Terms & Conditions

ToolSeller Terms of Use

Introduction

Welcome to ToolSeller. By accessing www.toolseller.co.uk and its related websites, services, applications or tools (Collectively referred to as “ToolSeller”) you are agreeing to the following terms, including those available by hyperlink, which are designed to make sure that ToolSeller works for everyone. ToolSeller is provided to you by ToolSeller.co.uk. These Terms of Use constitute a legally binding agreement between you and ToolSeller.co.uk and are effective and upon acceptance for new users. You accept these Terms of Use by clicking the “Create Account” button when registering a ToolSeller account and by otherwise accessing or using the ToolSeller websites, services, applications and tools, including posting an ad; or as otherwise indicated on a specific site, service, application or tool.

Using ToolSeller

As a condition of your use of ToolSeller (including ToolSeller.co.uk and its related websites, services, applications and tools) you agree that you will not:

  • violate any laws;
  • violate the Posting Rules;
  • post any threatening, abusive, defamatory, obscene or indecent material;
  • post or otherwise communicate any false or misleading material or message of any kind;
  • infringe any third-party right;
  • distribute spam, chain letters, or promote pyramid schemes;
  • distribute viruses or any other technologies that may harm ToolSeller or the interests or property of ToolSeller users;
  • impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of ToolSeller;
  • copy, modify, or distribute any other person’s content without their consent;
  • use any robot spider, scraper or other automated means to access ToolSeller and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • copy, modify or distribute rights or content from the ToolSeller site, services, applications or tools or ToolSeller’s copyrights and trademarks;
  • harvest or otherwise collect information about users, including email addresses, without their consent
  • bypass measures used to prevent or restrict access to ToolSeller;
  • sell any counterfeit or stolen items or otherwise infringe the copyright, trademark or other rights of third parties.

It is a requirement of the ToolSeller site that the serial number or proof of purchase/ownership must be displayed or made available upon request when listing certain types of items such as  but not limited to power tools. If this requirement is not fulfilled, ToolSeller admin reserves the right to request the missing information and remove the listing from display until such information is made available.

You are solely responsible for all information that you submit to ToolSeller and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user’s usage of ToolSeller either temporarily or permanently, or refuse a user’s registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on the ToolSeller websites, services, applications or tools, we may, at our discretion, inform other ToolSeller users that have been in contact with you and recommend that they exercise caution.

Abusing ToolSeller

ToolSeller works to keep the ToolSeller website, services, applications and tools working properly and the community safe. Please report problems, offensive content and policy breaches to us by contacting administration.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off ToolSeller if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the ToolSeller employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off ToolSeller or not, we do not have any obligation to monitor the information transmitted or stored on our sites, services, applications and tools and we do not accept any liability for unauthorized or unlawful content on ToolSeller or use of ToolSeller by users.

Global Marketplace

Some of ToolSeller’s features may display your ad on other sites, services, applications and tools that are part of the ToolSeller community, such as Twitter and Facebook. By using ToolSeller, you agree that your ads can be displayed on these other sites, services, applications and tools. When your ad is posted on another site, service, application or tool, you may be responsible for ensuring that it does not violate such other site, service, application and tool policies. We may remove your ad if it is reported on any of our sites, services, applications or tools, or if we believe it causes problems or violates any law or policy.

Fees and Services

Using ToolSeller is generally free, but we may charge a fee for certain services. If the service you use incurs a fee, you’ll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in Pounds Sterling, and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on the ToolSeller website. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

You are responsible for paying the ToolSeller fees when they’re due. If you don’t, without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

You acknowledge that your ads may be deleted from the ToolSeller site, services, applications or tools in case we believe these Terms of Use, including our Posting Rules, are breached, either directly or indirectly. In case you would have paid a fee for the display of such ad, you may be entitled to a refund of such fee. However, we reserve the right not to refund the ToolSeller users for any fees paid through use of our sites, services, applications and tools in the following cases:

  • If you breach, in our opinion, these Terms of Use, which include, without limitation, the Posting Rules;
  • If your ads went live with exposure on the ToolSeller sites, services, applications or tools, even for a limited time, and that they benefited from the service associated with the paid fee;
  • If your ads are placed into “edit” mode and will go live to site once updated by you;
  • If you have removed your ads yourself;
  • If you post duplicate ads as defined in our rules regarding duplicate ads;
  • If we believe that your ads are in a significantly wrong category;
  • Please note that the above list is not exhaustive. See the ToolSeller Refunds Help Page for more details on the cases in which you may, or may not, be entitled to a refund of such fees.

Content

ToolSeller contains content from us, you, and other users. ToolSeller is protected by copyright laws and international treaties. Content displayed on or via ToolSeller is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from ToolSeller without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in ToolSeller. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of ToolSeller (other than your own content). When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future and on all other sites, services, applications and tools that are part of the ToolSeller community. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

ToolSeller may at times use third party data suppliers to supplement the information you have provided in an ad. This could include descriptions, product specifications and other content. You may use such information solely in connection with your ToolSeller ad during the time your ad is on the ToolSeller site. The information provided may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content (other than by including them in your ads).This permission is subject to modification or revocation at any time at ToolSeller’s sole discretion.

You may not have the opportunity to review all of the supplemental data before posting an ad. ToolSeller is not responsible for the accuracy of any third party supplied supplemental data. You continue to be responsible for ensuring that your ads are accurate, do not include misleading information and fully comply with these Terms of Use and all ToolSeller policies. If you notice inaccuracies in this data after your ad appears on the site please get in touch with us.

Infringement

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of products of all sorts are offered on ToolSeller by private individuals in the UK. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by ToolSeller.

Reporting an infringement:

In order to report an Infringement, you should contact the site administration via the homepage. The information submitted to administration for Notice of Infringement is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorized representative. This information must also enable ToolSeller to identify the advertisement to be removed. Once we have received your correctly submitted Notice of Infringement, you can simply send later reports to ToolSeller via the e-mail address provided.

Liability

Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

We do not review users’ postings and are not involved in the actual transactions between users. As most of the content on ToolSeller comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use ToolSeller, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Pounds Sterling.

Release

If you have a dispute with one or more ToolSeller users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

Third party rights

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

Personal Information

By using ToolSeller, you agree to the collection, transfer, storage and use of your personal information by ToolSeller on servers located globally as further described in our Privacy policy. You also agree to receive marketing communications from us unless you tell us that you prefer not receive such communications.

Resolution of disputes

If a dispute arises between you and ToolSeller, we strongly encourage you to first contact us directly to seek a resolution by going to the ToolSeller contact us page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General

These terms and the other policies posted on ToolSeller constitute the entire agreement between ToolSeller and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

This Agreement shall be governed and construed in all respects by the laws of England and Wales. You agree that any claim or dispute you may have against ToolSeller.co.uk  must be resolved by the courts of England and Wales. You and ToolSeller both agree to submit to the exclusive jurisdiction of the English Courts.

If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

Except for notices relating to illegal or infringing content, your notices to us must be sent by email via the contact us page of ToolSeller.co.uk. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.

We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the ToolSeller website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.