Considerthemarket.com Terms Of Service

Last updated: November 21st, 2017

 

Our aim is to make it as easy as possible for you to use our website(s) and app(s) and to make the whole process as simple and pain free as possible. That said, it is important to have Terms of Service in order to protect you and to protect us. We felt it important that these terms were as simple to understand as possible whilst providing a suitable level of protection to both you and us.

Please read these terms of service carefully before using www.considerthemarket.com or any associated app. By viewing, accessing, or interacting with the website at www.considerthemarket.com or any associate app, you signify your agreement to be bound by these conditions.

 

First; who we are and who you are agreeing to this contract with.

Wherever you are based on the planet, the party that you are entering into this contract with is Refract Speech Ltd., this is the company that is responsible for running and managing the considerthemarket.com website(s) and app(s) together with any other elements of the considerthemarket.com services and offerings. Refract Speech Ltd., is Registered in England and Wales, the company registration number is 5887051 and the registered office address is:  Gosditch House, 5 Gosditch Street, Cirencester. GL7 2AG.  (Please note this is not a correspondence address.) We would prefer any queries be addressed via e-mail to frontdesk@considerthemarket.com or alternatively our facsimile number for any matters relating to these Terms of Service is +44(0)20 7 043 6143. If you prefer to send a letter in writing, please contact us using one of the methods above and we will provide you with the relevant correspondence address.

 

Second; where we are based and operate from and under which law this contract is governed.

We are a UK based company. We have one office address outside of the UK in the USA but do not trade in any other country around the world. You can see in to and use our service(s) from anywhere on the planet but for the purposes of these Terms of Service and regardless of where we place or house our infrastructure, we operate from the UK and it is an entity within the UK with which you are entering this agreement. We jointly agree with you that these Terms Of Service are governed by and shall be construed in accordance with the laws of England in Great Britain.

Third; what service it is that we are offering you.

Refract Speech Ltd. (“considerthemarket.com”, “considerthemarket”, “Refract Speech Ltd.”, “Refract Speech”, “our”, “us” or “we” from now on) effectively provides an electronic notice board service to users across the planet so that you (“you”, “your”, “user” from now on) our user(s) can list items you are considering selling. Other users can then communicate with you and share what price they would be willing to pay should the item ever officially come up for sale. We offer you this service through our website at considerthemarket.com and any app that we have launched, together referred to as our “service” or “services” or “service(s)”. Using our services to then carry out a sale offsite does not contravene any of our Terms Of Service but you acknowledge any such action is not part of the service we offer but a separate transaction / contract between you and the third party. You acknowledge and understand that we are not a sales service or an auction service. We do not charge any sales fees precisely because we are not a sales channel so we have no involvement in and no liability for anything relating to a sale transaction between you and a third party whether you communicated through one of our services or not.

Fourth; your ability to legally form a contract with us.

You must be a minimum of 18 years old or whatever age is required in your country for you to be able to legally agree to be bound by a contract in the UK. If you are under 18 years old, or the legal age required in your country to agree to these Terms Of Service your parent or guardian must agree to our Terms Of Service on your behalf. If you are registering as a business user, you must be authorised to agree to our Terms Of Service on behalf of that business.

Fifth; the information you provide us with.

You agree to provide us with honest and truthful information at all times, especially when providing information for the setting up of your account with us. If you are registering with us as a business, you confirm that you have the authority to act on behalf of the business who owns the name you are using in the registering of the account. If you change any of the information you must notify us within one week of doing so.

Sixth; what we will do with the information you provide us with.

We need to collect certain information to comply with laws, protect ourselves and protect you. The account information you provide us with will not be shared with any third parties unless we are required to do so under law. We do not like our personal information being abused when we give it out and we are not about to do the same with yours. We will treat the confidential information you provide us with when registering an account in the same manner we would want our personal information to be treated; with care and consideration.

Seventh; us contacting you.

From time to time we may need to contact you with regards to our service or services. You agree to us using the contact details you provided when registering for your account in order to reach you.

Eighth; accepted use by you of our service(s).

You may use our service to list items that you are legally entitled to be in possession of in your country and that we are legally allowed to list in both the UK and any country where we have our servers provided we have not prohibited them. You may also use our service to contact other people listing items in order to discuss aspects relating to that item. You agree to allow other users to contact you through our messaging function within our services in order to help you consider the market for your item. You agree not to spam any of our other users through our message facility. If you are listing an item, you agree to only list your item in an appropriate category. You agree not to introduce or distribute any viruses or any other technologies that may harm our users, us or our service(s). You agree not have any involvement in, encourage or assist or in any way be involved in any aspect of an attempt to reverse engineer or copy or modify our service(s) and or offering. You agree not to use any scraping or data gathering services on our service(s) without first obtaining our express permission. You agree not to harvest or collect any of our user’s data. You agree not to impose an unfair or unreasonably large load on our servers or infrastructure. You agree to keep your account secure at all times and notify us if you think your account has been accessed. Other than that you agree to access and use our services only for legal, acceptable and authorised purposes. You will not participate in any action that will in any way violate or intrude on our rights or the rights of other users. You will not act in an inappropriate manner towards us or other users such inappropriate manners and actions to include but not be limited to abuse, harassment and any illegal activity. If you are registering as a business, you will register as such and not as a person. In simple terms, be nice, be fair, and treat others as you would like to be treated.  If you are listing an item on our site, you must be the legal owner of the item you are listing, and / or have permission of the legal owner to list the item. Any information that you upload to your listing such as photos or other data, works of art etc. must also belong to you, or you must have the owner’s permission to upload their work for the purposes of listing on our site. All uploaded content remains the property of the legal owner.

Ninth; Your License to us.

(Explanation of this part. We need you to give us the right to manage the content you upload and create.  An example of why; if we did not have this clause we would probably need to ask your permission to move or do different things with info you have already given us. Say we had a million users who on average have uploaded five items. We then need to move everything to a different server system. We would need to contact and reference each item (5 million!) for permission just to move the data which would be simply overwhelming, that is why we need this clause, it is not due to any cartoon style villainy.)

In order to provide our service(s) you grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual and irrevocable worldwide licence to use, reproduce, distribute, create derivative works thereof of any content that you upload and manage and use such content in any way we choose so that we may provide you and other users with the service you have signed up for.  We do not claim ownership of the content you submit to us.

You grant us permission and acknowledge that we can re-list your listings in part or in whole on our Facebook and or Twitter or any other of our social media pages.

Tenth; Our licence to you.

We hereby grant to you a license to use our service(s) subject to these Terms Of Service, this license that we grant to you is limited, non-exclusive, non-transferable, and not sub-licensable. The purpose of us granting you this licence is so that you can use our service(s) and for no other reason or purpose. No other licence or right is granted to you by us.

Eleventh; Our providing adverts to you on our site and app.

As with all services we hope what we offer you will be helpful and that the more users we have the more each user benefits. Running our service(s) costs money and in order to try and keep the system running well we may from time to time raise revenue from advertisers. You agree to receive these adverts during the course of spending time on our service(s). You will not be sent any adverts for or from third parties to any contact details your provide us with when creating your account or at any other time and we will not provide any of your contact details to any third parties for advertising purposes. The only adverts you will experience will be on the listings and other pages on our service. We intend to keep adverts meaningful and relevant. We do not like irrelevant adverts and do not wish to expose you to them either or allow them to detract from the usefulness and relevance of our service(s).

Twelfth; fees for publishing some listings.

In order to generate some revenue to help with costs, we may offer some listing enhancements for a small fee in order to help your listing stand out against other listings. You agree to pay such fees as are due from you to us. We will make all fees clear at all times prior to charging you and you will always have an option not to proceed before you are charged. We only charge small amounts so do not provide refunds, unless we are required to do so by law.

Thirteenth; service limitations.

We will make reasonable efforts to keep considerthemarket.com operational. We may have interruptions for various times from time to time, due to upgrades or other situations or issues. We reserve the right to terminate, alter or temporarily shut down all or some of our services without notice and without liability to you. If you have listed an item and have paid us any monies in relation to that listing, we will reimburse 100% of that fee if we discontinue or close down our service(s) within 30 days of you creating your listing. We will make reasonable efforts to provide you with support but cannot offer guaranteed response time due to the small nature of our operation.

Fourteenth; indemnification.

You agree to indemnify and hold us harmless from any claim or demand together with any fees or other financial penalties made by any third party due to your use or improper use or misuse of any of our service(s) or your breach of rights of any third party or any law as a result of using our service(s) or not. Furthermore, you hold us harmless and release us from any dispute that may arise between you and any of our users that may involve one or more parties seeking damages, or making claims and demands.

Fifteenth; limitation of liability.

You agree that we are not in any way liable at all to any level for anything that has happened as a direct or indirect result of any action you and other user or users have taken off our service(s), our service(s) are limited to listing. We shall not be liable in contract or tort or otherwise for any loss or damage whether consequential or indirect loss or damage or otherwise (including economic loss and loss of profits) howsoever caused. You agree that we limit any liability we have in so far as we are legally able to do to the financial equivalent to what fees you have paid us in the last twelve months prior to the claim made by you. If you have not paid us any fees within the last twelve months then the most we can be liable for is £1. You agree that you are making use of our service(s)totally at your own risk and that we are providing them to you on an “AS IS” and “AS AVAILABLE” basis and therefore so far as we are able to in law, all warranties, express or implied are specifically excluded.

Sixteenth; termination.

Both you and us can cancel your account at any time. We will give you written notice if we need to terminate your account. You will need to provide us with written notice if you wish to terminate your account. Simply send us an e-mail and we will close your account for you.

Seventeenth; force majeure.

We shall not be liable for any loss or damage where the same is occasioned by any cause whatsoever that is beyond our reasonable control including but not limited to an act of God; severe weather; war (whether declared or not); civil disturbance, requisitioning; governmental or other authority’s regulations, restrictions or enactments of any kind; import or export regulation; strike; lock-out or trade dispute (whether involving Our own employees or those of any other person); power or machinery breakdown; accident; non-availability or delay of vessels or other transport.

Eighteenth; paragraphs.

It is hereby declared that the foregoing paragraphs, sub-paragraphs and clauses of these conditions shall be read and construed independently of each other. Should any part of these terms or their paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

Nineteenth; confirmation of governing law.

These Terms of Service shall be governed by the laws of England and any dispute shall be settled in the Courts of England. In this Section ‘confirmation of governing law’ dispute shall include both contractual and non-contractual disputes.

Twentieth; Business Transfer.

If considerthemarket, its owner / holding company or substantially all of its assets, were acquired, or in the unlikely event that considerthemarket goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party in the hope the service to you can be kept alive and functioning. You allow us to carry out such a transfer of your information and data and you agree that any acquirer of considerthemarket may continue to use your personal information as set forth in this policy.

Twentyfirst; Prohibited Items.

Certain items are prohibited from being listed on the considerthemarket.com website. These include but are not limited to; items that are illegal to own in certain countries, items that require both parties to have licenses for such items to be in their possession, together with other items we deem unsuitable for listing on the considerthemarket.com website. If you wish us to create a new category for an item you would like to list please use the contact us option from the link at the bottom of the homepage. Please do not list items in the wrong categories, if you do this, we reserve the right to remove you and or ban you from the considerthemarket.com website.

Twentysecond; Terms of Service Changes.

Although most changes are likely to be minor, considerthemarket may change its Terms of Service from time to time, and at considerthemarket’s sole discretion. Considerthemarket encourages you to frequently check this page for any changes to its Terms of Service. Your continued use of this site after any change in these Terms of Service will constitute your acceptance of such change.