1.
Introduction. This Agreement is a legal document which sets out
your rights and obligations, and those of Waste Exchange UK Ltd.,
("Waste Exchange UK Ltd.", "we" or "us"),
in relation to this site and the services offered by Waste Exchange
UK Ltd. through it (the "Waste Exchange UK Ltd. Service").
By registering for the Waste Exchange UK Ltd. Service, you agree
to the terms of this Agreement, and you re-affirm that agreement
every time you use it. Visitors to the Waste Exchange UK Ltd.
Service who do not register to become a Member (see 2 below) similarly
affirm that they are bound by this Agreement each time they access
the Waste Exchange UK Ltd. Service. You should be aware that this
Agreement may change from time to time in accordance with Clause
22 below.
2 Types of membership. People who register for the Waste Exchange
UK Ltd. Service become "Members". They must be at least
18 years of age.
As well as being able to browse the Waste Exchange UK Ltd. Service
like any visitor to it, Standard Members may:
- provide contact details for our database;
- add as many advertisements for items for sale or wanted.
We are not an internet service provider, however. In order to
avail of the Waste Exchange UK Ltd. Service, you must have internet
access and all the software (and skills) required for email and
web usage.
-Gain contact information for the listings.
3. Registration. You undertake to register for the Waste Exchange
UK Ltd. Service using accurate and current information about yourself
- including your correct name, address and any other requested
details. If you are asked for, and provide, details of a credit,
debit or charge card; in that event, you must ensure that (a)
you are fully entitled to use that card, and (b) it has available
funds sufficient to cover the charges which are deducted from
it.
4 Privacy policy. Waste Exchange UK Ltd.'s Privacy Policy forms
part of this Agreement, and by agreeing to this Agreement, you
also give your consent to the way we may handle your personal
data in that policy. Given the global nature of the World Wide
Web, any posting on the Waste Exchange UK Ltd. Service (including
any which contain personal information) is, of course, accessible
to internet users around the world.
5 Waste Exchange UK Ltd.'s Role. You, whether you are a Member
or just a non-Member who visits the Waste Exchange UK Ltd. Service,
acknowledge that we are not and cannot be responsible for the
behaviour of Members - whether on the Waste Exchange UK Ltd. Service
or outside of it. We only provide a venue where the Waste Exchange
UK Ltd. Service may be accessed. In particular, you should be
aware that Waste Exchange UK Ltd. does not pre-screen or monitor
the material contributed by Members.
6 Additional services. Waste Exchange UK Ltd. or its affiliates
may offer new or additional services through the Waste Exchange
UK Ltd. Service from time to time. Your use of those services
may be subject to additional terms and conditions, or rules of
use, which you must comply with. Provided that those terms or
rules are notified to you on the Waste Exchange UK Ltd. Service
in an appropriate manner (as determined by Waste Exchange UK Ltd.
in its reasonable discretion), any failure by you to comply with
a material provision of the terms or rules governing those services
will amount to a breach of this Agreement.
7 Operation of Waste Exchange UK Ltd. Services. Waste Exchange
UK Ltd. reserves the right to withdraw or modify one or more aspects
of the Waste Exchange UK Ltd. Service where we have legal or technical
reasons to do so (including technical difficulties experienced
by Waste Exchange UK Ltd. or on the Internet). There may also
be times when the Waste Exchange UK Ltd. Service becomes unavailable,
whether on a scheduled or unscheduled basis. For security or other
reasons, we may require you to change password or other information
which facilitates access to the Waste Exchange UK Ltd. Service.
8 Misuse of Waste Exchange UK Ltd. Service. We reserve the right
(a) to suspend or terminate any Member's access to the Waste Exchange
UK Ltd. Service, or parts of it, and/or (b) to edit, or require
the Member to edit, material posted on the Waste Exchange UK Ltd.
Service, if the relevant Member or material appears to us to be
in breach of any provision of this Agreement. Any person whose
access has been suspended or terminated must not re-register for,
or re-access, the Waste Exchange UK Ltd. Service without our prior
consent. You are responsible for everything which is done on or
through the Waste Exchange UK Ltd. Service while your Membership
account is logged on to the Waste Exchange UK Ltd. Service, or
through your email address(es).
9 Relevance. The Waste Exchange UK Ltd. Service is intended to
be used by its Members for the purposes referred to in Clause
2 above. Accordingly, Members must not:
- place material on, or otherwise use, the Waste Exchange UK Ltd.
Service for any business or commercial purpose; or
- use your access to the Waste Exchange UK Ltd. Service, or information
gathered from it, for the sending of unsolicited bulk email (sometimes
known as spam).
10 Fees
We may add new or ancillary services from time to time which require
the payment of fees - either to us or a nominated third party
- on terms which will be provided to you at the time.
11 Prohibitions. You are responsible for ensuring that no material
you post, or which is posted through a machine on which you access
the Waste Exchange UK Ltd. Service, nor any activity or communication
you make in connection with any Waste Exchange UK Ltd. Service,
will be capable of (a) infringing the intellectual property or
other rights of any person or entity, (b) breaching any applicable
law, whether criminal, tortious or otherwise, or (c) appearing
to be offensive, threatening, obscene, pornographic, false, unreliable
or misleading.
12 Alerting Waste Exchange UK Ltd.. If you see anything on the
Waste Exchange UK Ltd. Service which appears to infringe this
Agreement, then please contact us to inform us of it by using
the "Report Abuse" function, or by emailing us at abuse@wasteexchangeuk.com
. We do not generally monitor material contributed by Members
before it is placed on the Waste Exchange UK Ltd. Service, and
so we are reliant upon users to point out any which infringes
this Agreement.
13 Withdrawal of material and Termination of Membership. Each
Member acknowledges that we are entitled to withdraw any material
on the Waste Exchange UK Ltd. Service which appears whether based
on information received from Members or others, or our own determination
to be capable of breaching any part of this Agreement, or to bring
the Waste Exchange UK Ltd. Service into disrepute. However, each
user acknowledges that we do not monitor all material which appears
on the Waste Exchange UK Ltd. Service, and that we are reliant
upon you and all users to notify us of anything you see here which
appears likely to breach this Agreement, using the notification
techniques which are made available on the Waste Exchange UK Ltd.
Service.
14 Disclaimer and Release. Waste Exchange UK Ltd. has no control
over or responsibility for the truth or accuracy of any material
available on the Waste Exchange UK Ltd. Service, whether provided
by Members or others.
- If any third party sites are linked to from the Waste Exchange
UK Ltd. Service, this does not mean that we endorse or have any
responsibility for the site in question or anything which appears
on it.
- You should exercise no lesser degree of caution in appraising
what you see on the Waste Exchange UK Ltd. Service than you do
offline.
- Even though Members are prohibited from doing so, people may
provide information, or otherwise behave, in a way that is unreliable,
misleading or even illegal. Further, you should note that people
may not necessarily be who they say they are.
- Your use of the Waste Exchange UK Ltd. Service is entirely at
your own risk.
Accordingly, to the extent that the law permits, you release Waste
Exchange UK Ltd. its directors, contractors and employees from
all liability arising out of or in connection with the Waste Exchange
UK Ltd. Service and the material included here by Members and
other third parties.
15 Intellectual Property. You acknowledge that all copyright,
trade marks, and other intellectual property rights in and relating
to the Waste Exchange UK Ltd. Service (including the material
which is contributed by Members) are owned by Waste Exchange UK
Ltd.. It is easy to copy material which appears on web-sites,
but this does not mean it is legal. Therefore, no-one may copy,
distribute, show in public or create any derivative work from
the Waste Exchange UK Ltd. Service, or any of the material which
is found on the Waste Exchange UK Ltd. Service unless properly
licensed to do so by us.
By submitting any material to the content to the Waste Exchange
UK Ltd. Service, you:
- are representing that you are fully entitled to do so;
- grant us a non-exclusive, royalty-free, non-terminable license
right to copy, modify, distribute, show in public and create derivative
works from that material in any form, anywhere; and
- authorise us to adapt the relevant material in the course of
doing so, and so waive your moral rights to object to any derogatory
treatment, or to be identified as the author, of the material
in question.
16 Excluded loss. We will not be liable to you or any third party
for any indirect or consequential loss or damage, or for any loss
of data, profit, revenue or business, howsoever caused (whether
arising out of any negligence or breach of this Agreement or otherwise).
Waste Exchange UK Ltd. will also not be liable for any failure
to perform of its obligations under this Agreement caused by matters
beyond its reasonable control.
17 Maximum liability. Without limiting the preceding Clause, during
any period of twelve months, the aggregate liability of Waste
Exchange UK Ltd. under this Agreement (whether arising in negligence
or otherwise) will not under any circumstances exceed the greater
of an amount equal to the sums paid by you to us by way of Full
Membership fees during the relevant period of twelve months, regardless
of the cause or form of action.
18 Non-excluded Liabilities. Nothing in this Agreement limits
Waste Exchange UK Ltd.'s liability for death or personal injury
resulting from our negligence, or any other liability which may
not by law be excluded. Any statutory rights you may have as a
consumer remain unaffected.
19 Indemnity. You agree to indemnify us against all liabilities,
claims and expenses that may arise from any breach of this Agreement
by you or through a machine on which you access the Waste Exchange
UK Ltd. Service.
20 Assignment. We reserve the right to assign this Agreement,
and to assign or subcontract any or all of our rights and obligations
under this Agreement. You may not without the written consent
of Waste Exchange UK Ltd. assign or dispose of this Agreement.
21 Entire Agreement. This Agreement includes our privacy policy.
Together they contain the whole of the agreement between us and
you concerning the Waste Exchange UK Ltd. Service and they replace
all earlier agreements and understandings with you, except for
any fraud or fraudulent representation by either of us. A person
who is not a party to this Agreement has no right under the Contracts
(Rights of Third Parties) Act 1999 to rely upon or enforce any
term of this Agreement.
22 Changes to this Agreement. Waste Exchange UK Ltd. reserves
the right to change this Agreement from time to time, and post
the new version on the Waste Exchange UK Ltd. Service. When we
do so, we will notify you of the fact that there are changed terms
on the main screen (www.Waste Exchange UK Ltd..co.uk), and the
new version of these terms and conditions will take effect, and
will govern all Waste Exchange UK Ltd. Services and your relationship
with Waste Exchange UK Ltd.:
- commencing four weeks after the date of posting (or such later
date as Waste Exchange UK Ltd. indicates in the relevant posting),
if any of the changes is to an operative provision of this Agreement
which is capable of adversely affecting you; if you do not wish
to be governed by the new version of the Agreement, you may notify
us on or before the date when the new version of the Agreement
is to take effect, and from that date you must cease to use the
Waste Exchange UK Ltd. Service; or
- immediately upon the date of posting (or such later date as
Waste Exchange UK Ltd. indicates in the relevant posting), if
the changes are not to operative provisions, or not capable of
adversely affecting you - examples of which would include, without
limitation, changes to one or more of Waste Exchange UK Ltd.'s
addresses or email addresses referred to in this Agreement.
23 Severability. In the event that any term of this Agreement
is held to be invalid or unenforceable by judicial decree or decision,
the remainder of this Agreement shall remain valid and enforceable.
24 Law. This Agreement shall be governed by and construed in accordance
with the laws of England and Wales.
25 Contact. You can contact us by post at Bay Tree House, The
Frith, Chalford, GL6 8HJ. Please make sure you include your email
address with all correspondence.