TERMS AND CONDITIONS – BUYER

BACKGROUND:

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this app, Bricks & Bobs (“Our App”).  Please read these Terms and Conditions carefully and ensure that you understand them. You will be required to read and accept these Terms and Conditions when signing up for an Account. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our App immediately.

1. Definitions and Interpretation
   • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

2. Information About Us

   • Our App, Bricks & Bobs, is owned and operated by Bricks & Bobs Ltd.

3. Access to Our App

   • Access to Our App is free of charge.
   • It is your responsibility to make any and all arrangements necessary in order to access Our App.
   • Access to Our App is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our App (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our App (or any part of it) is unavailable at any time and for any period.

4. Accounts

   • Certain parts of Our App (including the ability to post Ads) may require an Account in order to access them.
   • You may not create an Account if you are under 18 years of age.
   • When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
   • We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. It is your responsibility to keep your password safe.  You must not share your Account with anyone else.  If you believe your Account is being used without your permission, please contact Us immediately at: info@bricksandbobs.com We will not be liable for any unauthorised use of your Account.
   • You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
   • Any personal information provided in your Account will be collected, used and held in accordance with your rights and Our obligations under the law, as set out in Clause 15.
   • If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information.  Closing your Account will also remove access to any areas of Our App requiring an Account for access.
   • If you close and delete your Account, any Ad(s) you have posted or submitted an interest in on Our App will also be inactive and therefore cannot be viewed, and the licence granted to Us under sub-Clause 6.4 will be terminated.

5. Intellectual Property Rights and Our App

   • With the exception of the content of Ads, all Content on Our App and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including that in Ads) is protected by applicable United Kingdom and international intellectual property laws and treaties.
   • Subject to the licence granted to Us under sub-Clause 6.4, Advertisers retain the ownership of copyright and other intellectual property rights subsisting in their Ads (unless any part of an Ad is owned by a third party who has given their express permission for their material to be used in the Ad).
   • You may:
     • Access, view and use Our App on your device once you have downloaded it from the relevant Apple or Google Play store;
     • Download, copy, clip, print, or otherwise save extracts from pages on Our App; and
     • Save pages from Our App for later and/or offline viewing.
   • You may not systematically copy Content from Our App with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so.
   • Subject to sub-Clauses 5.3 you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from Our App unless clearly given express permission to do so. For further information, please contact Us at info@bricksandbobs.com.
   • Our status as the owner and author of the Content on Our App (or that of identified licensors or Advertisers, as appropriate) must always be acknowledged.

6. Ads

   • An Account is required if you wish to post an Ad. Please refer to Clause 4 for more information. You will be subject to, and must agree to, our Terms of Sale if you wish to post an Ad. Details of which shall be provided to you as part of the Ad creation process.

7. Acceptable Usage Policy

   • You may only use Our App in a manner that is lawful and that complies with the provisions of this Clause 7. Specifically:
     • you must ensure that you comply fully with any and all applicable local, national, and international laws and/or regulations;
     • you must not use Our App in any way, or for any purpose, that is unlawful or fraudulent;
     • you must not use Our App to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
     • you must not use Our App in any way, or for any purpose, that is intended to harm any person or persons in any way.
   • When posting an Ad (or communicating in any other way using Our App), you must not post, communicate or otherwise do anything that:
     • is sexually explicit;
     • is obscene, deliberately offensive, hateful, or otherwise inflammatory;
     • promotes violence;
     • promotes, assists in, or constitutes any form of unlawful activity;
     • discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
     • is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
     • is calculated or otherwise likely to deceive (including any unsubstantiated or unsupportable claims or comparisons concerning the subject matter of the Ad or any other Ad or Advertiser on Our App);
     • is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
     • misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.2);
     • implies any form of affiliation with Us where none exists;
     • infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
     • is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
   • We reserve the right to suspend or terminate your Account and/or your access to Our App if you materially breach the provisions of this Clause 7 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
     • suspend, whether temporarily or permanently, your Account and/or your right to access Our App;
     • remove any Ad posted by you which violates this Acceptable Usage Policy;
     • issue you with a written warning;
     • take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
     • take further legal action against you as appropriate;
     • disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
     • any other actions which We deem reasonably appropriate (and lawful).
   • We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

8. Links to Other Places

Links to other apps or websites may be included on Our App.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our App is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

9. Advertising

   • We may feature Third Party Advertising (in addition to Ads) on Our App and We reserve the right to display Third Party Advertising on the same page as any Ad.
   • You agree that you will not attempt to remove or hide any Third Party Advertising by any method.
   • We are not responsible for the content of any Third Party Advertising on Our App. Each Third Party Advertiser is responsible for the content of their own Third Party Advertising material.  We will not be responsible for any Third Party Advertising on Our App including, but not limited to, any errors, inaccuracies, or omissions.

10. Disclaimers and Legal Rights

    • Nothing on Our App constitutes advice on which you should rely. It is provided for general information purposes only.  In Particular, We make no representation or warranty that any part of Our App (including Ads) is suitable for use in business or that any part of it constitutes accurate data and/or advice on which business decisions can be based.
    • Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our App will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
    • If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our App created by Us (that is not Content uploaded by an Advertiser) damages your device or other digital content belonging to you, if you are a consumer, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
    • We make reasonable efforts to ensure that Our Content on Our App is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that such Content is complete, accurate, or up-to-date.
    • We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in Ads. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.  We have no control over, nor any involvement in, any Ads, and We accept no responsibility for any actions taken, or for any products or services advertised in, any Ad.

11. Our Liability

    • To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our App or the use of or reliance upon any Content (whether it is provided by Us or whether it is an Ad) included on Our App.
    • To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our App or any Content (including Ads) included on Our App.
    • If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
    • We exercise all reasonable skill and care to ensure that Our App is free from viruses and other malware. Subject to sub-Clause 11.3, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our App (including the downloading of any Content from it) or any other site referred to on Our App.
    • We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our App resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
    • Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

12. Viruses, Malware and Security

    • We exercise all reasonable skill and care to ensure that Our App is secure and free from viruses and other malware. We do not, however, guarantee that Our App is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 11.4.
    • You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
    • You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our App.
    • You must not attempt to gain unauthorised access to any part of Our App, the server on which Our App is stored, or any other server, computer, or database connected to Our App.
    • By breaching the provisions of sub-Clauses 12.3 and 12.4 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our App will cease immediately in the event of such a breach.

13. Privacy

1. Use of Our App is also governed by Privacy Policy, available from “Settings Page > Legal>Privacy Policy”

14. Data Protection

We will only use your personal information as set out in Our Privacy Policy, available from “Settings Page > Legal>Privacy Policy”

15. Communications from Us

    • If you have an Account, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, and changes to your Account.
    • We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  If you opt out of receiving emails from us at any time, it may take up to 45 business days for your new preferences to take effect.
    • For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at info@bricksandbobs.com or via [i.e. the help option within Our App).

16. Changes to these Terms and Conditions

    • We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our App after the changes have been implemented.  You are therefore advised to check this page from time to time.
    • In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

17. Contacting Us

To contact Us, please email Us at info@bricksandbobs.com or using any of the methods provided on Our App.

18. Law and Jurisdiction

    • These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
    • If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    • If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
    • If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.