Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
20 January 2013
1. Application and Acceptance of the Terms | Top
1.2 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Usortd, or (b) you are not permitted to receive any Services under the laws of UK or other countries / regions including the country / region in which you are resident or from which you use the Services.
1.3 You acknowledge and agree that Usortd may amend any Terms at any time by posting the relevant amended Terms on the Sites. By continuing to use the Services or the Sites, you agree that the amended Terms will apply to you.
1.4 If Usortd has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Sites.
1.5 You may be required to enter into a separate agreement, whether online or offline, with Usortd.com or our affiliate for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
1.6 The Terms may not otherwise be modified except in writing by an authorized officer of Usortd.com.
2. Provision of Services | Top
2.1 The Usortd contracting entity that you are contracting with is Usortd Limited.
2.2 You must register as a User on the Sites in order to access and use some Services. Further, Usortd reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users or subject to other conditions that Usortd may impose in our discretion.
2.3 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions will be available for Users. Usortd may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.
2.4 Usortd may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that, in case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.
2.5 Some Services may be provided by Usortd’s affiliates on behalf of Usortd.
3. Users Generally | Top
3.1 As a condition of your access to and use of the Sites or Services, you agree that you will comply with all applicable laws and regulations when using the Sites or Services.
3.2 You agree to use the Sites or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Sites (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Usortd, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Usortd is prohibited. Use of any content or materials on the Sites for any purpose that are not expressly permitted in the Terms is prohibited.
3.4 Usortd may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites. You are cautioned to read such web sites' terms and conditions and/or privacy policies before using the Sites. You acknowledge that Usortd has no control over such third parties' web sites, does not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.
3.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of Usortd and/or any other User nor to gain unauthorized access to such computer systems or networks.
3.6 You agree not to undertake any action which may undermine the integrity of Usortd’s feedback system, such as leaving positive feedback for yourself using secondary User Ids or through third parties or by leaving unsubstantiated negative feedback for another User.
3.7 By posting or displaying any information, content or material (“User Content”) on the Sites or providing any User Content to Usortd or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Usortd to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Sites, the provision of any Services and/or the business of the User. You confirm and warrant to Usortd that you hold all the rights, power and authority necessary to grant the above license.
4. User Accounts | Top
4.1 User must be registered on the Sites to access or use some Services of Usortd. A user can register as a Buyer or as a Seller. One User may register both as a Buyer and Seller. Except with Usortd’s approval, one User may only register one Buyer or Seller account on the Sites. Usortd may cancel or terminate a User’s account if Usortd has reasons to suspect that the a User has concurrently registered or controlled two or more user accounts. Further, Usortd may reject User’s application for registration for any reason. Please refer to the Buyer and Seller Policies for specific terms and conditions.
4.2 Upon registration on the Sites, Usortd shall assign an account and issue an Username and password (the former shall be the Registered User’s email address, and latter shall be chosen by a registered User during registration) to each registered User.
4.3 A set of Username and password is unique to a single account. Each User shall be solely responsible for maintaining the confidentiality and security of your Username and password and for all activities that occur under your account. User may not share, assign, or permit the use of your User account or password by another person outside of the User’s own business entity. User agrees to notify Usortd immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
4.4 User agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the User.
4.5 User acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, "multiple use"), may cause irreparable harm to Usortd.co.uk or other Users of the Sites. User shall indemnify Usortd, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. User also agrees that, in case of the multiple use of your account or User’s failure to maintain the security of your account, Usortd shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate User’s account without liability to User.
5. User’s Responsibilities | Top
5.1 Each User represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; (b) you use the Sites and Services for business purposes only, and (c) the address you provide when registering is the principal place of business of your business entity. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office.
5.2 User will be required to provide information or material about your entity, business or products/services as part of the registration process on the Sites or your use of any Service or the User account. Each User represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Sites or Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
5.4 Each User represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); and (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights.
5.5 Each User further represents, warrants and agrees that the User Content that you submit, post or display shall:
- be true, accurate, complete and lawful;
- not be false, misleading or deceptive;
- not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
- not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- not violate the Seller Policy and other Terms or any applicable Additional Agreements;
- not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations; and
- not contain any link directly or indirectly to any other web Sites which includes any content that may violate the Terms.
5.6 Each User further represents, warrants and agrees that you shall:
- carry on your activities on the Sites in compliance with any applicable laws and regulations;
- conduct your business transactions with other users of the Sites in good faith;
- carry on your activities in accordance with the Terms and any applicable Additional Agreements;
- not use the Services or Sites to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
- not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
- not engage in spamming or phishing;
- not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities;
- not involve attempts to copy, reproduce, exploit or expropriate Usortd’s various proprietary directories, databases and listings;
- not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
- not involve any scheme to undermine the integrity of the data, systems or networks used by Usortd and/or any user of the Sites or gain unauthorized access to such data, systems or networks; and
- not engage in any activities that would otherwise create any liability for Usortd or our affiliates.
5.7 User may not use the Services and User account to engage in activities which are identical or similar to Usortd’s business.
5.8 If User provides a business referee, User represents, warrants and agrees that you have obtained all necessary consents, approvals and waivers from your business partners and associates to (a) act as your business referee; (b) post and publish their contact details and information, reference letters and comments on their behalf; and (c) that third parties may contact such business referees to support claims or statements made about you. You further warrant and agree that all reference letters and comments are true and accurate, and third parties may contact the business referees without the need to obtain your consent.
5.9 User agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Usortd’s provision of the Services, evaluating whether User has breached the Terms and/or handling any complaint against the User. If User’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, Usortd shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.
5.10 User acknowledges and agrees that Usortd shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Sites. Usortd does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any User. Each User is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information
6. Breaches by Users | Top
6.1 Usortd reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Sites which we reasonably believe is unlawful, violates the Terms, could subject Usortd or our affiliates to liability, or is otherwise found inappropriate in Usortd’s opinion.
6.2 If any User breaches any Terms, or if Usortd has reasonable grounds to believe that any User is in breach of any the Terms, Usortd shall have the right to impose a penalty against the User, or suspend or terminate the User’s account or subscription of any Service without any liability to the User. Usortd shall also have the right to restrict, refuse or ban any and all current or future use of any other Service that may be provided by Usortd. The penalties that Usortd may impose include, among others, warning, removing any product listing or other User Content that the User has submitted, posted or displayed, imposing restrictions on the number of product listings that the User may post or display, or imposing restrictions on the User’s use of any features or functions of any Service for such period as Usortd may consider appropriate in our sole discretion.
6.3 Without limiting the generality of the provisions of the Terms, a User would be considered as being in breach of the Terms in any of the following circumstances:
- upon complaint or claim from any third party, Usortd has reasonable grounds to believe that such User has willfully or materially failed to perform your contract with such third party including without limitation where the User has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items User has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party,
- Usortd has reasonable grounds to suspect that such User has used a stolen credit card or other false or misleading information in any transaction with a counter party,
- Usortd has reasonable grounds to suspect that any information provided by the User is not current or complete or is untrue, inaccurate, or misleading, or
- Usortd believes that the User’s actions may cause a financial loss or legal liability to Usortd or our affiliates or any other Users.
6.4 Usortd reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Usortd may disclose the User's identity and contact information if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. Usortd shall not be liable for damages or results arising from such disclosure, and User agrees not to bring any action or claim against Usortd for such disclosure.
6.5 If a User is in breach of the Terms, Usortd also reserves the right to publish the records of such breach on the Sites. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities, Usortd also reserves the right to disclose the records of such breach to our affiliates. Such Usortd affiliates may impose limitation on, suspend or terminate the User’s use of all or part of the services provided by such affiliates to the User, take other remedial actions, and publish the records about the User’s breach of the Terms on the websites operated by or controlled by such Usortd affiliates.
6.6 Usortd may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the User’s use of any Service or the Sites without being liable to the User if Usortd has received notice that the User is in breach of any agreement or undertaking with any affiliate of Usortd and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. Usortd shall have the right to publish the records of such breach on the Sites. Usortd shall not be required to investigate such breach or request confirmation from the User.
6.7 Each User agrees to indemnify Usortd, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Sites or Services, or from your breach of the Terms.
6.8 Each User further agrees that Usortd is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Sites, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User. Usortd reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User shall cooperate with Usortd in asserting any available defenses.
7. Transactions Between Buyers and Sellers | Top
7.1 Through the Sites, Usortd provides electronic web-based platforms for exchanging information between buyers and sellers of products and services. However, for any Services, Usortd does not represent either the seller or the buyer in specific transactions. Usortd does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Sites or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
7.2 Users are hereby made aware that there may be risks of dealing with people acting under false pretences. Usortd uses several techniques to verify the accuracy of certain information our paying Users provide us when they register for a paying user-ship service on the Sites. However, because user verification on the Internet is difficult, Usortd cannot and does not confirm each User's purported identity (including, without limitation, paying Users). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
7.3 Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions in connection with using the Sites or Services and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Sites. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to products originally obtained by Users of the Sites as a result of purchase and sale transactions in connection with using the Sites may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks". Each User agrees that Usortd shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
7.4 Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Sites or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
7.5 User agrees to provide all information and materials as may be reasonably required by Usortd in connection with your transactions conducted on, through or as a result of use of the Sites or Services. Usortd has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials.
7.6 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Usortd (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
8. Limitation of Liability | Top
8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY USORTD ON OR THROUGH THE SITES ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND USORTD HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, USORTD MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; USORTD DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND USORTD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.
8.3 Any material downloaded or otherwise obtained through the Sites is done at each User's sole discretion and risk, and each User is solely responsible for any damage to Usortd’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Usortd or through or from the Sites shall create any warranty not expressly stated herein.
8.4 The Sites may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Usortd and our affiliates be held liable for any such services or products.
8.5 Each User hereby agrees to indemnify and save Usortd, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Sites or Services (including but not limited to the display of such User's information on the Sites) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save Usortd, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Usortd, including but not limited to those set forth in Section 5 hereunder.
8.6 Each User hereby further agrees to indemnify and save Usortd, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Sites. Each User hereby further agrees that Usortd is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Usortd reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Usortd in asserting any available defenses.
8.7 Usortd shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
- use or the inability to use the Sites or Services;
- any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Sites;
- violation of Third Party Rights or claims or demands that User's manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
- unauthorized access by third parties to data or private information of any User;
- statements or conduct of any User of the Sites; or;
- any matters relating to Services, however arising, including negligence.
8.8 Notwithstanding any of the foregoing provisions, the aggregate liability of Usortd, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Sites or Services during any calendar year shall be limited to the greater of (a) amount of fees the User has paid to Usortd or our affiliates during the calendar year and (b) £100. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Sites or Services must be filed within one (1) year from the date the cause of action arose.
8.9 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Usortd has been advised of or should have been aware of the possibility of any such losses arising.
9. Force Majeure | Top
9.1 Under no circumstances shall Usortd be held liable for any delay or failure or disruption of the content or services delivered through the Sites resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
10. Intellectual Property Rights | Top
10.1 Usortd is the sole owner or lawful licensee of all the rights and interests in the Sites and the Site Content. The Sites and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Sites and Site Content shall remain with Usortd, our affiliates or licensors of the Site Content as the case may be. All rights not otherwise claimed under the Terms or by Usortd are hereby reserved.
10.2 "Usortd", "USORTD.COM", “USORTD.CO.UK” and related icons and logos are registered trademarks or trademarks or service marks of Usortd and related icons and logos are registered trademarks or trademarks or service marks of Usortd Ltd, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks are strictly prohibited.
10.3 Usortd may have independent third parties involved in the provision of the Services (e.g, the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
11. Notices | Top
11.1 All legal notices or demands to or upon Usortd shall be made in writing and sent to Usortd personally, by courier, certified mail, or facsimile to the following address: Usortd.com, Usortd Ltd, 123 Pall Mall, St.James, London,SW1Y 5ED. The notices shall be effective when they are received by Usortd in any of the above-mentioned manner.
11.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Usortd, or by posting such notice or demand on an area of the Sites that are publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when.
- Usortd is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
- immediately upon Usortd posting such notice on an area of the Sites that are publicly accessible without charge.
11.3 You agree that all agreements, notices, demands, disclosures and other communications that Usortd sends to you electronically satisfy the legal requirement that such communication should be in writing.
12. General Provisions | Top
12.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and Usortd with respect to and govern your use of the Sites and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
12.2 Usortd and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
12.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted, and the remaining provisions shall remain valid and be enforceable.
12.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
12.5 Usortd’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Usortd’s right to act with respect to subsequent or similar breaches.
12.6 Usortd shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Usortd). You may not assign, in whole or part, the Terms to any person or entity.
12.7 The Terms shall be governed by the English Law without regard to its conflict of law provisions. The parties to the Terms hereby submit to the exclusive jurisdiction of the English Courts.
Buyer Policy | Top
Usortd’s policies are intended to:
- Support government laws and regulations
- Minimise risks to buyers and sellers
- Provide equal opportunity to all buyers
- Provide an enjoyable buying experience
- Support the values of the Usortd users.
- Check each deal carefully before committing to a deal, as each seller has different policies on delivery, refunds, returns and cancellations
- Be aware that You pay us 10% of the purchase price as a voucher processing fee. The remaining amount is paid directly to the business running the offer. For example if the purchase price is £10, we deduct £1, you are issued with a voucher for £9 which is payable direct to the business.
- Use the voucher to buy the deal directly from the seller.
Buyers should not:
- Commit to buying an item (either by joining a Groupbuy or buying an item in a Buy It Now listing) without paying.
- Join a Groupbuy with no serious intention of buying.
- Neither buyers nor sellers may interfere with a transaction or offer to buy or sell listed items outside of the Usortd site.
The Buyer will enter a LEGALLY BINDING CONTRACT to buy the Deal:
- When you click on the Buy it Now button on a deal.
- When you join a Groupbuy and after the first price drop point.
If you join a Groupbuy and the FIRST price drop does not occur and the price is at the Buy it Now price you are NOT LEGALLY BOUND to buy the deal.,
The final price drop point at which the Groupbuy ended on will be the price at which everyone, who joined the Group, will buy the deal.
As a buyer, you will be able to request a Groupbuy for a particular item you want to buy. Each GroupBuy Request has 7 days to get a minimum of 3 people to join.
When you request or join a Groupbuy Request it DOES NOT legally bind you to purchase that product or service; however, you must have an interest in buying the product or service.
If you do not find your favourite business, you can recommend them via our Recommend Business feature.
A recommended business is given a FREE company profile and a FREE Storefront.
Once the business claims its StoreFront, it is given a FREE subscription. It is able to accept requests for GroupBuys, create groupbuy offers, all through our DealManager.
You MUST ENSURE that the information provided is accurate to the best of your knowledge.
Breaches of these policies may result in a range of actions including:
- Listing cancellation
- Limits on account privileges
- Account suspension
- Forfeit of Usortd fees on cancelled listings
To report a policy breach
You can report a breach by clicking the Contact Us link on the left side of any help page, and selecting the appropriate topic.
Note: Only report a case once. Multiple emails about the same case slow the investigation.
After your report is received:
- Usortd will consider the circumstances of an alleged offence and the member’s trading record before taking action
- If a complaint can't be proven with certainty, Usortd may take no action
- Due to privacy issues, it is not possible for Usortd to discuss the results of an investigation
Seller Policy | Top
As a seller, you are responsible for ensuring a smooth and professional transaction with your buyers. This includes setting buyer expectations by providing accurate and consistent details regarding your item and the terms and conditions of the sale. You must also make every effort to meet buyer expectations by offering excellent customer service from listing the Groupbuy to item delivery, such as charging reasonable postage & packaging (P&P) fees, stating your dispatch time and, communicating promptly and professionally throughout the transaction, and ensuring the item is delivered to the buyer as described. You should also ensure that you include a comprehensive returns policy within your listing.
When policy breaches occur, Usortd emails the seller, as well as buyers that a listing has been ended. Learning about Usortd's selling policies before you list an item will help you to avoid unintentionally breaking rules (including the law). Usortd’s selling policies are updated to respond to marketplace, community and security issues, so it is important to check them regularly for changes.
Usortd’s policies are intended to:
- Support government laws and regulations
- Minimise risks to sellers
- Provide equal opportunity to all sellers
- Protect intellectual property rights
- Provide an enjoyable buying experience
- Support the values of the Usortd users.
- Breaches of Usortd policies can result in a range of actions, including:
- Listing cancellation
- Forfeit of Usortd fees on cancelled listings
- Limits on account privileges
- Account suspension
- Item description
The Groupbuy listing page serves as the main source of information for buyers, helping them decide what to buy and what to expect when they get an item or service. As such, the page should only be used to describe the item for sale and to professionally communicate the seller terms.
- Describe only the item or service you're selling in the listing and the terms of the sale
- Provide complete and accurate details
What not to do:
- You can't include conflicting or misleading product information in a listing.
- Pictures included in a listing have to show the item or service for sale.
- You can't include comments that discourage buyers from participating or that undermine either the buyer experience or confidence in the marketplace
- The Consumer Protection from Unfair Trading Regulations 2008 prohibits businesses from treating consumers unfairly. In particular, a misleading act or omission by the seller, which results in the buyer purchasing an item that they would not have otherwise purchased, is a criminal offence, in most cases.
Terms and conditions
It's important you clearly specify the terms and conditions of the sale in your listing, so buyers know what to expect.
- Include the following details in your listing:
- Forms of payment you accept
- Return policy
- Restocking fee if applicable
- P&P method, fees and other information
- Taxes and any applicable government imposed fees (e.g.| electronic waste disposal fees)
- Tell buyers about the terms of the transaction in your listing
- Meet the expectations you've set in your listing
What not to do:
- You can't provide inconsistent or misleading information on the terms and conditions of the sale.
- Here are some things you can't do:
- Change the terms of the sale once a buyer has committed to purchasing the item or service
- List different P&P charges in the listing description
- Provide false tracking information
- State that you accept returns in the listing, but refuse to honour it after the item has been purchased
When buyers join a Groupbuy or purchases an item through Usortd, they should feel confident that the item or service is available and will be delivered in a timely matter.
You must ensure that your items will be in stock for the duration of your listing.
If you run into an inventory problem that's beyond your control, you're responsible for letting the buyer know when the item will be available or issuing a refund immediately for the full amount.
- List an item or service that may be out of stock by the time of purchase
- List on Usortd the same individual item or service which has been offered for sale outside of Usortd
- Offer an item that won't be what will be delivered to the buyer
Under the Electronic Commerce (EC Directive) Regulations 2002, business sellers must provide clear indications of price if relevant, including any delivery or tax charges and your VAT number if your online activities are subject to VAT.
In addition, the Consumer Protection from Unfair Trading Regulations 2008, prohibit business sellers from engaging in unfair commercial practises which harm consumers’ economic interests. The provision of information about prices is one form of commercial practice.
In particular, the regulations prohibit business from:
- Misleading consumers about the price of a product, or the manner in which the price is calculated
- Misleading consumers as to the existence of a specific price advantage
- Omitting information on the price or any related charges including taxes, delivery and postal charges, unless these are already apparent from the context
- Misleading or confusing information about the applicability of taxes or customs fees that may be payable on the item which are not included in the sale or postage price
Delivery and dispatch time
Buyers want to know when they can get their items.
- Clearly and accurately specify in your listing when the item will be dispatched
- Post items immediately after purchase
- Use tracking, delivery or signature confirmation to ensure that both you and your buyer can track the package and know when it will be delivered
- For items above £150, use delivery and signature confirmation, which will help to protect you, should a case be opened that the item wasn't received
- Delaying delivery may affect your detailed seller ratings and buyer satisfaction.
- Say that you're not responsible for item delivery, or for ensuring that the item is delivered. For example, these statements aren't allowed:
- 'I'm not responsible for the item once it's been dropped in the mail'
- 'I'm not responsible for items lost in the post'
- 'Without insurance, I can't be responsible for items lost in the post'
Listing formats without dispatch time
- Classified ad format
- Property sale ad format
Categories that will not require dispatch time
- All motors categories
- Respond promptly to any questions during the bidding or buying process, and after the item has been purchased
- Be friendly and professional in all communication, including emails
- Send postal updates with tracking information if available
- Be responsive to any buyer concerns or problems
- Use profane or offensive language with anyone on Usortd
Under the Electronic Commerce (EC Directive) Regulations 2002 you must provide the following information in the Business Seller Information section of your listings:
- full contact details for your business
- details of any relevant trade organisations to which you belong
- details of any authorisation scheme relevant to your online business
- clear indications of price, if relevant, including any delivery or tax charges
- your VAT number, if your online activities are subject to VAT.
The Distance Selling Regulations generally apply to sales to non-business buyers made by sellers acting in the course of a business, which have been made at a distance. In other words, where there is no face-to-face contact between the seller and the buyer before the contract is made. The Distance Selling Regulations usually cover sales made over the internet, including:
- Buy Now listings on Usortd
- Groupbuy listing on Usortd.co.uk
Under the Distance Selling Regulations, buyers have a period of 7 working days after the date of delivery within which they can cancel the contract (often referred to as the "cooling off" period) and get their money back, including the original postage and packing charges. If the seller has not provided all the information required under the Distance Selling regulations before the contract is concluded, the buyer will have up to three months. You must refund the original delivery charges. However, you are permitted to require the buyer to pay for the cost of returning the item, but only if you clearly inform the buyer of this before the contract is made.
If your listing doesn't fall under the Distance Selling Regulations, you're not legally obliged to refund a buyer if they change their mind. However, you may choose to provide a service that goes beyond the minimum legal requirement in order to encourage consumers to buy from you.
Under the Sale of Goods Act 1979 (as amended), items sold by business sellers to non-business consumers must be:
- of 'satisfactory quality’
- ‘as described’
- ‘fit for purpose'
If an item you sell doesn't conform to these criteria, the buyer has the right to request money back within a "reasonable time". What is considered a "reasonable time" varies from item to item. For example, a pair of skis is unlikely to be used straight away, so a "reasonable time" is likely to be longer than for an item normally used on a daily basis. Other factors may also affect what is defined as a "reasonable time" for specific items. In addition, the Sale and Supply of Goods to Consumers Regulations 2002 gives consumers a right to a repair or replacement where goods turn out to be faulty.
Items damaged in the post
When a business sells an item to a consumer, the default position is that any loss or damage to the item that occurs in transit is the responsibility of the business. This means that you are likely to be required to replace items lost or damaged in the post. Most Usortd business sellers choose to replace lost and damaged items as a matter of course, using insured postage services where cost effective.
Prohibited and restricted items
Policies about listing items are often based on country and state laws. However, many restrictions involve the sale of controversial or sensitive items and are not necessarily prohibited by law. The limitations are a result of input by the Usortd Community.
There are three aspects of item restrictions – prohibited, questionable, and potentially infringing items.
Prohibited –- These items may not be listed on Usortd.
Examples of listings that are not allowed include:
- Items that are illegal or that encourage illegal activity.
- Items that are racially or ethnically inappropriate.
- Listings that do not offer an item or service for sale.
- Services that are illegal, sexual in nature or that breach Usortd’s User Agreement.
Questionable –-These items may be listed under certain conditions.
Examples of listings that are not allowed include:
- Listings of perishable items and do not identify in the item description the measures the seller will take to ensure that the goods are delivered to the buyer safely.
- Listing a reproduction of a Native American item and not listing it in the "Reproductions" section under the Native Americana category.
- Potentially infringing –- These items may be in breach of certain copyrights, trademarks, or other rights. Some items are not allowed, even though they may be legal, because they almost always infringe copyright or trademark laws.
Examples of listings that are not allowed include:
- Listings with counterfeit or bootleg items (counterfeits, replicas and unauthorised copies).
- Listings that include disclaimers of knowledge of, or responsibility for, the authenticity or legality of the items offered in their listings
- To avoid creating listings that would infringe upon intellectual property rights
Note: Even if you offer to give away for "free" (rather than sell) a prohibited, questionable, or infringing item, this will not absolve you of potential liability. This applies to both seller and buyer.
For a satisfying and fun experience on Usortd, we're helping sellers list their items in the most effective ways possible. As general rules, sellers have to:
Select a category that matches the item for sale.
Provide a clear, honest, and accurate description about the item.
Avoid tactics like keyword spamming because they make it hard for people to find what they're looking for.
However, it is against our policies to do anything that manipulates the search or browse experience on Usortd. This applies to all parts of a listing, including the title, subtitle, product details, description, pictures, links, and meta tags. If a seller uses tactics that can inappropriately divert bidders and buyers to a listing, we will take action.
Misrepresented items result in a poor shopping and finding experience for buyers because their search results show listings in which the buyer may have no interest. These practices also result in an unlevel playing field for sellers who do not use these techniques and attract fewer potential buyers.
Examples of listing practices that are not allowed on Usortd include:
- Using brand names or other words inappropriately for the purpose of attracting buyers to a listing (called keyword spamming).
- Creating titles for listings that do not accurately describe the item for sale.
- Listing in an inappropriate category. Item listings that belong in the Mature Audiences category that are found outside of that category will be ended.
- Listing items that include compilations and informational items that, for example, contain cross category information, are listed outside of The Everything Else, Information Products category or are combined as bonus items with any other listing.
Actions that avoid paying Usortd fees – Selling fees help Usortd support both buyers and sellers. Listing practices that circumvent (avoid) fees are unfair to sellers who pay the appropriate Usortd fees and may provide a poor buying experience.
Examples of listing practices that are not allowed on Usortd include:
- Offering the opportunity to buy the listed item or other items outside the Usortd online marketplace.
- Offering low item prices but unreasonably high postage or packing charges.
- Listing an item that requires an additional purchase.
- Including contact information (e.g., email addresses, domain names, phone numbers) in the listing title, subtitle, item location or images.
- Listing an item where a seller allows buyers to choose from a selection of items.
Completing the sale
If your item sells successfully, the sale needs to be completed.
Examples of actions that are not allowed on Usortd:
- Interfering with another member’s transaction.
- Accepting payment and sending an item that is significantly different from the item described in the item listing.
- Charging buyers an additional fee for their use of ordinary forms of payment including acceptance of cheques, postal orders, electronic transfers or credit cards.
If something goes wrong, including having problems with your buyer, there are options to help with your transaction problems.
Usortd allows discrete identification or ’credit‘ for third parties that provide services or products directly connected with the particular listing as long as they meet specific requirements.
If you see a listing that breaches Usortd policies, please report it by clicking the Report item link in the listing, or by clicking the Report or Contact Us link located on most of our help pages.
When a policy breach occurs, we email the seller and the buyer to let them know that the listing has been removed from Usortd.
Your participation and vigilance, as part of the Usortd users, is invaluable, in helping us, help you be a more successful seller.
Promotions and Competitions | Top
1. APPLICATION OF RULES
These General Rules apply to any prize draw promotion (each a “Promotion”) which is promoted by Usortd (“Promoter”) where the conditions of entry for that promotion incorporate by reference these General Rules (each a “Promotion”). These General Rules will remain on the website at www.usortd.com (“the Site”) during each Promotion. By participating in a Promotion, you are agreeing to be bound by the specific Promotion rules wherever appearing (the “Promotion Rules”) as well as these General Rules (together, the “Rules”). In the event of conflict between the Promotion Rules and the General Rules, the provisions of the Promotion Rules shall prevail.
Unless otherwise stated in the Rules, you must be: (i) resident in UK, (ii) aged 18 or over, and (iii) compliant with any additional eligibility requirement stated in the Promotion Rules.
The following are not eligible to participate: (i) Employees and immediate family members (including spouses/partners, parents, siblings, children and household members) of employees of any of; the Promoter, the Promoter’s parent and affiliated companies, the providers of any element of the prize and their respective franchisees, subsidiaries, agents and advisors, (ii) other persons assisting with this Promotion, (iii) any person not being an individual person; (iv) any syndicate or collection of persons acting in concert, and (v) any person entering via an agent or using the services of an entity carrying on the business of entering (or advising on entering) prize promotions.
Participation in the Promotion is scheduled to take place during the dates set out in the Promotion Rules. Unless the Promotion Rules state otherwise, all dates are inclusive, and Greenwich Mean Time or British Standard Time (whichever is in current effect in the UK and as determined by the Promoter’s servers) applies to all stated times.
4. HOW TO ENTER
All entries must comply with the instructions set out in the Promotion Rules, including properly completing the registration details required and (if applicable) entering a valid promotional code (where “valid” shall mean any code supplied direct to an eligible entrant by the Promoter which is submitted as part of a valid entry and is recorded as received for the first time by the Promotion servers - previously submitted codes will not be valid).
If the Promotion Rules require the posting of an entry form then (unless the instructions state otherwise) the form must be signed by the entrant and sent by pre-paid post addressed to the Promoter at the address stated at the end of these General Rules and naming the Promotion to arrive by no later than the closing date for receipt of entries stated in the Promotion Rules.
Unless otherwise stated in the Promotion Rules, there is a limit of one entry per person. No paper-based entries can be returned.
The number and nature of prizes are stipulated in the Promotion Rules.
Further details of prizes and copies of the specific terms and conditions of prize providers (if any) are available by sending a stamped SAE marking your envelope “Prize Details” to be received by no later than the end of the 30 days’ period after the closing date for receipt of entries to the Promoter at the address stated in the Promotion Rules.
In the event that the Promoter wishes to increase the prize pool during the currency of a Promotion it may (but shall not be obliged to) do so.
6. PRIZE DRAW
All valid entries received which have fully complied with all instructions set out in the Promotion Rules (including correctly answering any questions where applicable) will be collected together for a draw or draws on the date or dates (or as soon thereafter as is reasonably convenient for the Promoter) in each case as set out in the Promotion Rules. The prizes will be allocated to valid entries in the order drawn. The draw(s) will be carried out at random. In the event that any winning entry later proves to be invalid or adjudged void then the Promoter may (but shall not be obliged to) re-award the relevant prize as it sees fit.
Unsuccessful entrants will not be contacted, so if you have not been contacted within the time limit stated in the Promotion Rules for contacting winners after a draw, you are unlikely to have won.
7. PRIZE CONDITIONS
There is a limit of one prize per entrant in each Promotion.
All prizes are subject to change in the specification, and the Promoter reserves the right to change from those advertised in the event that supervening circumstances make this necessary.
Prizes may not be exchanged for any cash or other alternative are not transferable, divisible, permitted to be sold or resold and are not for use in conjunction with any other promotion or offer.
All advertisements depicting the prizes and their accompanying descriptions are illustrative rather than definitive.
8. PRIZE CLAIMS-PROCESS
The Promoter will attempt to contact the prize winner(s) in the manner stated in the Promotion Rules and within 30 days of the Promotion (or such later time as may be specified in the Promotion Rules). The Promoter will notify the prize winner if a response is required and, if so by when.
Failure to comply with any aspect of the claims-process or within any of the times stipulated shall mean that the winner’s claim will lapse and become invalid and the prize may be re-awarded (but without obligation upon the Promoter to do so).
Once the claims process has been satisfactorily completed the prize will (if capable of physical delivery) be dispatched by post to the address provided by the winner on claiming.
To the fullest extent permitted by applicable law (but not otherwise) the Promoter, the Promoter’s parent and affiliated companies and each of their respective agents assume no responsibility and are not liable for:- (i) the accuracy or otherwise of the prize description or illustration, (ii) (where applicable) the non-availability, loss, interception or interference with, late or non receipt, corruption or damage of or to any entry, prize claim, of any code, prize-claim, prize or notification or other communication and whether by reason of mobile-telephone network-operator error or other problem, failed or corrupted transmission, handset failure (including full or unserviceable inbox), postal service error or otherwise, (iii) (other than those warranties or conditions implied by statute and which cannot be excluded by the Promoter) any representation, warranty, condition or guarantee in respect of a prize (iv) (where applicable) any person whose phone, mobile phone, computer or other equipment or facility is used to text-in an entry without the owner’s permission, (v) any taxes, fees, charges or other costs, which winners, may be required to pay at any time in connection with a prize, (save to the extent that the Promoter has expressly and specifically accepted responsibility in the Rules for the same), or (vi) any actual or perceived loss of opportunity or damage arising in connection with the termination or suspension of the Promotion (or any part, feature or element of the Promotion) at any time and which suspension or termination is due to supervening circumstances beyond the Promoter’s control (although the Promoter will still honour any valid prize claims received prior to the termination or suspension).
All prizes remain the property of the suppliers, pending delivery to winners, and the Promoter is not responsible for the supply of, and does not own, any prizes provided by other suppliers nor acts as their agent in relation to the delivery to winners of prizes supplied by other suppliers.
10. THE PROMOTER’S RIGHTS
The Promoter may (i) extend any time limit or waive any of the Rules where a person might otherwise have been disqualified (without obliging the Promoter to relax the Rules on any further occasion for that entrant or at all for any other person), (ii) terminate, extend or suspend the Promotion (or any part, feature or element of the Promotion) at any time where this is necessary or desirable due to supervening circumstances beyond the Promoter’s control including (without limit) those which the Promoter determines have or are likely to compromise the security or credibility of the Promotion (or the affected part, feature or element of it), and (iii) substitute a product or activity deemed to be an appropriate replacement and of equal or greater value in the place of any of the prizes (or any part of a prize to the extent divisible). The Promoter’s decision in the exercise or interpretation of any of its rights or discretion in connection with these Rules shall be final and binding.
The Promoter use personal information collected from you at the time of entering the Promotion for the publicity stated in the “General” section below, for any express purpose stated in the Promotion Rules such as sending periodic marketing communications featuring offers and information about the Promoter’s hotels, as well as for administering the Promotion. In relation to such administration, unless it has first obtained your consent, the Promoter (i) will not collect more of your personal information than needed for the purpose of administering and analysing the Promotion (including carrying out security checks as stated), (ii) will only use your personal information for that purpose which may include transferring your personal information to its associates, and (iii) will not transfer your personal information outside the European Economic Area unless it is permitted to do so under the Data Protection Act 1998.
As well as details of names and counties, you agree that, should you be a winner of any prize, then the Promoter may use in marketing communications, in any media, worldwide your position or association with the Promoter and/or any statements made by or attributed to you relating to the Promoter or this or any other promotion or offer together with your image, likeness, voice and background and without entitlement to any payment or compensation therefore.
The Promoter and/or the prize providers may carry out such background checks and require such information, (in addition to the information required, to be given on prize claims), as they consider necessary or desirable for the purposes of verifying any claim and/or any entrant’s compliance with the Rules and any prize may be withheld (and further entry to that or any other Promotion, barred) unless and until the Promoter, and any prize provider is satisfied with the verification.
Should the Promoter determine, based on the evidence in its possession (and in the Promoter’s sole opinion), at any given time that (i) any entry is incomplete, damaged or unreadable or is made by an ineligible person (ii) any entry or entrant fails to comply with any of these Rules or (iii) any person is misusing or tampering or attempting to misuse or tamper with the proper conduct of the Promotion, then the Promoter may adjudge (in its sole discretion) that such entrant is ineligible to take part in this Promotion, and every other promotions or offer of the Promoter and every entry, claim and request by that entrant then in process shall be invalid and have no force or effect so that the Promoter is entitled to disregard them all.
A list of the names and counties of prize winners will either be available for inspection on the Site for a reasonable period of time after each Promotion or (if not posted) may be obtained by sending a signed hand-written request specifying your requirements along with a stamped addressed envelope to the Promoter at the address specified in the Promotion Rules.
Entry to the Promotion amounts to acceptance of the Rules and to their interpretation under English law and by the English courts. All age limits shall be deemed to be actual age as at the time of acceptance of the Rules, unless expressly stated otherwise in the Rules.
Nothing in the Rules shall affect your statutory rights. The Promoter may (in its sole discretion) decline to enter into any correspondence save as otherwise stated in the Rules.
Any person with a disability preventing compliance with any stated requirement should contact the Promoter by writing to the address specified in the Promotion Rules or by using the contact details featured on the Site or (if impaired from doing either) by contacting the Promoter by whatever other means are practicable for that person.