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18 May 2008

Terms and Conditions

USER AGREEMENT

For the purpose of these terms and conditions of web site use;
"Nappy Valley", "we" or "us" means Nappy Valley Ltd.
“The Site” means nappyvalley.co.uk.
“Seller” means anyone who places an ad on the site.
“Buyer” means anyone who contacts a “Seller” in order to view or purchase goods from them.

Nappy Valley is a trading name of Nappy Valley Ltd, registered in England number 5778196.

Please read this carefully. By using this web site you are agreeing to be legally bound by the terms that appear below, which will take effect immediately when you register/first use Nappy Valley. If you do not agree to be legally bound by the following terms and conditions, please do not register, access and/or use Nappy Valley.

1 OUR SERVICE
1.1 Nappy Valley, through its website nappyvalley.co.uk, provides an online classified advertising medium for second-hand baby and children’s items. The Site enables sellers to open an account with us in order to place, edit and delete ads online. The Site enables buyers to search for items for sale by distance from their postcode and to contact sellers directly via the website.
1.2 Nappy Valley acts solely as a medium for advertising. We do not own items offered for sale on the Site and are not involved in transactions between buyers and sellers. We do not accept any responsibility or liability for any aspect of any sale. We have no control over the quality, legality, safety or accuracy of any product offered for sale, nor can we guarantee the integrity of the providers or purchasers of such products. We are not responsible for ensuring that buyers and sellers actually complete a transaction.

2 USER RESPONSIBILITIES
2.1 Sellers of items accept full responsibility for their adverts, the items they are selling and any transaction carried out with interested buyers. Buyers should exercise appropriate common sense when agreeing to meet with sellers. If meeting a buyer or seller contacted through Nappy Valley, we recommend you choose a popular meeting spot during daylight hours as specified in the friendly advice section of the website. We accept no responsibility for any damages caused to people or property resulting from a transaction between buyer and seller. We ask that all users act appropriately and responsibly when meeting a buyer and/or seller and users accept full responsibility for any meeting they may arrange with someone contacted through Nappy Valley. Any problems experienced from a transaction with a buyer or seller may be reported to info@nappyvalley.co.uk and action may be taken at our discretion to remove any user.
2.2 You agree that the information you provide through Nappy Valley must be accurate and not misleading, fraudulent, deceptive, offensive, threatening, indecent, copyrighted or otherwise not contributing to our positive trading environment. You agree to have physical possession of and full title rights to the items you are advertising, and that advertising such items is not in breach of any laws or regulations prohibiting the sale or advertisement of such items. You also agree to virus check all photos uploaded and not to transmit any viruses, trojans, worms or anything otherwise attached or uploaded to the website. Users accept full responsibility for the content of their adverts, and agree to write their own information for adverts and not include any misleading or copyrighted information.
2.3 You also agree that you will not use other user information, including contact information, to do anything but contact them about items for sale unless you have the written permission of the user. Any other use of user information is prohibited, including sending any marketing, advertising, spam, or other unsolicited e-mails or contact otherwise. We ask users to report any breach of this condition to info@nappyvalley.co.uk.

3 PLACING AN AD
3.1 You must have completed the registration process in order to place an ad.
3.2 The price for placing a classified ad on the site is £2.00 for up to 3 months for private individuals. Small business advertisers may place a classified ad on the site for £30 for up to 3 months and must contact advertising@nappyvalley.co.uk before placing the ad. Failure for small businesses to comply with this condition, will lead to the automatic deletion of the ad. Nappy Valley reserves the right to change its pricing policy at any time. All advertisements are to be paid for in full prior to publication online. However, ads may be saved in user accounts and paid for and published online at a later date
3.3 Once an ad has been placed and paid for, the service provided by Nappy Valley is complete. Nappy Valley is therefore unable to offer any refunds.
3.4 Once an ad has been placed and paid for, users can edit the ad at any time at no extra charge. It should be noted that the date the original ad was posted will remain as the “date posted” for display and sorting purposes.
3.4 Items placed for sale must be allocated to a relevant category. Bundling items for sale is acceptable as long as all the items fall within the same category. Bundling of items is encouraged for categories such as clothes, and low value toys.
3.5 A postcode must be provided for the location of an item placed for sale. This can be different to the postcode submitted at the time of registration. The postcode will provide a link to a map to show potential Buyers the location of the item for sale.
3.6 Payment for placing an ad is by PayPal. Users will be directed to the Paypal site in order to proceed with payment. Payment to Paypal can be made by debit or credit card. Once the transaction is complete, Paypal will send a confirmation email to users registered email address. It is important after payments have been made, that users return to the Nappy Valley website.
3.7 Payments can also be made by cheque. Cheques should be made payable to Nappy Valley Ltd, and sent to Nappy Valley Ltd, 35 Ravenslea Road, London SW12 8SL. Users will be notified by email when their cheque has cleared and their ad posted online. Please allow 7 working days after posting your cheque for this service.
3.8 We will confirm acceptance of your ad on screen once we have received confirmation of your payment from Paypal. Your ad will then appear online immediately.
3.9 It is Sellers responsibility to promptly delete their ads when items have been sold. Sellers will automatically receive an email before ads are due to expire, offering them the chance to re-new the ad for an additional 3 month period at an additional cost of £2. If the ad is not extended, the ad will no longer appear online but will remain saved in the Seller’s account until it is removed.

4 THE SITE
4.1 Nappy Valley reserves the right to change the content, presentation, performance user facilities and availability of any part of the Site at its sole discretion and without notice. It is the user’s responsibility to refer to and update itself in relation to any changes made.
4.2 Nappy Valley makes no warranty as to the continuous availability of the Site, but shall use reasonable endeavors to keep down time to a minimum.

5 WARRANTY AND LIABILITY
5.1 While Nappy Valley endeavours to ensure that the Site is available 24 hours a day, Nappy Valley shall not be liable if for any reason the Site is unavailable at any time or for any period. Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Nappy Valley's control.
5.2 In the event you wish to pursue any action, claim or right against any other user of Nappy Valley, you agree to do so independently of Nappy Valley Ltd. and without recourse to us. Furthermore, you agree to release Nappy Valley Ltd. from any and all claims, liability, damages, losses, costs and expenses arising, including legal fees, from or connected with any action, claim or right.

6 PRIVACY
6.1 We respect your privacy. The personal information that you give us is held with care and security. We will never sell, rent or transfer this information to third parties for their marketing purposes. Our full privacy policy.
6.2 At the time of your registration you will have chosen a password. Please keep this secret, as you are entirely responsible if you do not maintain the confidentiality of your password. You are entirely responsible for all ads placed with us or information given to us under your e-mail address in combination with your password. You must immediately notify us of any unauthorised use of your e-mail address and/or password or any breach of security known to you.

7 BREACH
7.1 Nappy Valley may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your registration if:
  • You breach this Agreement
  • Nappy Valley is unable to verify or authenticate any information you provide to us
  • Nappy Valley believes that your action may cause legal liability to you, our users or us
8 GENERAL
8.1 We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
8.2 If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
8.3 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us. You may not copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
8.4 These Terms and Conditions will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute which may arise between them. Nappyvalley.co.uk is operated by Nappy Valley Limited of 35 Ravenslea Road, London SW12 8SL, UK.



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