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09 Mar. 2010

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Terms and Conditions

	General Terms and Conditions (Registration) This web-site is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining. If you spot a listing that you feel is violating the general terms and conditions of this web-site as stated below please let us know by contacting us. Rights To Suspend or Terminate. You agree that this web-site, in its own discretion, may terminate any auction or use of the service immediately and without notice if (a) We believe that you are not abiding by the general rules of this web-site (b) You have repeatedly broken a certain term (c) You have listed a suspicious item (d) We believe you to be a non paying bidder. In most cases when we suspect foul play we will suspend your account/listing whilst we investigate further. If our investigation is conclusive then your account with us will be terminated. Your Conduct. You are solely responsible for the contents of your actions through this web-site. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation. You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation. Membership. Membership to this web-site is only available to those you can form a legally binding contract. This web-site does not permit minors (under 16) to register. If any member fails to signup with their correct age the account will be terminated immediately. General Terms. This site acts as the window for sellers to conduct auctions and for bidders to bid on sellers' auctions. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have bid on. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretence. This Web-site shall not be responsible for any items sold by Auction, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. This web-site shall not be responsible for the cost of procurement of substitute goods or any losses resulting form any goods purchased or obtained. This web-site assumes no liability for the content of the listings. However if you fall victim of a fraudulent transaction we will assist you as much as we can. Laws. These Terms of Service shall be governed by and constructed in accordance with the laws of England and Wales and any disputes will be decided only by the Courts of England and Wales. The following User Agreement shall apply to users registering on or after 10 July 2008, as from the date of registration. For users who registered prior to 10 July 2008, the User Agreement shall apply as from 13 August 2008. You can find the old User Agreement here. The following describes the terms on whichsavef1 offers you access to our services. Introduction Welcome tosavef1. These terms and conditions apply to the services available from the domain and sub-domains ofsavef1.co.uk (which include, but are not limited to,savef1.co.uk), and from all othersavef1-branded websites provided for U.K. users. If you reside in the U.K. or another country that is a member of the E.U., by using the services on thesavef1 websites (savef1.co.uk, savef1.co.uk and other related websites where this agreement appears) you are agreeing to the following terms, including those available by hyperlink, withsavef1, and the general principles for the websites of our subsidiaries and international affiliates. If you reside within the United States, you are contracting withsavef1, Inc. In all other countries, your contract is withsavef1. If you have any questions, please refer to our Help section. Before you may become a member ofsavef1, you must read and accept all of the terms and conditions in, and linked to, this User Agreement. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of somesavef1-branded websites or websites we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and sub domains is always the agreement that appears in the footer of each website. The User Agreement constitutes a legally binding agreement between you andsavef1. This Agreement is effective on 13 August 2008, for current users, and upon acceptance for new users. Usingsavef1 You may not use our sites and services if you are under the age of 18 or you are not able to form legally binding contracts, or if yoursavef1 membership has been suspended. While usingsavef1, you will not: • post, list or upload content or items in an inappropriate category or areas on our sites; • breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties; • breach our policies including, without limitation, the Prohibited and Restricted Items policies and the other policies linked to from the "Additional terms" section below; • 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; • fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity; • manipulate the price of any item or interfere with other user's listings; • circumvent or manipulate our fee structure, the billing process, or fees owed tosavef1; • post false, inaccurate, misleading, defamatory, or libelous content (including personal information); • take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information to non-savef1 sites or for using it for purposes unrelated tosavef1); • transfer yoursavef1 account (including feedback) and user ID to another party without our consent; • distribute or post spam, chain letters, or pyramid schemes; • distribute viruses or any other technologies that may harmsavef1, or the interests or property ofsavef1 users; • copy, modify, or distribute content from our sites andsavef1's copyrights and trademarks; or • harvest or otherwise collect information about users, including email addresses, without their consent. If you are registering withsavef1 as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on savef1, you must comply with all applicable laws relating to online trading (please see Business Selling Explained for more information). We will commence supplying our services to you as soon as you accept this Agreement. Unless you andsavef1 agree otherwise, you will not be able to cancel this Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced. Abusingsavef1 Savef1 and thesavef1 community work together to keep our sites and services working properly and the community safe. Please report problems, offensive content and policy breaches to us. savef1's Verified Rights Owner savef1works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been infringed, please notify our admin team through our Verified Rights Owner savef1and we will investigate. 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, the sites (including, without limitation, cancelling bids and removing listings), delay or remove hosted content, and take technical and legal steps to keep you off our sites if: • We think that you are creating problems (including, without limitation, by harassingsavef1 staff or other users or by making unreasonable legal threats againstsavef1), or exposing us or anothersavef1 user to financial loss or legal liabilities; • We think that you are acting inconsistently with the letter or spirit of this Agreement or our policies; • Despite our reasonable endeavors, we are unable to verify or authenticate any information you provide to us; or • You earn a net feedback rating of -4. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time. You agree not to holdsavef1 responsible for any loss you may incur as a result ofsavef1 taking any of the actions described above. No spam We do not tolerate spam (unsolicited commercial communications). Please set yoursavef1 notification preferences so we communicate to you as you prefer. You may not add othersavef1 users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their consent. You may not use our communication tools to send spam or otherwise send content that would breach our User Agreement. We may automatically scan and manually filter email messages before they are sent via our communication tools for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store such messages. If you send an email to an email address that is not a registeredsavef1 email address belonging to ansavef1 member, we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses. To report spam from othersavef1 users, please contactsavef1 Customer Support. Using information about othersavef1 users Our sites and services enable users to share personal and financial information in order to complete transactions. When users are involved in a transaction, they may obtain access to each other's name, user ID, email address, and other contact information, postal information and financial information. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, we ask you to respect other users' privacy and disclose your privacy and security policies to them. In all cases, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them. You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for: • Savef1-transaction-related purposes that are not unsolicited commercial communications • using services offered throughsavef1; and • Other purposes a user expressly agrees to. Fees Joiningsavef1 and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees policy, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice of them by email, by posting the changes on thesavef1 site or via “My Messages”. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites. Unless otherwise stated, all fees are quoted in GB pounds sterling. You are responsible for paying all fees and applicable taxes associated with using our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is overdue, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us and retaining collection agencies and legal counsel and for accounts over 180 days overdue, deducting the amount owed from your PayPal account balance.) You agree that we may issue you with invoices in electronic format by email. Content When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, trademarks, 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. For the convenience of sellers, we may offer catalogues of stock images, descriptions and product specifications, which are provided by third-parties. While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date. If you choose to include catalogue content in your listings, you will be responsible for ensuring that your listings are accurate and do not include misleading information. You agree that you will not hold our catalog providers responsible for inaccuracies in their catalogues. The catalogue may include copyrighted, trademarked or other proprietary materials. You may use the catalogues only for informational purposes and only in connection with yoursavef1 listings. You may not use catalogue content in a way that infringes or breaches anyone’s proprietary rights. Liability Nothing in this 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. You will not holdsavef1 responsible for any loss you may incur as a result ofsavef1 taking any of the actions described in the Abusingsavef1section above nor for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, our sites are a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. At no point do we have possession of anything listed or sold through savef1. We do not review users’ listings or content and are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the truth or accuracy of feedback or other content posted by users on our sites, 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. Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on one of our sites. 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.savef1 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. We cannot guarantee continuous or secure access to our services, and operation of our sites may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavors to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services. We (including our parent, subsidiaries, affiliates, officers, 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 out of your use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) £100. Release If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures 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. Access and interference Our sites contain robot exclusion headers. Much of the information on our sites is updated on a real-time basis and is proprietary or is licensed tosavef1 by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access our sites for any purpose without our express written permission. Additionally, you agree that you will not: • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from our sites without the prior expressed written permission ofsavef1 and the appropriate third party, as applicable; • interfere or attempt to interfere with the proper working of our sites or any activities conducted on our sites; or • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our sites. Privacy We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in thesavef1 Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see thesavef1 Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services. Compensation You agree that you will only use our sites and services in accordance with this Agreement. 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 Agreement or your violation of any law or the rights of a third party. No agency No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Notices Except as explicitly stated otherwise, legal notices shall be served by registered mail tosavef1 (ref:savef1.co.uk),. We shall send notices to you by email to the email address you provide tosavef1 during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing. Third party rights A person who is not a party to this 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 Agreement or which exists or is available apart from that Act. Resolution of disputes If a dispute arises between you andsavef1, we strongly encourage you to first contact us directly to seek a resolution by going to thesavef1 Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. This Agreement shall be governed and construed in all respects by the laws of England and Wales. You andsavef1 both agree to submit to the exclusive jurisdiction of the English Courts; for claims falling within the jurisdiction of a County Court, you andsavef1 both agree to submit to the jurisdiction of the County Court of Lincolnshire. Additional terms The following policies (together with all further policies that can be accessed via click-through links contained in such policies) are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites. We expect you to read all of the linked documents carefully: Each of these policies may be changed from time to time. Changes take effect when we post them on thesavef1 site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through our sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement. General If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section (but without your prior express consent), provided that we assign the Agreement on the same terms or terms that are no less advantageous to you. Section 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 Agreement. We may amend this Agreement at any time by email, via “My Messages” or by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Compensation and Resolution of Disputes. If you have any questions about this User Agreement, please refer to the Frequently Asked Questions about the User Agreement. If that document does not answer your questions, please contactsavef1 Customer Support Our Previous User Agreement The following describes the terms on whichsavef1 offers you access to our services. Introduction Welcome tosavef1. These terms and conditions apply to the services available from the domain and sub-domains of http://www.savef1.co.uk (which include, but are not limited to, http://www.savef1.co.uk and http://www.savef1.co.uk), and from all othersavef1 branded websites provided for U.K. users, (together, the "Site"). If you reside in the U.K. or another country that is a member of the E.U. you are contracting withsavef1 If you reside in a country that is not a member of the E.U. (but you do not reside in the U.S.A.), you are contracting withsavef1 "savef1", "we", "us" or "our". Your use of our services is governed by the following terms and conditions, including those additional terms referred to in the "Additional terms" section below (which are accessible by click-through links and which form part of these terms and conditions), (together, the "User Agreement"). Before you can become a member ofsavef1, you must read and accept all of the terms and conditions of this User Agreement and each of the "Additional terms" referred to in this User Agreement. You should read through all the terms carefully. The User Agreement constitutes a legally binding agreement between you andsavef1. This User Agreement is valid from 1 september 2008 and is effective upon acceptance for new users. Using savef1 You may not use the Site if you are under the age of 18 or you are not able to form legally binding contracts, or if yoursavef1 membership has been suspended. While using the Site, you will not: • post, list or upload content or items in inappropriate categories or areas on the Site; • breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties; • breach our policies, including, without limitation, the Prohibited and Restricted Items policy and the other policies linked to from the "Additional terms" section below; • fail to pay for items purchased by you, unless the seller materially changes the item's description after you place a bid on the item, a clear typographical error is made, or you cannot authenticate the seller's identity; • fail to deliver items purchased from you, unless the buyer fails to meet your listing terms, or you cannot authenticate the buyer's identity; • manipulate the price of any item or interfere with other users' listings; • circumvent or manipulatesavef1’s fee structure, the billing process, or fees owed tosavef1; • post, list or upload false, inaccurate, misleading or defamatory content (including personal information); • take any action that may undermine the feedback or ratings systems (such as displaying feedback information on, or exporting feedback information to, non-savef1 sites, or using it for purposes unrelated tosavef1); • transfer yoursavef1 account (including feedback) and User ID to another party without our express consent; • distribute or post spam, chain letters, or pyramid schemes; • distribute viruses or any other technologies that may harmsavef1, or the interests or property ofsavef1 users; • copy, modify, or distributesavef1's copyrighted works or trademarks, or other content from the Site, without our express consent; or • harvest or otherwise collect information about users, including email addresses, without their express consent. If you are registering withsavef1 as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business onsavef1, you must comply with all applicable laws relating to online trading (please see our Legal Guidance for Business Sellers page for further information). We will commence supplying our services to you as soon as you accept this User Agreement. Unless you andsavef1 agree otherwise, you will not be able to cancel this User Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced. Abusingsavef1 Savef1 and thesavef1 community work together to keep the site working properly and the community safe. Please report problems, offensive content, and policy breaches to us. savef1's Verified Rights Owner works to ensure that listed items do not infringe upon the copyright, trade mark or other rights of third parties. If you believe that your rights have been infringed, please notify our admin and we will investigate. Without limiting other remedies, we may issue you with warnings, limit, suspend, or terminate our services and your account(s), restrict your access to, and your activities on, the Site (including, without limitation, by cancelling bids and removing listings and other hosted content), warn thesavef1 community not to transact with you and/or take technical and legal steps to stop you from using the Site if: • we think that you are creating problems (including, without limitation, by harassingsavef1 staff or other users) or exposing us or anothersavef1 user to financial loss or legal liabilities; • we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies; • Despite our reasonable endeavors, we are unable to verify or authenticate any information you provide to us; or • You earn a net feedback rating of -4. We also reserve the right to cancel unconfirmed accounts. You agree not to holdsavef1 responsible for any loss you may incur as a result ofsavef1 taking any of the actions described above. No spam We do not tolerate spam (unsolicited commercial communications). Please set yoursavef1 notification preferences so we communicate to you as you prefer. You may not add other savef1 users, even a user who has purchased an item from you, to your mailing list (e-mail or physical mail) without their consent. You may not use our communication tools to send spam or otherwise send content that would breach our User Agreement. We filter and automatically scan e-mail messages before they are sent via our communication tools for viruses and other illegal or prohibited content but we do not permanently store such messages. If you send an e-mail to an e-mail address that is not a registeredsavef1 e-mail address belonging to ansavef1 member, we do not permanently store that e-mail or use that e-mail address for any marketing purpose. We do not rent or sell these e-mail addresses. To report spam from othersavef1 users, please contactsavef1 Customer Support. Using information about othersavef1 users Our Site enables users to share personal and financial information in order to complete transactions. When users are involved in a transaction, they may obtain access to each other's name, User ID, email address, and other contact information, postal information and financial information. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, we ask you to respect other users' privacy and disclose your privacy and security policies to them. In all cases, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them. You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for: • Savef1-transaction-related purposes that are not unsolicited commercial communications • using services offered throughsavef1; and • Other purposes that a user expressly agrees to. Fees Joiningsavef1 and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on thesavef1 Fees Policy, which we may change from time to time. Changes to the fees will take effect 14 days after we notify you of them either by email, or via "My Messages", or via a posting on the Site's announcements board. We may choose to temporarily change the fees for our services for promotional events (for example, "free listing days") or new services, and such changes are effective when we post the temporary promotional event or new service on the Site Unless otherwise stated, all fees are payable in GB pounds sterling. You are responsible for paying all fees and applicable taxes (including any value added tax) associated with using the Site in a timely manner with a valid payment method. If your payment method fails or your account is overdue, we may collect fees owed using other collection mechanisms. (This includes, without limitation, charging other payment methods on file with us and retaining collection agencies and legal advisers.) You agree that we may issue you with invoices in electronic format by e-mail. Content license When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, trademarks, database rights and all other 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. (We need these rights to host and display your content.) Liability 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. You will not holdsavef1 responsible for other users' actions or inactions. Althoughsavef1 is often referred to as an online auction web site; you acknowledge that we are not a traditional auctioneer. Instead, the Site is a venue to allow anyone to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats, which include auction-style and fixed price formats. At no point do we have possession of anything listed or sold through the Site. We do not review user's listings and we are not party to the actual transactions between buyers and sellers. You will not holdsavef1 responsible for the actions or inactions of buyers or sellers involved in transactions (whether such transactions are carried out on or offsavef1) or for ensuring that they actually complete transactions. We have no control over, do not guarantee, and you will not hold us responsible for: • The quality, safety or legality of items advertised; • The truth or accuracy of listings; • The truth or accuracy of feedback or other content posted by users on the Site; • The ability of sellers to sell items; • The ability of buyers to pay for items; or • Whether a buyer or seller will actually complete a transaction. Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on the Site. You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on the Site. 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.savef1 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 the Site. We cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavors to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services. We (including our parent, subsidiaries, affiliates, officers, 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 out of your use of our Site. Regardless of the previous paragraph, if we are found to be liable, our liability, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, to you is limited in any 12 month period to the greater of: (a) the total fees you paid to us in relation to the listing or other service offered which gave rise to the liability, and (b) £100. Release If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures 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. Access and interference The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed tosavef1 by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Site without the prior expressed written permission ofsavef1 and the appropriate third party, as applicable; • interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. Privacy We do not sell or rent your personal information to third parties for their marketing purposes without your express consent. We use your information only as described in thesavef1 Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see thesavef1 Privacy Policy. If you object to your information being transferred or used in this way please do not use our services. Compensation You agree that you will only use the Site in accordance with the terms and conditions set out in this User Agreement. You will compensate us in full for any losses or costs (including reasonable legal fees) we incur arising from any breach by you of this User Agreement. No agency No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. Notices Except as explicitly stated otherwise, notices tosavef1 shall be sent by registered mail tosavef1 Europe S.à r.l. (ref:savef1.co.uk), 15 rue Notre Dame, L-2240 Luxembourg. We shall send notices to you by e-mail or by registered mail to the email address or postal address (as applicable) that you provided tosavef1 when you registered as a member ofsavef1. Notices sent to you by e-mail shall be deemed to have been received by you 24 hours after they are sent, unless we receive notice that the email address is invalid. Notices sent to either party by registered mail shall be deemed to have been received by that party 3 days after they are sent. Third party rights 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. Governing law and dispute resolution This User Agreement shall be governed by and construed in accordance with English law. You andsavef1 both agree to submit to the non-exclusive jurisdiction of the English Courts. If a dispute arises between you andsavef1, we strongly encourage you to first seek a resolution by contactingsavef1 Customer Support. Alternatively you may address complaints tosavef1. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Additional terms The following policies (together with all further policies that can be accessed via click-through links contained in such policies) are part of this User Agreement and provide additional terms and conditions related to specific services offered on the Site. We expect you to read all of the linked documents carefully: • Prohibited and Restricted Items • Identity • Rules for Buyers • Rules for Sellers • Rules for Everyone • Non-Binding Bid Policy • Bid Retraction Policy • Unpaid Item Policy • Reviews and Guides • Groups Usage Policy • Savef1 Fees Policy • Feedback policies • About Transactions Outsidesavef1 • Item Location Misrepresentation Policy Each of these policies may be changed from time to time. Changes take effect when we post them on the Site. When using particular services on the Site, we advise you to check whether the applicable policy or rule has been amended on the Site as you will be bound by the latest version of any applicable policies or rules which may be posted on the Site from time to time. All such policies or rules are hereby incorporated into this User Agreement. General If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. In our sole discretion, we may assign this User Agreement to a third party by giving you notice in accordance with the Notices section above (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. Section headings are for reference purposes only and do not limit the scope or extent of the sections. 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 may amend this User Agreement at any time either by e-mail, via "My Messages" or by posting the amended terms on the Site. Except as stated elsewhere in this User Agreement, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This User Agreement may not be otherwise amended except in a writing signed by you and us. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. The following Sections survive any termination of this User Agreement: Fees (with respect to fees owed for our services), Content Licence, Liability, Release, Compensation, and Third Party Rights and Governing law and dispute resolution savef1 Privacy Policy The following Privacy Policy shall apply to users registering on or after 10 sept 2008, as from the date of registration. For users who registered prior to 10 sept 2008, the Privacy Policy shall apply as from 13 sept 2008. You can find the old Privacy Policy here. This policy tells you about how we use and protect your personal information. To see a summary of this policy, and for more information to answer your privacy concerns, please go to our Privacy Central page. Contents • Scope • Controlling and Processing Parties • Collection • Marketing • Use • Our Disclosure of Your Information • Information You Share on savef1 • Using Information on savef1 • Cookies • No Spam, Spyware or Spoofing • Account Protection • Accessing, Reviewing and Changing Your Personal Information • Security • Third Parties • General Scope This Privacy Policy describes how we handle your personal information for our services on the savef1 websites. It applies generally to the savef1.co.uk. website and content and other related websites where this policy appears in the footer of the page. Some savef1-branded websites or websites we operate may be governed by separate privacy policies. The policy that applies on any of our domains or subdomains is always the policy that appears in the footer of each website. Our subsidiaries', affiliates’ and joint ventures’ privacy practices are similar to those described in this Privacy Policy. Subject to the requirements of applicable law, we strive to provide a consistent set of privacy practices throughout the global savef1 trading community. By accepting the Privacy Policy and the User Agreement in registration, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. This Privacy Policy is effective upon acceptance for new users and is otherwise effective on 13 August 2008. Controlling and Processing Parties When you use the savef1 services, you agree that: •savef1 process your personal information to deliver the services savef1 provides under the User Agreement and within the framework and according to the principles laid down in this Privacy Policy. Collection You can browse our sites without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers located in the United States. We may collect and store the following personal information: • email address, physical contact information, and (depending on the service used) sometimes financial information, such as credit card or bank account numbers; • transactional information based on your activities on the sites (such as bidding, buying, selling, item and content you generate or that relates to your account); • shipping, billing and other information you provide to purchase or ship an item; • community discussions, chats, dispute resolution, feedback, correspondence through our sites, and correspondence sent to us; • other information from your interaction with our sites, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information; • additional information we ask you to submit to authenticate yourself or if we believe you are violating site policies (for example, we may ask you to send us an ID or bill to verify your address, or to answer additional questions online to help verify your identity or ownership of an item you list); • information from other companies, such as demographic and navigation data; and • other supplemental information from third parties (for example, if you incur a debt to savef1, we will generally conduct a credit check by obtaining additional information about you from a credit bureau, as permitted by law; or if the information you provide cannot be verified, we may ask you to send us additional information, such as your driver’s licence, credit card statement, or a recent utility bill or other information confirming your address, or to answer additional questions online to help verify your information). Marketing We don't sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information on other users and information we collect from other companies and use it to improve and personalize our services, content and advertising. If you don't wish to receive marketing communications from us or participate in our ad-customization programs, simply indicate your preference via the “Preferences” page in My savef1 (or similar account status page) or by following the directions provided with the communication or advertisement. Use Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to: • provide the services and customer support you request; • resolve disputes, collect fees, and troubleshoot problems; • prevent potentially prohibited or illegal activities, and enforce our User Agreement; • customize, measure and improve our services, content and advertising; • tell you about our services and those of our corporate family, targeted marketing, service updates, and promotional offers based on your communication preferences; and • compare information for accuracy, and verify it with third parties. Our Disclosure of Your Information We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content infringes the rights of others, or protect anyone's rights, property, or safety. We may also share your personal information with: • Members of the savef1 Inc. corporate family—like PayPal, Skype or Shopping.com—to provide joint content and services (like registration, transactions and customer support), to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about their products, services and communications. Members of our corporate family will use this information to send you marketing communications only if you’ve requested their services. • Service providers under contract who help with our business operations (such as fraud investigations, bill collection, affiliate and rewards programs and customer support). • Other savef1 users, whether located within the United Kingdom or abroad. For example, where you are involved in a transaction with another user, the other user may view your email address and obtain your contact information and postal address to help complete the transaction. • Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service). • Law enforcement agencies, other governmental agencies or third parties in response to a request for information (such as a Section 29 (3) Data Protection Act 1998 form) relating to a criminal investigation, alleged illegal activity or any other activity that may expose us, you or any other savef1 user to legal liability. The personal information we disclose may include your User ID and User ID history, name, city, county, telephone number, email address, fraud complaints and bidding and listing history or anything else that we deem relevant. • savef1 participants in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity, as we in our sole discretion believe necessary or appropriate, either under confidentiality agreement or as required by law. In such circumstances, we may disclose name, street address, city, county, postcode, country, phone number, email address and company name. • Other business entities, should we plan to merge with or be acquired by that business entity. (Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information will be used contrary to this policy, you will receive prior notice.) Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from those who attempt to carry out fraudulent or illegal activities on the site, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity. Information You Share on savef1 Your user ID is displayed throughout savef1 (and so available to the public) and is connected to all of your savef1 activity. Other people can see your bids, purchases, items for sale, shop fronts, feedback, ratings and associated comments. Notices sent to other community members about suspicious activity and policy breaches on our sites refer to user IDs and specific items. So, if you associate your name with your user ID, the people to whom you have revealed your name will be able to personally identify your savef1 activities. If you are a business seller, your contact details (such as name and geographical address) may be visible on the View Item page, as you indicate in your business preferences on My savef1. If you access our sites from a shared computer or a computer in an internet café, certain information about you, such as your user ID or reminders from savef1, may also be visible to other individuals who use the computer after you. Using Information from savef1 savef1 enables you to share personal and financial information to complete transactions. We encourage you to disclose your privacy practices and respect the privacy of other users. We cannot guarantee the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information. To help protect your privacy, we allow only limited access to other users' contact, shipping and financial information to facilitate your transactions. When users are involved in a transaction, they may have access to each other's name, User ID, email address and other contact and shipping information. In all cases, you must comply with data protection laws, and give other users a chance to remove themselves from your database and a chance to review what information you have collected about them. You agree to use user information only for: • savef1 transaction-related purposes that are not unsolicited commercial messages; • using services offered through savef1 (e.g. escrow, insurance, shipping and fraud complaints), or • other purposes that a user expressly chooses. Cookies We use "cookies" (small files placed on your hard drive) on certain of our pages to help analyse our web page flow; customise our services, content and advertising; measure promotional effectiveness, and promote trust and safety. For more information about why we use cookies, see Cookies, Web Beacons, and Your Privacy. A few important things you should know about cookies are that: • We offer certain features that are available only through the use of cookies. • We use cookies to help identify you and maintain your signed-in status. • Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session. • You are always free to decline our cookies if your browser permits, although doing so may interfere with your use of some of our sites or services. • You may encounter cookies from third parties on certain pages of the sites that we do not control. (For example, if you view a web page created by another user, there may be a cookie placed by that web page.) No Spam, Spyware or Spoofing We and our users do not tolerate spam. Make sure to set your savef1 notification preferences so we communicate to you as you prefer. You are not licensed to add other savef1 users, even a user who has purchased an item from you, to your mailing list (email or physical mail) without their express consent. To report savef1-related spam or spoof emails to savef1, please report it to us. You may not use our communication tools to send spam or otherwise send content that would breach our User Agreement. We automatically scan and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store messages sent through these tools. If you send an email to an email address that is not registered in our community (we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses. Account Protection Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your savef1 password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify savef1 and change your password. Accessing, Reviewing and Changing Your Personal Information You can see, review and change most of your personal information by signing on to savef1. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request to Customer Service, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our savef1 User Agreement, and take other actions otherwise permitted by law. Security Your information is stored on our servers located in the United States. We treat data as an asset that must be protected and use lots of tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorised access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private. Third Parties Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are bidders, buyers or sellers on our sites or other sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. savef1 does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others. General We may amend this Privacy Policy at any time by posting the amended terms on this site. All amended terms automatically take effect 30 days after they are initially posted. In addition, we will notify you through the savef1 Message Centre or via email at the address you provide in My savef1. If our help pages do not answer the questions you may have related to the Privacy Policy, you can write to the Data Controller within the European Union: savef1, or you may contact savef1 Customer Support. Our Previous Privacy Policy Welcome to the privacy policy (the "Privacy Policy") for the http://www.savef1.co.uk. website, sub-domains of that website (which include, without limitation, http://www.savef1.co.uk and http://www.savef1.co.uk) and all other savef1 branded websites provided for U.K. users (together, the "Site"). Scope This Privacy Policy describes how savef1 ("we", "us" or "our") collects, stores, uses and discloses your personal information in connection with the performance of the services that are made available to you through the Site. Other savef1 websites worldwide operate under similar privacy practices and, subject to the requirements of applicable local law, we strive to provide a consistent set of privacy practices throughout the global savef1 trading community. By accepting the User Agreement during the process for registering an savef1 account or by using the Site, you expressly consent to the collection, storage, use and disclosure of your personal information by savef1 as described in this Privacy Policy. This Privacy Policy is valid from 1 March 2007 and is effective upon acceptance for new users. Collection and Storage You can browse the Site without telling us who you are or revealing any personal information about yourself. However, once you give us your personal information, you are no longer anonymous to us. If you choose to provide us with personal information, you expressly consent to us transferring that information to, and storing it on, servers located in the United States. As part of this process we may transfer your personal information to savef1 Inc. The laws on holding personal data in the United States may be less stringent than the laws applicable to the United Kingdom, but we will transfer and store your information in a safe, confidential and secure environment. We may collect and store the following personal information about you: • email address, physical address, telephone number and other contact information, and (depending on the service used) sometimes financial information, such as credit card or bank account details; • transactional information based on your activities on the Site (such as information on your bidding, buying and selling activities, item descriptions and other content you generate or information that relates to your account); • Postage, billing and other information you provide to purchase or post an item; • Community discussions, chats, dispute resolution, correspondence through the Site, correspondence sent to us and feedback; • computer sign-on data, statistics on page views, information and statistics on traffic to and from the Site (including the URL you just came from and the URL you go to next, whether they are URLs on the Site or not), advertising data, IP address, browser information and standard web log information; and • supplemental information from third parties (for example: (a) if you incur a debt to us, we will generally conduct a credit check by obtaining additional information about you from a credit reference agency, as permitted by law; (b) if the information you provide cannot be verified, we may ask you to send us additional information (such as a certified copy of your dri
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