services. You are permitted to offer your own additional services (such as
guarantees or assembly and installation services) if you do so in accordance
with this User Agreement and applicable laws. You are responsible for
determining whether your additional services are compatible with any comparable
additional services offered by Guardspend or by any Guardspend partners.
7. Purchase Conditions
When buying an item, you agree to comply with the rules for
buyers and that:
you are responsible for reading the full item listing before
making a bid or commitment to buy;
you enter into a legally binding contract to purchase an
item when you commit to buy an item, or if you have the winning bid (or your
bid is otherwise accepted);
if you purchase an item on an Guardspend site other than Guardspend.com
you are subject to the User Agreement of that other Guardspend site solely with
respect to that particular purchase.
Buyer requested cancellations
Buyers can request to cancel an order on Guardspend within
one hour of their purchase and the seller will have 3 days to accept or decline
the request. If the seller declines the cancellation request, or already posted
the order, buyers will need to wait until they receive the item and then decide
if they want to start a return. Sellers can also cancel orders in certain
circumstances up to 30 days after the sale.
Buyer requested returns
Buyers can submit a return request for items purchased on Guardspend.
For returns that are eligible for Guardspend Money Back Guarantee, please see
the policy for details. If the return is not covered by Guardspend Money Back
Guarantee, buyers can still request the return and the seller has the right to
accept or decline the request in accordance with their return policy as stated
in the original listing.
8. International buying, selling and translation
Many of our Services are accessible internationally. We may
offer certain programs, tools, and site experiences of particular interest to
international sellers and buyers, such as estimated local currency conversion
and international shipping calculation tools. Sellers and buyers are
responsible for complying with all laws and regulations applicable to the
international sale, purchase, and shipment of items.
Your items may be listed on one or more of Guardspend’s
international sites in addition to Guardspend.com. You may stop your listings
from appearing on international sites by excluding international postage
locations from your listings. By selecting international postage you authorise Guardspend,
in its discretion, to display your listings on Guardspend sites other than the
original listing site but acknowledge that your listings may not appear on some
or all of these sites.
When you sell your items internationally or purchase an item
on an Guardspend site that is different from your registration site, you are
subject to the User Agreement and applicable policies of that other Guardspend
site with respect to that particular purchase, as detailed in the International
Selling Policy.
For sellers, you agree that we may display your listing for
sale on an Guardspend site other than the site where you listed your item for
sale, based on your shipping settings. You may adjust these settings as detailed
in the International Selling Policy. If you list your items with an
international shipping option, the appearance of your listings on sites other
than the listing site is not guaranteed. If you sell an item on an Guardspend
site that is different from your registration site, you are subject to the User
Agreement and applicable policies, including any buyer protection programs, of
that other Guardspend site with respect to that particular sale, as detailed in
the International Selling Policy.
You authorise us to use automated tools to translate your Guardspend
content and member to member communications, in whole or in part, into local
languages where such translation solutions are available. We may provide you
with tools which will enable you to translate content at your request. The
accuracy or availability of any translation is not guaranteed.
9. Content
When providing us with content (including causing content to
be posted using our Services), you grant us a non-exclusive, worldwide,
perpetual (or for the duration of any copyright or other rights in such
content), irrevocable, royalty-free, sublicensable (through multiple tiers)
right to use the content (including, without limitation, creating and using
derivative works). We may in particular use your content, including any
photographs you upload, for marketing and promotional purposes. This includes
(i) offering it to other sellers to use in their listings, and (ii) displaying
it to other Guardspend users as part of the browsing experience on Guardspend.
We will also be allowed to keep a copy of any content (including photographs)
you upload in our product catalogue for subsequent use for these purposes. You
authorise us to exercise any and all copyright, trademark, publicity, database
or other intellectual property rights you have in or to the content in any
media known now or developed in the future for these purposes. Further, to the
fullest extent permitted under applicable law, you waive your moral rights in
the content and promise not to assert such rights or any other intellectual
property rights you have in the content against us, our sublicensees or our
assignees.
We may offer catalogue and/or product data (including
images, descriptions and specifications) that are provided by third parties
(including Guardspend users). You may use that content solely in your Guardspend
listings during the time your listings are on Guardspend’s sites. That
permission is subject to modification or revocation at any time at Guardspend’s
sole discretion.
We try to offer reliable data, but cannot promise that the
content provided through the Services will always be available, accurate,
complete and up-to-date. You agree that Guardspend is not responsible for
examining or warranting the listings or content provided by third parties
through the Services, and that you will not hold or attempt to hold us or our
product data providers liable for inaccuracies. If you choose to use catalogue
content and/or product data in connection with your listings, you agree to
ensure that the content directly associated with your listings is and remains
accurate, and that you continue to fully comply with this User Agreement and
all Guardspend policies. The catalogue and product data include copyrighted,
trademarked and other proprietary materials. You agree not to remove any
copyright, proprietary or identification markings in the catalogue or product
data or create any derivative works based on that data (other than by including
the data in your listings).
The name “Guardspend” and other Guardspend marks,
logos, designs and phrases that we use in connection with our Services are
trademarks, service marks, or trade dress of Guardspend in the UK and other
countries. They may not be used unless expressly authorised by Guardspend in
writing.
10. Data protection and Privacy
You and Guardspend shall process personal data received under
and/or in connection with this User Agreement each as a separate and
independent controller. In no event will Guardspend and you process personal
data under and/or in connection with this User Agreement as joint controllers
or in a controller-to-processor relationship. As such separate and independent
controllers, you shall be individually and separately responsible for complying
with the obligations that apply to you as a controller under applicable data
protection laws.
You shall comply with your obligations under applicable data
protection laws (including but not limited to Regulation (EU) 2016/679 (EU
General Data Protection Regulation “GDPR”) and supplementing EU and
local data protection laws. This includes, but is not limited to, the obligation
to provide appropriate safeguards for the transfer of personal data to a third
country or an international organisation.
You shall process personal data received from Guardspend
exclusively for the purpose(s) you received the personal data under and/or in
connection with this User Agreement. You shall erase the personal data received
under this User Agreement immediately after the respective purpose(s) has/have
been fulfilled. Any further processing of the personal data is not permitted
except when legally required (e.g. if a retention obligation applies).
Failure to abide by the aforementioned obligations may
result in disciplinary action up to and including account suspension.
As part of the Services, Guardspend has access to various
information about users, including personal data. This includes information
that users submit to Guardspend as part of the Services (such as contact
information or item descriptions) as well as information that is generated by
the provision and processing of the Services (such as ratings, sales analysis or
communication).
Via My Guardspend and, upon request, via selling tools, you
receive information which is necessary for the processing of transactions (in
particular, the contact information of the other user involved in a
transaction) as well as aggregated information on the performance and analysis
of your listings, which are partly related to the data of other users of the
Services (such as number of impressions of a listing, conversion rate or return
rate).
Guardspend only shares information about users with third
parties if this is necessary for the provision of the Services or if Guardspend
is legally or contractually entitled to do so.
Upon expiry of this User Agreement, we will delete the
information you provided, or which was generated through your use of the Services
from your Guardspend account. Regardless, we maintain this information after
the expiry of the User Agreement if we are legally obliged or have a legitimate
interest to do so. We will generally maintain aggregated data generated using
the Services (e.g. statistics about sales in a category) upon expiry of the
User Agreement.
For information regarding the processing of personal data by
Guardspend, including sharing such data with third parties and your rights as a
data subject, please see our User Privacy Notice.
11. Restricting Funds
Where PayPal is managing your payments and you are not using
managed payments (as described in Section 13), to protect against the risk of
liability, Guardspend may recommend that PayPal restrict access to funds in a
seller’s PayPal account based on certain factors. These factors include, but
are not limited to, selling history, seller performance, returns, riskiness of
the listing category, transaction value or the filing of a case. This may
result in PayPal determining to restrict funds in your PayPal account.
In connection with managed payments, we may also restrict
user access to funds based on the factors described in the Payments Terms of
Use.
12. Additional Terms
Terms of Returns for the Seller
Sellers can create rules to automate returns and refunds
under certain circumstances. Also Guardspend may set a default rule that
automates the return process for some or all listings where returns are
accepted. Sellers may remove or customise their returns preferences in their
account settings within My Guardspend. Where returns have been set to
automatically accept requests, an Guardspend-generated return postage label
will be provided to your buyer. You agree to comply with our returns policies.
When an item is returned, to refund the buyer, (and provided
the transaction was not processed via managed payments), you authorise Guardspend
to request PayPal to reverse the refund amount (in the same or other currency)
from your PayPal account, or alternatively place the amount on your seller
invoice as a fee (which may be charged to your automatic payment method on
file). If the buyer returns an item because it does not match the listing
description, sellers will usually be responsible for return postage costs.
The cost of return shipping for an item that is not as
described is the seller’s responsibility.
You authorise Guardspend to include return postage charges
and auto-refunds on your seller invoice, which may be charged to your automatic
payment method on file, when:
an Guardspend-generated return postage label is used, and
the seller is responsible for its cost;
returns and refunds have been automated; and/or
you fail to send your buyer a return postage label and
instead an Guardspend-generated label is used.
When a transaction is cancelled (and provided the
transaction was not processed via managed payments), and you choose to refund
the buyer via Guardspend, you authorise Guardspend to request PayPal to reverse
the refund amount (in the same or other currency) from the seller’s PayPal
account, to the buyer. See our cancelling a transaction policy for more
details.
Guardspend Money Back Guarantee
Most Guardspend sales go smoothly, but if there’s a problem
with a purchase, the Guardspend Money Back Guarantee helps buyers and sellers
communicate and resolve issues. The Guardspend Money Back Guarantee policy is
part of this User Agreement and is incorporated by reference. You agree to
comply with the policy and permit us to make a final decision on any case.
Under the Guardspend Money Back Guarantee, if a seller
chooses or is required to reimburse the buyer or Guardspend because a case is
resolved in the buyer’s favour, we may:
for transactions processed via managed payments, request the
Guardspend entity which processed the payment to reimburse the buyer on your
behalf pursuant to the Guardspend Money Back Guarantee policy. In the event
that the funds held on the seller’s behalf are insufficient for refunding the
buyer based on a successful Guardspend Money Back Guarantee claim, the seller
is obliged to reimburse us for the amounts owed to the buyer. The sellers
authorises us to recoup these amounts from the seller on our behalf in
accordance with Guardspend’s policies and procedures (including any amounts
resulting from International Transactions as stipulated in the Guardspend Money
Back Guarantee policy).
for transactions which are not processed via managed
payments, remove funds from the seller’s PayPal account to reimburse the buyer
for the cost of the item, the original postage cost and, where applicable, the
return postage cost, in accordance with the seller’s authorisation provided to
us under this User Agreement; or where there are insufficient funds in the
seller’s PayPal account, directly refund the buyer for the cost of the item,
the original postage cost and, where applicable, the return postage cost, and,
in this case, the seller must reimburse us in full, and in a timely manner, for
an amount equivalent to the sum we paid to the buyer.
Where the seller is found at fault, we will notify the
seller and charge the reimbursement amount to the seller’s chosen payment
method, or invoice the seller for the reimbursement amount.
Sellers must have a payment method on file with Guardspend.
Sellers may change this payment method by contacting Guardspend. For this
purpose, you, in the capacity of a seller authorise and instruct us to::
where the transaction was processed via managed payments,
collect or reverse variable amounts from your account to carry out a buyer
reimbursement; or, where the transaction was not processed via managed
payments, request PayPal to collect or reverse variable amounts from your
PayPal account to carry out a buyer reimbursement in the transaction currency
or in other currency holdings (representing payments related to eligible
claims) where you do not have sufficient funds available in the transaction currency;
where the transaction was not processed via managed
payments, request PayPal to restrict your access to funds (the restriction will
apply up to a sum equivalent to the cost of the item and original postage costs
paid by the buyer) in your PayPal account at any point during the resolution
process. (This may result in PayPal determining to restrict funds in your
PayPal account in order to manage PayPal’s risk exposure pursuant to PayPal
policies. See Restricting funds.);
charge the payment method you select to recover the amount
we pay to the buyer (in cases where we refund the buyer directly); and
place the reimbursement amount on the seller invoice,
including but not limited to the cost of return postage labels.
You acknowledge and agree that your authorisations above
will be made on a recurring basis and on various dates as required by us to
implement the terms of the Guardspend Money Back Guarantee policy. For future
claims, where we resolve a dispute in the buyer’s favour, we will notify the
seller and continue to charge the seller’s preferred payment method. If sellers
do not provide Guardspend with a valid reimbursement method, we may collect the
outstanding sums using other collection mechanisms, including retaining
collection agencies. We may suspend the Guardspend Money Back Guarantee policy
without notice if we suspect abuse or interference with the proper working of
the policy.
Correcting mistakes in payments to buyers and sellers
We reserve the right to fix any processing errors we
discover. We will correct any processing errors by debiting or crediting the
payment method used for the Guardspend Money Back Guarantee refund or
reimbursement.
Global Shipping Programme
One of the ways that we may make Guardspend.com listings
available to international buyers on Guardspend.com and on our international
sites is through the Global Shipping Programme. For items that are located in
the UK and that are purchased from you by an international buyer in a country
eligible for the Global Shipping Programme, you will post the item to a
shipping centre located in the UK. A third party global technology and shipping
provider will oversee the processing, customs clearance and international
postage of the item to your buyer. For items that are purchased by international
buyers through the Global Shipping Programme, buyers will pre-pay any
applicable postage and import charges during checkout and will benefit from
international tracking of the item from the shipping centre to delivery.
We may choose to make your listings available to
international buyers through the Global Shipping Programme unless you opt out
of the programme at either an account, country or listing level.
By not opting out of the programme, you will also be
acknowledging that you have read and agreed to the Global Shipping Programme
Seller Terms and Conditions and that they will apply to you as a seller and to
all of your eligible new and existing listings. These terms include, among
other important provisions:
a third party agreement for the parcel processing, customs
clearance (for non-EU shipments), and international postage and tracking
services, including your consent to the disclosure of certain personal
information to third parties in connection with those services;
an authorisation for third parties to act in your place to
facilitate the export clearance of items that you sell through the Global
Shipping Programme outside the EU;
an acknowledgment that you agree and are responsible for
ensuring that your listings and items are compliant with applicable overseas
laws and regulations;
a description of the items that are ineligible for the
programme and restrictions on the value, weights and dimensions of items that
may be sold through the programme;
a list of countries that are eligible for the programme; and
policies governing the handling of lost, damaged and
undeliverable items (including their possible disposal), returns, and the
resolution of Guardspend Money Back Guarantee claims for items that you sell
through the programme.
Delivery Options
We may add certain delivery options to your listings in
order to help improve buyer experience. For items that are eligible, we may
choose to make Guardspend Click & Collect available as a delivery option on
your listings on Guardspend.com unless you opt out at either an account or
listing level.
By not opting out, you acknowledge that you have read and
agree to the Terms and conditions for Click & Collect and that these terms
will apply to the relevant listings. Those terms include, among other important
provisions:
a description of the items that are ineligible and
restrictions on the value, weights and dimensions of items that may qualify for
Guardspend Click & Collect as a delivery option; and
consequences of an item being undeliverable or
unidentifiable, including an authorisation from you to dispose of, sell or
donate the item to charity.
13. Managed Payments
Guardspend has launched a managed payments service, where a
designated Guardspend entity (each, a “payments entity”) manages
payments on behalf of sellers (such management described as “managed
payments” or similar). The use of managed payments is a prerequisite for
using the Services as a seller, where managed payments is available. Many Guardspend
sellers have already been enabled for managed payments. Guardspend will
continue to move more seller accounts to managed payments, providing notice to
the affected sellers as they are scheduled to be moved.
If your seller account qualifies for managed payments, Guardspend
may send you an email requesting you to complete managed payments registration
by a specific date. If you do not complete registration by the date specified, Guardspend
reserves the right to limit access to our Services, including but not limited
to, your ability to list, restricting changes to existing listings, or ending
listings.
The complete terms governing sellers’ use of managed
payments are available in the Payments Terms of Use, incorporated herein. You
agree to the Payments Terms of Use to the extent applicable to you, whether or
not your account has been enabled for managed payments.
The contract for sale underlying the purchase of goods is
directly concluded between seller and the buyer in the same manner as for
transactions for which the payments entity does not manage payments.
If you are a buyer completing a purchase from a seller that
is using managed payments:
You may pay for such items using those payment methods that
the payments entity makes available, and the payments entity will manage
settlement to sellers. By completing purchases from sellers who use managed
payments, buyers authorise the payments entity to initiate payments using the
buyers’ selected payment method and collect the transaction amounts on behalf
of sellers. Buyers agree and understand that payments received by the
applicable payments entity from buyers satisfy buyers’ obligations to pay
sellers in the amount of payments received.
In certain instances, your transaction may be declined,
frozen, or held for any reason including for suspected fraud, AML compliance,
compliance with economic or trade sanctions, in connection with Guardspend’s
internal risk controls or due to potential violations of any policy of Guardspend
or the payments entity, or a policy of one of the payments entity’s third party
payments services providers.
Guardspend, the payments entity or its affiliates may save
payment information, such as credit card or debit card numbers, and card
expiration dates, entered by you on Guardspend Services when you make a
purchase, redeem a coupon, or make any other transaction on Guardspend Services
where card information is entered. Such stored payment information may be used
as your default payment method for future transactions on Guardspend Services.
At any time, you can update your card information or enter new card
information, at which point the new card information shall be stored as your
default payment method. You may make changes to your default payment method
through the Personal Information section under the Account tab in My Guardspend.
You are responsible for maintaining the accuracy of information we have on
file, and you consent to Guardspend updating such stored information from time
to time based on information provided by you, your bank or other payments
services providers. You will only provide information about payment methods
that you are authorized to use.
You may seek returns or cancellations on Guardspend
Services, or file Guardspend Money Back Guarantee claims on Guardspend
Services, in the same manner as you do for transactions for which the payments
entity does not manage payments. The payments entity refunds amounts paid for
successful Guardspend Money Back Guarantee claims and returned or cancelled
transactions in cases where the original payment was managed by the payments
entity. Refund timing may vary in accordance with the rules of third parties,
such as credit and debit card networks.
You agree to comply with, and not cause a third party to
violate, all applicable laws, regulations, rules and terms and conditions in
connection with the use of managed payments. You understand that some third
parties, such as credit and debit card issuers, credit and debit card networks
and payments services providers, may have their own terms and conditions for
the payment or settlement methods you choose to use in connection with managed
payments transactions. Failure to abide by third party terms and conditions may
result in fees assessed to you (for example, currency conversion fees from your
credit card issuer if the transaction currency is different from your credit
card currency) or other actions taken by such third parties, and you agree that
the payments entity has no control over, or responsibility or liability for,
such fees or actions.
14. Liability
We try to keep Guardspend and its Services safe, secure, and
functioning properly, but we cannot guarantee the continuous operation of or
access to our Services. Bid update and other notification functionality in Guardspend’s
Services may not occur in real time. Such functionality is subject to delays
beyond Guardspend’s control.
We (including our parent, subsidiaries, affiliates,
directors, agents and employees) shall not be liable to you in contract, tort
(including negligence) or otherwise for any business losses, such as loss of
data, profits, revenue, business, opportunity, goodwill, reputation or business
interruption or for any losses which are not reasonably foreseeable by us
arising, directly or indirectly from:
your use of or your inability to use our Services;
pricing, postage or other guidance provided by Guardspend;
delays or disruptions in our Services;
viruses or other malicious software obtained by accessing,
or linking to, our Services;
glitches, bugs, errors, or inaccuracies of any kind in our
Services;
damage to your hardware device from the use of any Guardspend
Service;
the content, actions, or inactions of third parties,
including items listed using our Services or the destruction of allegedly fake
items;
a suspension or other action taken with respect to your
account or breach of the Abusing Guardspend section;
the duration or manner in which your listings appear in
search results as set out in the Listing conditions section; or
your need to modify practices, content, or behaviour or your
loss of or inability to do business, as a result of changes to this User
Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties
or exclusion of damages, so such disclaimers and exclusions may not apply to
you. This is especially so if you are a consumer.
You accept sole responsibility for the legality of your
actions under laws applying to you and the legality of any items you list on
any of our sites.
Although we use techniques that aim to verify the accuracy
and truth of the information provided by our users, user verification on the
internet is difficult. Guardspend cannot and does not confirm, and is not
responsible for ensuring, the accuracy or truthfulness of users’ purported
identities or the validity of the information which they provide to us or post
on our sites.
Regardless of the previous paragraphs, if we are found to be
liable, our liability to you or to any third party is limited to the greater of
(a) any amounts due under the Guardspend Money Back Guarantee up to the price
the item sold for on Guardspend and its original postage costs, (b) the amount
of fees in dispute not to exceed the total fees which you paid to us in the 12
months prior to the action giving rise to the liability, or (c) £100.
Nothing in this User Agreement shall limit or exclude our
liability for fraudulent misrepresentation, for death or personal injury
resulting from our negligence or the negligence of our agents or employees, or
for any other liability that cannot be limited or excluded by law.
15. Compensation
You will compensate us in full (and our officers, directors,
agents, subsidiaries, joint ventures and employees) for any losses or costs,
including reasonable legal fees, we incur arising out of any breach by you of
this User Agreement, your improper use of Guardspend’s Services or your breach
of any law or the rights of a third party.
16. Legal Disputes
If a dispute arises between you and Guardspend, we strongly
encourage you to first contact us directly to seek a resolution by contacting
Customer Support. Guardspend Customer Service is available free of charge for
every user to submit complaints and other inquiries. We will consider
reasonable requests to resolve the dispute through alternative dispute
resolution procedures, such as mediation or arbitration, as alternatives to
litigation. Any claim, dispute or matter arising under or in connection with
this User Agreement shall be governed and construed in all respects by the laws
of England and Wales. You and Guardspend both agree to submit to the
non-exclusive jurisdiction of the English courts.
In simple terms, “non-exclusive jurisdiction of the
English courts” means that if you were able to bring a claim arising from
or in connection with this User Agreement against us in court, an acceptable
court would be a court located in England, but you may also elect to bring a
claim in the court of another country instead. English law will apply in all
cases.
17. General
If any provision of this User Agreement is held to be
invalid, void or for any reason unenforceable, such provision shall be struck
out and shall not affect the validity and enforceability of the remaining provisions.
You agree that we may at any time and without notice set-off
any of the amounts held in Guardspend user accounts held or controlled by you
with any fees, charges or other amounts you owe us and (unless prevented by
insolvency law) any such amounts you owe other members of the Guardspend group
(including, without limitation, in respect of any services provided by any
member of the Guardspend group). Our right to set-off means that we may deduct
such fees, charges or other amounts mentioned in this paragraph from an Guardspend
credit balance held or controlled by you.
We may assign our rights and obligations under this User
Agreement in accordance with the below (but without your prior express
consent), provided that we assign the User Agreement on the same terms or terms
that are no less advantageous to you.
Headings are for reference purposes only and do not limit
the scope or extent of such section. Our failure to act with respect to a
breach by you or others does not waive our right to act with respect to
subsequent or similar breaches. We do not guarantee we will take action against
all breaches of this User Agreement.
If you have a dispute with one or more users, you release us
(and our affiliates and subsidiaries, and our and their respective officers,
directors, employees and agents) 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.
We may amend this User Agreement at any time by email, or
via the Messages section of My Guardspend or by posting the amended terms on
www.Guardspend.com. All amended terms shall automatically be effective 30 days
after they are initially posted. Your continued use of our Services after the
effective date of these amended terms constitutes your acceptance of them.
This User Agreement may not be otherwise amended except
through mutual agreement by you and an Guardspend representative authorised to
do so.
The policies posted on our sites may be changed from time to
time. Changes take effect when we post them on the Guardspend site.
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this User
Agreement. A person who is not a party to this User Agreement has no right
under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of
this User Agreement but this does not affect any right or remedy of a third
party specified in this User Agreement or which exists or is available apart
from that Act.