Terms of Service

VGA Marketplace

1. Introduction

By using Visit Great Ayton Marketplace ("VGA Marketplace" or "Site") or other features, services or applications offered by Visit Great Ayton (collectively, the "Service"), you (hereafter “User” or “you” or "your") agree to be bound by these Terms of Service (the "Terms").

If you don’t agree with these Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Service. If you use the Service in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

The Service is operated by Studio Botez Ltd. ("We" or "us" or "our"). We are registered in England and Wales under company number 09767330.

We are constantly trying to improve our Service, so these Terms may need to change along with the Service. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the website, by sending you an email, and/or by some other means.

 2. Access to the Service

The Service access is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the Site and mobile applications without notice. We will not be liable if for any reason any of the Service are unavailable at any time or for any period.

From time to time, we may restrict access to the Service, to users who have registered with us. Any personal data and other information provided by you is processed by us in accordance with our Privacy Policy. It is your responsibility to ensure that all information (including your name, email and address) you upload to the Site, is correct and accurate.

 3. Our Role

We allow third party sellers to list and sell their products on the Site. In each such case this is indicated on the respective product detail page. While we act as a platform provider and help facilitate transactions that are carried out on the Service, we are neither the buyer nor the seller of the seller's items. We provide a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between buyer and seller.

We are not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller's agent. The seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller.

4. Buying from VGA Marketplace

You may need your own online account to access certain features of the Service (e.g. order history, reviews), and you may be required to be logged into the account and have a valid email address associated with it.

4.1. Your Customer Account

If you use the Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided.

You can access your information in the Your Account section of the Site. 

You must not use the Service: (a) in any way that causes, or is likely to cause, or any access to it to be interrupted, damaged or impaired in any way, or (b) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (c) to cause annoyance, inconvenience or anxiety.

We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Terms or any other applicable terms and conditions, guidelines or policies.

4.2. Your content

Any customer reviews, comments, customer questions or answers, or other content generated by you for display on the Site (including any images, video or audio, all together "content", you grant us (a) a non-exclusive, royalty-free licence to use, reproduce, publish, make available, translate and modify such content throughout the world (including the right to sublicense these rights to third parties) and (b) the right to use the name that you submit in connection with such content. No moral rights are transferred by this provision.

You may delete your content from public view or, where such functionality is offered.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).

You agree to indemnify us for all claims brought by a third party against the Service arising out of or in connection with the content and material you supply.

4.3. Orders & Delivery

No order shall be deemed to be accepted by the Seller until we issue an email acknowledgement of order. The contract between you and a Seller will relate only to those goods and/or services notified in the email acknowledgement of order.

You acknowledge that these Terms, and/or any transaction made by you using the Service, do not create or imply any partnership, joint venture or trust relationship between us, you and/or the Seller. The Seller further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us. All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the destination to choose to have the item delivered.

You consent to receive sales invoices electronically. Electronic invoices will be made available in the My Account area of the Site. 

Your shopping basket on the Site displays the goods you have chosen, the Seller who shall provide them and details of postage and packing. The delivery costs for each Seller vary according to the delivery methods they offer. Any delivery times quoted are in working days.

4.4. Returns

If you wish to discuss or arrange a return, exchange or refund of any non-cancellable or non-refundable item purchased through the Site please contact the Seller directly on the Site or fill in the cancellation form available in My Account area of the Site. Any returns or refunds shall be made by the Seller.

4.5. Links to other websites

The Site provides links to other websites for your information. If you use these links, you leave the Site. We have not reviewed these third party websites and we have no control over such websites or resources. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them including the group gifting application which is provided by a third party.

5. Selling on VGA Marketplace

You will have to create an online account with us to sell products or services (as a "Seller") on VGA Marketplace.

5.1. Your Seller Account

If you create a seller account with us you certify that you are at least 18 years old.

If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, or infringes someone’s intellectual property rights, or otherwise violates these Terms. Also, you are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided.

If you use the Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. 

You are solely responsible for any activity on your seller's account. If you are sharing an account with other people, then the person whose main contact information is on the account will ultimately be responsible for all activity.

If you are registering as a business entity, you personally guarantee that you have the authority to agree to these Terms on behalf of the business. Business checks may be required for security and compliance purposes.

Your seller account is not transferable.

5.2. Seller Content

Content that you post using our Service is your content (hereafter “Seller Content”). That includes anything you post using our Service (such as shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.). You understand that you are solely responsible for Seller Content. You represent that you have all necessary rights to Seller Content and that you are not infringing or violating any third party’s rights by posting it.

By posting Seller Content through our Service, you grant us a license to use it. We don’t claim any ownership to Seller Content, but we have your permission to use it to help our Service function and grow. That way, we won’t infringe any rights you have in Seller Content and we can help promote your stuff.

You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of these Terms. You also agree not to post any content that is false and misleading or uses the Service in a manner that is fraudulent or deceptive.

You agree to indemnify us for all claims brought by a third party against the Service arising out of or in connection with the content and material you supply.

5.3. The right of transaction refusal

We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.

6. Warranties

We will do our best to ensure that availability of the Service will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Service may also be occasionally suspended or restricted to allow for upgrades, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

We will not be responsible for (a) losses that were not caused by any breach on our part, or (b) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (c) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Service.

Nothing in these Terms limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.

7. Limitation of Liability

We shall not, under any circumstances, be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the site or the service, whether such damages are based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not we have been advised of the possibility of such damages. Under no circumstances shall we be liable to you for any amount. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

8. Copyright

You may not extract and/or re-utilise parts of the content of any of our Service without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of our Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of our Service without our express written consent.

All content included in or made available through our Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Studio Botez Ltd. or its content suppliers and protected by United Kingdom and international copyright laws. The compilation of all content included in or made available through our Service is the exclusive property of Studio Botez Ltd. and protected by United Kingdom and international copyright laws. All software used on our Service is the property of Studio Botez Ltd. or its software suppliers and protected by United Kingdom and international copyright laws.

9. Applicable Law

These Terms are governed by and construed in accordance with the English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.

10. Feedback or Queries

If you have any feedback, concerns or queries, then we would be delighted to be able to help you. Simply contact us by one of the following options and we shall endeavour to resolve your query as swiftly and efficiently as possible:

In addition to these Terms, we have a Terms and Conditions section relating to the usage of our website. Any changes we may make to these Terms in the future will be posted on this page and, where appropriate, notified to you by email.

 

Last updated: 10th July 2018