Please read these Terms carefully, as they set out our and your legal rights and obligations in relation to our Website.
By using our Website you agree to be bound by these Terms; and if register with the Website, we will ask you to expressly agree to these Terms.
We will not file a copy of these Terms specifically in relation to you, and they may not be accessible on our Website in future. You should therefore print a copy of these Terms for future reference.
1. Definitions and interpretation
1.1 In these Terms:
(a) a person who buys (or proposes to buy) a Product via the Website; and
(b) a person who trades (or offers to trade) a Product for another Product via the Website, in respect of the Product that that person obtains (or proposes to obtain) only;
“Conditions of Sale” means the legal terms and conditions governing a sale or trade of Products entered into between a Buyer and a Seller (which for the avoidance of doubt may be written or unwritten, express or implied);
“Force Majeure Event” means any event which is beyond our reasonable control (including without limitation failures of or problems with the internet or a part of the internet, failures of any of our internet service providers, hacker attacks, virus and other malicious software attacks or infections, power failures, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars);
“Intellectual Property Rights” means all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application or right of application), including without limitation copyright, moral rights, performers’ rights, performers’ moral rights, know-how, confidential information, trade secrets, business names and domain names, trade marks, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off;
“Listing” means a listing of a Product or Products on the Website, which may be a listing by way of auction, Dutch auction, fixed price sale, classified advertisement, trade or otherwise (and “Listed” shall be construed accordingly);
“Products” means the computer and video games [and related items] Listed, auctioned, offered for sale, sold, purchased and/or traded by Sellers and/or Buyers via the Website;
(a) a person who sells (or proposes to sell) a Product via the Website; and
(b) a person who trades (or offers to trade) a Product for another Product via the Website, in respect of the Product that that person relinquishes (or proposes to relinquish) only;
“Seller Information” means all information relating to the Seller and/or the Seller's Products hosted or published on, or transmitted via, the Website, or supplied or provided to Buyers;
“User Content” means all works, materials and content that you copy, store, host, transit, send, publish or distribute via the Website including, without limitation, your Seller Information, feedback that you provide and your contributions to our forum;
“Website” means the website at www.yourgametrade.com or any successor site operated by us from time to time; and
“Yourgametrade Fees” means the fees due to us in accordance with Clause 10.
1.2 References in these Terms to “we” or “us” mean Yourgametrade (details below).
1.3 References in these Terms to “you” mean: any person using the Website; and in the case of Buyers, the person (natural or legal) making or proposing to make a purchase of Products; and in the case of Sellers, the person (natural or legal) making or proposing to make a sale of Products.
2. Intellectual Property Rights
2.1 We or our licensors own the Intellectual Property Rights in the Website and material on the Website.
2.2 You may view, download for caching purposes only, and print pages from the Website for your own use , subject to the restrictions below.
2.3 Save where you are acting in relation to material in which you own or are the licensee of the relevant rights, you must not:
(a) republish material from this Website (including republication on another website);
(b) sell, rent or sub-license material on the Website; or
(c) distribute or redistribute material from the Website.
2.4 You must not edit or otherwise modify any material on the Website, save:
(a) where you are acting in relation to material in which you own or are the licensee of the relevant rights; or
(b) in the course of using a feature of the Website designed for editing or modifying such material.
2.5 You grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence:
(a) to copy, store, host, transit, send or distribute, and to publish on the Website all User Content that you publish (or request that we publish) on the Website; and
(b) to copy, store, host, transit, send or distribute all other User Content.
3. Acceptable use
3.1 You must not use the Website:
(a) in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or
(b) in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
3.2 User Content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
3.3 User Content (and its publication on the Website) must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral rights, database rights, trade mark rights, design rights, rights in passing off, or other intellectual property rights;
(d) infringe any rights of confidence, rights of privacy, or rights under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation; or
(k) be in breach of any contractual obligation owed to any person.
3.4 You must not submit any User Content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
3.5 User Content must not depict violence in a explicit, graphic or gratuitous manner.
3.6 Content must not be pornographic or sexually explicit, or consist of or include explicit, graphic or gratuitous material of a sexual nature.
3.7 User Content must not be untrue, false, inaccurate or misleading.
3.8 Statements of fact contained in User Content must be true; and statements of opinion contained on Content must be truly held and where possible based upon facts which are true.
3.9 User Content must not consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage.
3.10 User Content must not constitute spam, and you must not use our Website to transmit or send unsolicited commercial communications.
3.11 You must not use our Website to market, distribute or post chain letters or pyramid schemes or similar material.
3.12 User Content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.
3.13 User Content must not be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory.
3.14 User Content should not cause annoyance, inconvenience or needless anxiety.
3.15 You must not use the Website to copy, store, host, transit, send, publish or distribute any material which consists of (or directly or indirectly links to) any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
3.16 You must not link to any website or web page containing material that would, were it posted on the Website, breach the preceding provisions of these Terms.
3.17 You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without our express written consent.
3.18 You must not manipulate the price of any Product Listed by way of auction or Dutch auction, and you must not be in any way involved with shill bidding in relation to the Website.
3.19 You will not use the personal information of other users obtained from or in relation to the Website for any purpose other than the purpose of arranging and carrying out Website-related transactions, and you will in any event always use such personal information in accordance with applicable laws (including the Data Protection Act 1998).
4. Registered users
4.1 Access to certain areas of the Website is restricted to registered users. We reserve the right to restrict access to other areas of the Website, or indeed the whole Website, at our discretion.
4.2 In order to become a registered user, you must complete the registration form on the Website, and then complete the verification form on the Website using the code that we will email to you.
4.3 You warrant that all information that you provide to us during the registration process and thereafter is true, accurate, reasonably complete, and not misleading. Registered users must verify, within a reasonable time of receiving a request from us, any information that the registered user has supplied to us.
4.4 You undertake to keep all information we hold in our database submitted by you up-to-date.
4.5 You must not allow any other person to use any user ID and password, and you must ensure that your user ID and password are kept confidential.
4.6 You accept responsibility for all activities that occur under or in relation to your user ID and password.
4.7 We reserve the right to reject at any time any application to become a registered user in our sole discretion, and may delete any registered user account in our sole discretion.
4.8 We will commence providing our services to you as soon as you register and accept these Terms. Accordingly, unless we agree otherwise in writing, you will have not right to cancel the agreement between us and you under the Consumer Protection (Distance Selling) Regulations 2000 or otherwise.
5. Auctions, sales and trades
5.1 We may vary the services available on the Website in our absolute discretion at any time, with or without notice.
5.2 Subject to the prior payment of any applicable Sellers, may create Listings for Products on the Website, which Listings may be by way of:
(b) Dutch auction;
(c) fixed prices sale;
(d) classified advertisement; or
5.3 Buyers may bid upon Listings by way of auction or Dutch auction, and may purchase Products Listed by way of fixed price sale or classified advertisement, and may offer to trade Products Listed by way of trade.
5.4 We may delete any Listing in our sole discretion at any time. Where we delete an auction or Dutch auction Listing before it ends, any bids made in relation to that Listing will be void.
Both Buyers and Sellers agree that a contract for the sale or trade of a Product or Products will come into force between them (and they will commit to buying or selling or trading the relevant Product(s)) in the following circumstances:
(a) in the case of a Listing by way of auction;
(b) in the case of a Listing by way of Dutch auction;
(c) in the case of a Listing by way of fixed price sale;
(d) in the case of a Listing by way of classified advertisement; and
(e) in the case of a Listing by way of trade.
7. Seller obligations
7.1 The only Products which may be Listed on the Website are computer and video games [and related products] which it is legal for the Seller to sell and offer for sale under applicable law, and which do not violate any third party Intellectual Property Rights or other legal rights, and do not give rise to any cause of action against any person under any applicable law.
7.2 Sellers must use an appropriate form of Listing for their Products.
7.3 Sellers must ensure that all Seller Information complies with the provisions of Clause 3 and is provided in an appropriate form or format.
7.4 If you become aware of any Seller Information on the Website which breaches these Terms, you must notify us immediately.
7.5 Sellers must ensure that all prices for Products are listed in pounds Sterling only.
7.6 Sellers undertake to comply with all laws applicable to their Listings and consequent sales and trades, including without limitation (where applicable) the The Consumer Protection (Distance Selling) Regulations 2000 and the The Electronic Commerce (EC Directive) Regulations 2002.
7.7 Sellers must comply with the Conditions of Sale in all respects.
8. Buyer obligations
8.1 Buyers must only bid on Product auctions where they have a serious intention of buying the Product.
8.2 Buyers must make payment via Paypal in full and promptly, and in any event within 48 hours following the relevant time stated in Clause 6.
8.3 Buyers must comply with all applicable laws in relation to any proposed or actual purchase or trade of Products.
8.4 Buyers must comply with the Conditions of Sale in all respects.
9. Conditions of Sale
Except to the extent that the Buyer and Seller expressly agree otherwise, the following provisions will be incorporated into the Conditions of Sale between the Buyer and the Seller:
(a) the price for Products will be as stated in the Listing;
(b) delivery charges, insurance costs and taxes will only be payable by the Buyer if this is expressly and clearly stated in the Listing;
(c) deliveries of Products must be made within 30 days of the relevant date stated in Clause 6;
(d) appropriate means of delivery of Products must be used by the Seller; and
(e) Products must conform in all material respects to the Seller Information and any other information provided by the Seller to the Buyer.
10. Yourgametrade Fees
10.1 Registration and bidding on or purchasing Products is free.
10.2 Save where you are entitled to a free Listing in accordance with Clause 11, you must pay to us in advance of the commencement of the Listing all applicable Yourgametrade Fees, which will be listed on the Website from time to time and may be varied by us in our sole discretion.
10.3 We may from time to time in our absolute discretion set up a Seller account which will enable a Seller to place Listings without advance payment, and in these circumstances we will invoice for the Yourgametrade Fees monthly or otherwise from time to time, and such invoices will be payable within 30 days following the date of the invoice. Seller accounts will be subject to credit limits which we may vary from time to time in our absolute discretion.
10.4 We will be entitled to charge interest on any overdue amount under these Terms at the annual rate of 8% above the base rate of HSBC Bank Plc from time to time. Such interest will accrue daily and be compounded quarterly.
11. Free Listings
We may from time to time permit registered users to post free Listings. Free Listings will be subject to all the usual rules relating to Listings, in addition to any special rules stated on the Website from time to time.
12.1 You warrant to us that:
(a) where you are an individual, you are at least 18 years of age, are resident in and are using the Website from the United Kingdom, and you that can lawfully enter into and form contracts;
(b) where you are registering on behalf of a business, that that business is established in the United Kingdom; and
(c) you have full authority, power and capacity to enter into these Terms and that all necessary actions have been taken to enable you to lawfully enter into these Terms.
12.2 Whilst we endeavour to ensure that the information on the Website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up-to-date.
12.3 We do not undertake to monitor your use of the Website or the posting of any material by you or any third party on the Website.
12.4 Subject to the warranties expressly set out in these Terms, we do not grant to you any warranties or make any representations relating to the Website or your use of the Website, and we exclude all such warranties and representations.
13. Indemnity You will indemnify us and keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any term of these Terms, or arising out of any claim that you have breached any term of these Terms.
14. Limitations of liability
14.1 Nothing in these Terms will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law. 14.2 Subject to Clause 14.1 we will not be liable to you for:
(a) any consequential, special or indirect loss or damage; and
(b) any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings; arising under these Terms or in connection with the Website, whether arising in tort, contract, or otherwise.
14.3 In addition, and subject to Clause
14.1, to the extent that information and services on the Website are provided free-of-charge, you acknowledge that it would be unreasonable to hold us liable in respect of that information and those services, and we exclude all liability in relation to that information and those services.
14.4 We will not be liable for any loss or damage arising out of a Force Majeure Event. Where a Force Majeure Event gives rise to a failure or delay in us performing our obligations under these Terms, those obligations will be suspended for the duration of the Force Majeure Event.
14.5 If, notwithstanding the limitations of liability in these Terms, we are found to be liable to you, our liability will be limited in any 12 month period to the total Yourgametrade Fees you paid to us during that period.
14.6 You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, and subject to Clause 14.1, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the Website. The provisions of this Clause 14.6 will not limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.
14.7 Subject to Clause 14.1, Buyers and Sellers acknowledge that:
(a) we do not confirm the identity of Buyers or Sellers, check the credit worthiness or bona fides of Buyers or Sellers, or otherwise vet Buyers or Sellers
(b) we do not check, audit or monitor Seller Information;
(c) we provide a marketplace for Buyers and Sellers and are not party to the sale or purchase of Products sold via the Website; and
(d) we are not the agents for any Seller or Buyer; and accordingly we will not be liable any person, whether acting as Buyer or Seller or otherwise, in relation to the offer for sale or sale or purchase of any Products via the Website; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any Products and we will have no obligation to mediate between parties to any such contract.
14.8 Sellers and Buyers:
(a) agreed to the publication of feedback about them by others on the Website;
(b) acknowledge that such feedback may be critical or defamatory; and
(c) will not hold us liable in respect of any such feedback, irrespective of whether we are aware or ought to have been aware of such feedback.
15. Breaches of these Terms
15.1 Without prejudice to our other rights under these Terms, if you breach these Terms in any way, or if we reasonably suspect that you have breached any of these Terms in any way, we may:
(a) delete or edit any of your Seller Information, bids or Listings;
(b) send you one or more formal warnings;
(c) temporarily suspend your account and/or your access to the Website;
(d) delete your account with the Website and/or permanently prohibit you from using the Website;
(e) block computers using your IP address from accessing the Website;
(f) contact your internet services provider and request that they block your access to the Website; and/or
(g) bring court proceeding against you for breach of contract or otherwise.
15.2 Where we suspend or prohibit your access to the Website or a part of the Website, you must not take any action to circumvent such suspension or prohibition (including without limitation using a different account).
16.1 The Website includes links to other websites provided by third parties. These links are not recommendations, and are provided for your information only. We have no control over the contents of those websites, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
16.2 YOURGAMETRADE, YOURGAMETRADE.COM and our logos are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights. The other registered and unregistered trade marks or service marks on the Website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
16.3 If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
16.4 No waiver by us of any provision of these Terms, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these Terms by us.
16.5 The agreement under these Terms is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under these Terms is not subject to the consent of any third party.
16.6 You may not assign, charge, sub-contract or otherwise transfer your rights and/or obligations under these Terms. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer our rights and/or obligations under these Terms without giving you notice or obtaining your consent.
16.7 We may vary these Terms from time-to-time by posting a revised version on the Website. Your continued use of the Website thereafter will constitute your acceptance of the revised Terms.
16.8 These Terms constitute the entire agreement between you and us in relation to your use of the Website, and supersede all previous agreements in respect of your use of the Website.
16.9 These Terms will be governed by and construed in accordance with English law; and any disputes arising under or in relation to these Terms shall be subject to the non-exclusive jurisdiction of the English courts.
16.10 These Terms are available in the English language only.