General Terms and Conditions

Welcome to iartbroker. These terms and conditions apply to the services available from the domain and sub-domains of http://www.iartbroker.com (the "Site"). You are contracting with:

iartbroker,
Summergill,
Kirkby Malham,
Skipton,
North Yorkshire,
BD23 4BS,
England.

In this User Agreement, all iartbroker contracting parties are known as "iartbroker", "we", "us" or "our".

Your use of our services is governed by the following terms and conditions (together, the "User Agreement"). Before you can become a member of iartbroker, you must read and accept all of the terms and conditions of this User. You should read through all the terms carefully. The User Agreement constitutes a legally binding agreement between you and iartbroker. This User Agreement is valid from 1 November 2007 and is effective upon acceptance for new users.

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 your iartbroker membership has been suspended.

While using the Site, you will not:

1. post, list or upload content or items in inappropriate categories or areas on the Site;
2. breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties;
3. breach our policies;
4. manipulate the price of any item or interfere with other users' listings;
5. circumvent or manipulate iartbroker's fee structure, the billing process, or fees owed to iartbroker;
6. post, list or upload false, inaccurate, misleading or defamatory content (including personal information);
7. transfer your iartbroker account and User ID to another party without our express consent;
8. distribute or post spam, chain letters, or pyramid schemes;
9. distribute viruses or any other technologies that may harm iartbroker, or the interests or property of iartbroker users;
10. copy, modify, or distribute iartbroker's copyrighted works or trade marks, or other content from the Site, without our express consent; or
11. harvest or otherwise collect information about users, including email addresses, without their express consent.

If you are registering with iartbroker as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on iartbroker, you must comply with all applicable laws relating to online trading.

We will commence supplying our services to you as soon as you accept this User Agreement. Unless you and iartbroker 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.

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 removing listings and other hosted content), warn the iartbroker community not to transact with you and/or take technical and legal steps to stop you from using the Site if:

1. we think that you are creating problems (including, without limitation, by harassing iartbroker staff or other users) or exposing us or another iartbroker user to financial loss or legal liabilities;
2. we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies; despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
3. We also reserve the right to cancel unconfirmed accounts.

You agree not to hold iartbroker responsible for any loss you may incur as a result of iartbroker taking any of the actions described above.

We do not tolerate spam (unsolicited commercial communications). Please set your iartbroker notification preferences so we communicate to you as you prefer. You may not add other iartbroker 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. If you send an e-mail to an e-mail address that is not a registered iartbroker e-mail address belonging to an iartbroker 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 other iartbroker users, please contact enquiries@iartbroker.com

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.

We do charge fees for 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 the iartbroker 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 a posting on the Site's announcements board. We may choose to temporarily change the fees for our services for promotional events 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.

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trade marks, 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.)

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 hold iartbroker responsible for other users' actions or inactions. We do not review user's listings and we are not party to the actual transactions between buyers and sellers. You will not hold iartbroker responsible for the actions or inactions of buyers or sellers involved in transactions or for ensuring that they actually complete transactions.

We have no control over, do not guarantee, and you will not hold us responsible for:

1. the quality, safety or legality of items advertised;
2. the truth or accuracy of listings;
3. the truth or accuracy of feedback or other content posted by users on the Site;
4. the ability of sellers to sell items;
5. the ability of buyers to pay for items; or
6. 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. iartbroker 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 endeavours 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.

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.

You agree that you will not:

1. take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
2. 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 of iartbroker and the appropriate third party, as applicable;
3. interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;

We do not sell or rent your personal information to third parties for their marketing purposes without your express consent. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. If you object to your information being transferred or used in this way please do not use our services.

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, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement.

Except as explicitly stated otherwise, notices to iartbroker shall be sent by registered mail to iartbroker, Summergill, Kirkby Malham, Skipton, North Yorkshire, BD23 4BS, England. 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 to iartbroker when you registered as a member of iartbroker. 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. 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.

This User Agreement shall be governed by and construed in accordance with English law. You and iartbroker both agree to submit to the non-exclusive jurisdiction of the English Courts.

If a dispute arises between you and iartbroker, we strongly encourage you to first seek a resolution by contacting enquiries@iartbroker.co.uk. Alternatively you may address complaints to iartbroker Summergill, Kirkby Malham, Skipton, North Yorkshire, BD23 4BS, England. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.