Introduction. Welcome to ibidonstorage.co.uk, a public sale website (Website). The Website is a virtual marketplace for online auctions by the storage industry. Online auctions are a popular way of buying and the Website is designed to connect self-storage businesses to buyers of the contents of Units (as defined below).
Who we are. We are IBIDONSTORAGE LTD a company registered in England and Wales. Our company registration number is 12482468 and our registered office is at Oak Tree House, Nortminster Business Park, Harwood Road, Upper Poppleton, York, YO26 6QU.
How to contact us. You can contact us by telephoning our customer service team on +44 020 3893 3115 or by writing to us at [email protected].
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your account registration.
Any person who wishes to access the Website to participate in bidding and/or generally use the Website must accept these terms and conditions (Terms).
The Website is a platform, and we are acting as a sales platform, for any sale by the sellers using the Website. We will at no point become a party to the sale. When you bid on an auction, you are agreeing to accept the seller’s specific terms and conditions applicable to that sale in addition to these Terms.
Please review these Terms carefully before using the Website. By registering for an account, using the Services or any functionality associated with the Website, indicates that you have read and you agree to be bound by all these Terms and all policies and guidelines. Do not use this Website if you do not agree to and accept these Terms.
SECTION 1. IMPORTANT INFORMATION.
1.1 Definitions. The following words have the following meaning in these Terms:
1.2 Entering into a contract with us.
1.2.1 Age restriction. By accessing and registering for an account on the Website, you agree that you are at least 18 years of age.
1.2.2 Capacity. You agree that you have the necessary contractual and mental capacity to enter into and be bound by these Terms.
1.2.3 Acting for a company. You (or where you act on behalf of a company) warrant that you have the necessary authority and capacity to enter into, or enter into and bind the company, to these Terms.
1.2.4 Prohibited access and use. If you are under 18 years of age, are otherwise incapable of forming legally binding contracts, or do not agree with any part of these Terms, you must not access the Website and refrain from/stop using the Services.
1.3 Auction rules. The auction rules are set out for both buyers and sellers in these Terms.
1.4 Do not rely on information and content on the Website. The information and content on the Website is provided for general information only. It is not intended to amount to advice or information on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website and any contract between the buyer and seller. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
SECTION 2. GENERAL.
2.1 Services. These Terms apply to your use of the Website, including the features and Services offered by us through the Website. By registering as a user on the Website and using the Services, you agree to be bound to these Terms. These Terms are legally binding on you, us, and any seller. These Terms describe your responsibilities in connection with your use of the Services and, among other things, limits our liability.
2.2 Additional Agreements. We may provide you with the Additional Agreements. Such Additional Agreements will be made available either on the Website or by email. Together with these Terms, such Additional Agreements will govern your use of the Services or the Website, any Sale or any other services made available by us to you.
2.3 Changes to the Services. We reserve the right to change or discontinue (without prior notice) some or all of the Services we provide, or change the applicable terms and conditions for your use of the Services.
2.4 Our policies. The following policies are published on the Website:
If there is a conflict between these Terms and any Additional Agreements, these Terms will prevail over the Additional Agreement.
2.5 Your account.
2.5.1 Your account is identified by your chosen user identification (user name) and only you are authorised to use your user name. You are responsible for maintaining the confidentiality of your account including any password(s) or other security details you have chosen, or that we may issue to you.
2.5.2 You are responsible for any and all use of your account, whether or not expressly authorised by you. If you believe that your account and/or password(s) have been misused or compromised in any manner, please contact us immediately.
2.6 Multiple accounts. You agree that you will not hold and maintain multiple registered accounts or user names without obtaining our written permission to do so.
2.7 Request for an additional account(s). If you wish to register and maintain more than one account, you must submit your request to us by email. Your request must include your primary user name and your reason(s) for your request.
2.8 Equipment. You are responsible for obtaining and maintaining all telephone, communications, computer hardware, software, and other equipment needed for access to and use of the Services or the Website.
2.9 Delivery Policy. Subject to receipt of payment, winning bidders will be notified that collection of the purchased contents may take place by way of a confirmation email and auction reference number. Once a transaction is processed, winning bidders need to collect their own goods. Winning bidders shall have 72 hours after the transaction closes to collect the goods they purchased on auction.
SECTION 3. ONLINE AUCTION PARTICIPATION.
3.1 The Website is a platform where we provide and host our Service, and through which we provide a platform for the sale of Units. Any contract for the purchase of the Units is between you, as the buyer and the seller (not us). The Services allow you, as a buyer, to participate in online auctions conducted by the sellers. We may at our discretion change some or all of the Services offered through the Website at any time.
3.2 Listings and Sales. To the extent permitted by law, we have no control over and do not provide any warranties or guarantees around the nature, number, quality, safety or legality of the items advertised by a seller for Sale, nor the truth or accuracy of the listings, or the ability of sellers to sell. We do not ensure that a seller will complete a Transaction. You agree that Units are sold “as is” and “with faults” if any, and as a “job lot”.
3.3 Removal of an auction. Units placed for Sale by a seller may be removed from Sale up and until the time the Sale expires, at the seller’s sole discretion.
3.4 Eligibility. Each seller that conducts a Sale will have its own requirements and terms that you must agree to and comply with in order for you to participate in a Sale and buy the Units. Each seller has sole discretion to refuse your eligibility for any Sale.
3.5 Seller’s terms and conditions. A seller’s terms may differ to these Terms and from each seller. For example, one seller may lengthen or shorten the amount of time to claim the items sold to you and/or may vary payment terms. You will need to read and agree to the seller’s terms, as well as these Terms and any Additional Agreements.
3.6 Dispute with the Seller. Any dispute you have with a seller in relation to quality of the goods purchased is governed by the dispute procedures listed in these Terms.
3.7 Cleanup deposit.
3.7.1 The seller’s terms may require you to pay a cleanup deposit if you are the winning bidder. The seller will collect the cleanup deposit when you arrive at the seller’s facility to claim the content of the Units.
3.7.2 Unless otherwise stated in the seller’s terms and conditions, the cleanup deposit shall be determined by the seller (acting reasonably). If you fail to clean out the Unit’s contents, or clean it to the satisfaction of the seller, the seller may retain the cleanup deposit to cover all associated and reasonable cleanup costs.
3.8 Description of the Units.
3.8.1 The seller will provide either a detailed inventory or a general description of the contents of a Unit. The description provided on the Sales page is the only information provided to us about the contents of the Unit. Any bid you place should be based upon the inventory provided by the seller. We cannot guarantee the accuracy or quality of any inventory, and you will need to ensure you are comfortable with the inventory before any purchase. The seller does not authenticate the products listed, all goods are sold "as is", and the description is a general description of what is seen on entering the unit.
3.8.2 To the extent permitted by law, we make no warranties (express or implied) of the accuracy of the descriptions, quality, or quantity or any other details in relation to any items or goods in the Unit, or whether the items are illegal, harmful or contain any sensitive materials or personal data. We do not control the information provided by the seller which is made available on the Website.
3.9 Refund. You are not entitled to a refund from the seller in the event you determine that:
(i) the contents of the Units are not of the advertised quality, type or otherwise;
(ii) the contents of the Units are not in working, safe or operable;
(iii) items are illegal or subsequently removed by the police or other relevant authorities; or
(iv) there is a cancellation of a winning bid (for whatever reason).
3.10 Inspecting the goods/items after collection. The Buyer is responsible for inspecting all items for any illegal contents after removing them from the Unit. If illegal items are found, the Buyer is expected to report these items to the police or relevant authorities. The Buyer shall immediatly return all items of a personal nature, sensitive papers, photos, legal documents, tax returns, bank statements to the Seller for return to the storage customer. The Buyer may not contact the storage customer, should the buyer need to return any items then this must be done through the Seller or iBidOnStorage.
3.11 Illegal items, goods or material. You are advised to inspect all items for illegal contents after removing them from the Unit, if you are the winning bidder of a Unit (or Units). Any illegal items, goods or materials found including, but not exclusively illegal pornography, guns, drugs, certain types of alcohol, and other items deemed not legal to sell, at the exclusive discretion of the seller are excluded from the Sale and you should immediately contact the police or other relevant authorities for seizure and removal of those items. If you choose, intentionally or accidentally, to remove items in the Unit which, you were or may not have been made aware of by the sellers, contain illegal items, you do so at your sole risk of loss and liability.
3.12 Bidding and conditions of Sale. You may only bid and use the Website if you are registered account holder. When bidding, you agree to comply with these Terms, Additional Agreements, as well as the seller’s specific rules, terms and conditions or auction or sale rules contained in the individual sale posting. A Sale may be withdrawn for any reason whatsoever by the seller until the unit contents have been collected by the highest bidder please also see clause 3.16.4.
3.13 Cancellation of a winning bid. Under certain conditions, a winning bid may be cancelled and the contents of a Unit returned to the renter of the Unit. You understand that the sale is not considered consummated or final until all money due, is paid by you to iBidOnStorage and the contents of the storage unit have been removed. Until that time, you understand and agree that the renter of the unit(s) may redeem that property from the unit until the sale is final. In this situation, a full refund will be provided to you
3.14 Winning bid.
3.14.1 Subject to meeting the opening bid amount, the winning bid in any auction will be the highest bid by a registered account holder.
3.14.2 You are the winning bidder once we confirm acceptance of your bid by email. Once you receive confirmation you will have:
(i) entered into a legally binding contract with the seller for the purchase of the Unit (and you will not have entered into a legally binding contract with us in this regard); and
(ii) agree to remove the entire contents of the Unit within the specified time period set out in clause 3.24 or in the seller’s terms.
3.15 Withdrawing a winning bid. Any attempt to cancel or withdraw a winning bid after acceptance has been confirmed by us or the seller will be considered null and void, and a breach of these Terms.
3.16 Bidding increments and minimum bids.
3.16.1 Rules governing bid increments and other conditions you as a buyer must meet to purchase a Unit (or Units) may vary and are listed on the Sale page.
3.16.2 The default minimum bid increment is £10. A seller is permitted to set their own minimum opening bid amount; which may be higher than the default amount based on the seller’s specific requirements and rules.
3.16.3 Subject to clause 13.1 to 13.3, in the event that we have to intervene, we will have the final right and determination with respect to your bid, a Sale and the resolution of disputes between you and the seller, including determining:
(i) who is the successful final bidder;
(ii) any bid that we believe may have a detrimental effect on the item in question; and/or
(iii) any bid we believe to be a fraudulent (see clause 3.17).
3.16.4 Subject to the terms of any agreement between any buyer and seller, a Sale is not considered completed until all money due is paid by you and you collect and remove the Sale items. Until that time, the renter of the Unit may redeem that property from the Unit.
3.17 Anti-fraud and fraudulent bidding.
3.17.1 You must not undertake any fraudulent activity in relation to our Services or any Sale. Your right to bid and your account may be suspended for a manual anti-fraud check for up to 24-48 hours. At our sole discretion, we may suspend your use of the Services or the Website for longer periods of time if it is necessary for a more complete investigation to be carried out.
3.17.2 Anti-fraud checks are performed if we believe (at our sole discretion) that you are not the actual bidder, or the winning bidder information indicates that the registered user is not the actual winning bidder, or if bid increments increase at rates or levels which we deem to be inappropriate, unacceptable or fraudulent activities is suspected for any other reason. You may not:
(i) register to use any Services under a false name;
(ii) use an invalid or unauthorised credit card in connection with the Services;
(iii) make offers to purchase any goods under a false name while using the Services or Website;
(iv) impersonate any other user; and/or
(v) use another user`s password(s).
3.17.3 Any fraudulent conduct (including but not limited to those included in this clause 3) is a violation and breach of these Terms. We may report any fraudulent behaviour to the police or other relevant authorities. Any cooperation with the relevant authorities, including the disclosure of information, shall not cause us to be in breach of any terms of these Terms and/or the Privacy and Cookie Policy. To the extent permitted by law, you will have no claim against us should we (in our sole discretion) elect to suspend or cancel your bid(s) on the Website.
3.18 Closing out bidding. Bids can only be made and accepted during the specified time period on the Website. The seller may decide to, at any time before the conclusion of a Sale and for any reason, extend the time period.
3.19 Extra time. Any bid made in the last 60 seconds of the Sale shall automatically extend so that 2 minutes remain in the relevant auction. The online collection of bids shall not cease until the last 60 seconds has passed without any additional bids.
3.20 Storage auctions website video and audio. Any audio or video posted in relation to a Sale or upcoming Sale are for entertainment purposes only.
3.21 No warranty. In relation to the Service we do not warrant that the Service will be uninterrupted or error free, or that a bid or bids will be received by the seller or information regarding current price will be transmitted in a timely fashion, nor do we guarantee the performance of any obligations by a seller. You must understand and accept that most, if not all items sold on the Website are sold “as is” and “with faults”, if any, and as a “job lot”, and apart from providing a platform for an auction, it is mostly left to the individual buyers and sellers to deal directly with each other.
3.22 Limitation of liabilities in respect of any bids. In no event shall we, the sellers, or our suppliers be liable for any incorrect pricing information to be transmitted or received by you or the seller in a timely manner, the interruption of any data transmission, or in relation to these Terms.
3.23 Bank card payment.
3.23.1 Prior to placing a bid you will be required to enter your bank card details. If you are the winner of an auction, the total amount payable will be immediately deducted from that credit card.
3.23.2 In the event that payment is declined for any reason you will be deemed in breach of these Terms and in default to the seller. The bidder profile will be deactivated and until payment is received, the seller may:
(i) continue to offer the Unit to the next highest bidder;
(ii) re-list the Unit for Sale; or
(iii) dispose of the goods/contents as if you authorised us to do so.
3.23.3 We will attempt to contact you and give you an opportunity to make payment. Any reasonable and properly incurred administration costs will be payable to help cover related expenses which includes a minimum administration fee of £15.00 and the bidder profile will be deactivated. If the seller disposes the contents of the Units you shall be liable and pay to the seller (on demand) for all cleaning and disposal costs incurred by the seller, as mentioned above.
3.23.4 You agree to waive all claims against us and the seller arising from this declined payment, whether it be an error from your bank, hardware error software error, internet connection, insufficient funds or otherwise.
3.24 Failure to appear after winning.
3.24.1 Unless otherwise stated by the seller in their terms and conditions and/or on the Sale page, you shall have 72 hours from the time you are notified confirming that you are the winner of the Sale, to appear at the sellers premises, pay the cleanup deposit and remove all items from the Units.
3.24.2 If you do not appear within the set time, regardless of any other communication, you may have with the seller, you will in breach of your contract with the seller and in default of these Terms.
3.24.3 If payment is outstanding, you shall remain liable to the seller for the Sale price and any resulting damages suffered.
3.24.4 If you fail to appear the seller may offer the Unit to the next highest bidder, re-list the Unit, or dispose of the contents as if authorised by you.
3.25 Security policy and processing card payments. When purchasing goods through the Website your financial details are encrypted and stored with a PCI DSS Level 1 compliant third party provider.
SECTION 4. OUR ROLE
4.1 You authorise us to act as your limited representative solely to conclude contracts on your behalf between you and a seller. We help to facilitate transactions that are carried out using the Service, but we are not a seller or a buyer. We provide a platform for sellers to auction the contents of the Units, for buyers to bid and purchase such content and for the parties to complete Transactions in accordance with these Terms and any agreement between the seller and relevant buyer.
4.2 We are not an agent of a seller and we shall not have any liability for the contents of the Units, goods and/or items sold through the Website. All Sales contracts are formed solely between you and the relevant seller, and the enforcement of any contract is the responsibility of you and the relevant seller (being the parties to that Transaction), and, subject to clause 12.2 and 12.4 (as applicable), we shall not have any liability for the failure of either you or the relevant seller to fulfil such obligations.
4.3 To the extent that we collect any payment from you on behalf of any seller, we shall be a fee-collecting agent. As a fee-collecting agent, we shall be responsible for collecting payment from you and passing that payment on to the relevant seller. We will act as a liaison in respect of disputes between you and the relevant seller, but we are not obliged to mediate between you and any seller or to enforce or execute any fulfilment of any contract
4.4 You use the Service at your own risk.
SECTION 5. INFORMATION
5.1 Personal information. For further details on how we process, store, manage or otherwise deal with this information and data please see our Privacy and Cookie Policy for more details about this.
5.2 Your information. Except as may be otherwise expressly provided in these Terms or the Privacy and Cookies Policy, you are solely responsible for any information or content belonging to, or provided to us by, you. You agree that other information or content you provide to us or place on the Website:
(i) will not be false, inaccurate, frivolous, or misleading;
(ii) will not infringe any third party`s copyright, patent, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy;
(iii) shall not violate any law, statute, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
(iv) will not be defamatory, trade libellous, unlawfully threatening, unlawfully harassing, or obscene;
(v) will not contain, and you will not knowingly introduce any computer viruses, worms, Trojan horses, time bombs, or other computer programs, scripts, or instructions that are intended to damage or detrimentally interfere with the operation or use of the Services or the Website, or to intercept or expropriate any proprietary computer system information or other confidential data or personal information relating to or arising out of the access or use of the Services or the Website;
(vi) will not create any liability for us or cause us to lose (in whole or in part) the services of its internet service providers or other suppliers and business affiliates; and
(vii) will not contain any links to or from other information or websites for which you do not have the right to make or reproduce such links.
5.3 Unauthorised access to the Website. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to our site. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching clause 5.2(iii), (v) and/or 5.3, you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
5.4 Uploading content to the Website.
5.5 Updating your information. You agree to promptly update your personal information that you provide on your account in order to keep it current, complete, and accurate.
5.6 Limited license. To enable us to use your information, so that we are not violating any rights you might have in your information, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in your information, now known or hereafter existing, with respect to your information.
5.7 Use of Information. If you are a seller, you agree not to use any such personal information that we share with you in any way that would be inconsistent with our Privacy and Cookie Policy nor for the any purpose other than to complete a Sale.
SECTION 6. USE OF CONTENT.
6.1 Uploading content.
6.1.1 You warrant and represent that any contribution to the Website complies with these Terms, and you will be liable to us and indemnify us for any breach of that warranty. This means that you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
6.1.2 Any content you upload to the Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited license to use, store and copy that content and to distribute and make it available to third parties.
6.1.3 You are solely responsible for securing and backing up your content.
6.1.4 You are prohibited from uploading, and we do not store, terrorist content.
6.2 Intellectual property. The entire content of the Website, including all copyright, trademarks and other intellectual property rights it contains, including the name ‘ibidonstorage’, is our sole property and of our licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted, without our written consent, to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Website nor may you use any such content in connection with any business or commercial enterprise.
6.3 Restrictions on use of the Service and Website.
6.3.1 You acknowledge and agree that you are not permitted to sell or otherwise dispose of any software downloaded from the Website or us and that no rights granted hereunder may be assigned or sublicensed.
6.3.2 You agree that you may not in any way exploit or commercially use any of the Services and/or content, in whole or in part, except as expressly permitted in these Terms and/or in any Additional Agreement. You agree that you do not acquire any rights in the intellectual property set out in clause 6.2 by accessing or downloading copyrighted materials.
6.3.3 You shall not electronically store any portion of any Services and/or content. You may not collect and use email addresses of other users of the Website or other user account information, listings, or perform any form of data extraction or data-mining whatsoever.
6.4 Third party intellectual property. You will not upload, post, or otherwise make available through the Services any content protected by copyright, trademark, or other intellectual property rights without the express permission of the owner of the copyright, trademark, or other intellectual property rights and the burden of determining that any material is not protected rests with you. By submitting content to any public area of the Website, you hereby grant, or warrant that the owner of such content has expressly granted us a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly display and distribute such content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such content. You also permit any other user of the Services or the Website to access, view, store, or reproduce such content for that user`s personal use.
6.5 Liability for breach of third party intellectual property rights. To the extent permitted by law, you shall be solely liable for any damage resulting from any infringement of intellectual property rights, or any other harm resulting from such a submission. You shall indemnify and keep us indemnified (including our officers, directors, agents, parent, subsidiaries, joint ventures, employees, successors, and assigns) against any claims that may be brought against us (either by you, a seller or a third party) for any costs, loss or damages (including but not limited to direct, indirect, consequential or special damages) arising out of or resulting from any breach of the terms of this clause 6. We shall have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by your to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
6.6 Removal of content. We have the right to remove any posting you make on the Website if, in our opinion, your post does not comply with the content standard set out in these Terms.
SECTION 7. THE WEBSITE.
7.1 Website access. We do not guarantee continuous, uninterrupted, or secure access to the Services, and/or operation of the Website.
7.2 No interference. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or the Services, or any Transaction being conducted on or through the Website or Services.
7.3 Compliance with laws. Your use of the Services or the Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Services or the Website and any Transactions that may be conducted by means of the Services or the Website.
7.4 Compliance with these Terms. You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms, any of the Additional Agreements, or other terms, and that they comply with them.
7.5 The Website is only for users in England, the United Kingdom or Europe. The Website is directed to people residing in England, the United Kingdom or Europe. We do not represent that content available on or through the Website is appropriate for use or available in other locations.
7.6 Linking external websites. Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
7.7 Linking to the Website.
7.7.1 You may link to the Website homepage, provide you do so in a way that is fair, legal and does not damage our reputation or take advantage of it. You must not:
(i) establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
(ii) establish a link to the Website in any website that is not owned by you; and
(iii) the Website must not be framed on any other website, nor may you create a link to any part of the Website other than to the home page.
7.7.2 We reserve the right to withdraw linking permission without notice.
7.7.3 The website in which you are linking must comply in all respects with the content standards as set out in these Terms.
7.8 Obtaining permission for linking content. If you wish to link or make any use of content on the Website other than as permitted in clause 7.7.1, please contact us through our online contact form at https://www.ibidonstorage.co.uk/contact.
7.9 User-generated content not approved by us. The Website may include information and materials uploaded by sellers and other users of the Website. This information and these materials have not been verified by us. The views expressed by other users on the Website do not represent our views or values.
7.10 Complaining about content uploaded by other users. If you wish to complain about content uploaded by other users, please contact us through our online contact form at https://www.ibidonstorage.co.uk/contact.
SECTION 8. BREACH.
Without limiting other remedies, we may (in our sole discretion) either immediately issue a warning, temporarily suspend, terminate your account and/or refuse to provide the Services to you in the event that you:
(i) breach any provision these Terms or any of the Additional Agreements;
(ii) we are unable to verify or authenticate any information you provide to us; or
(iii) if we believe that your actions may cause legal liability for you, us, other users, or our other business affiliates.
SECTION 9. INDEMNITY.
You shall indemnify and hold us harmless against all liabilities, costs, expenses, damages and losses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach by you of these Terms. This indemnity shall apply whether or not you have been negligent or at fault.
SECTION 10. TERMINATION OF OR CHANGE IN THE SERVICES.
10.1 Suspension. To the extent permitted by law, we shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to or of any of the Services or the Website.
10.2 Termination. We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the Services or use of the Website at any time for any reason without prior notice or, to the extent permitted by law, liability. We may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or content without prior notice or liability.
SECTION 11. NO WARRANTY
We do not warrant or guarantee that the Services will meet your individual requirements. We are not responsible for any people, equipment, deliverables or services that we are not expressly stipulated to provide in these Terms. You are responsible for any people, equipment, deliverables and services that you need to obtain from someone other than us. Except for any matter in relation to which we specifically agree in writing to advise or do, we shall not be responsible, or have any liability (subject to clause 12.2 or 12.4 (as applicable)) for advising on, or failing to advise on, or doing, or failing to do, anything else.
SECTION 12. LIMITATION OF LIABILITY.
12.1 This clause 12.1 and 12.2 shall not apply to you if you are a business. If you are a consumer, nothing in these Terms affects or limits your statutory rights (including, without limitation, the right to insist that the Services shall be provided to you using reasonable skill and care). We only provide the Services to you, as a consumer, for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purpose, and, subject to clause 12.2, we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of opportunity.
12.2 We shall not exclude or limit our liability for:
(i) our fraud; or
(ii) death or personal injury caused by our breach of duty; or
(iii) any breach of the obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or
(iv) any other liability which cannot be excluded or limited by applicable law shall not apply to you if you are a consumer.
12.3 If you are a consumer clauses 12.3 to 12.10 shall not apply. If you are a business, clauses 12.3 to 12.10 prevail over all of these Terms and sets for our entire liability, and your sole and exclusive remedies, in respect of:
12.3.1 performance, non-performance, purported performance, delay in performance or mis-performance of these Terms or any Services or deliverables in connection with these Terms; or
12.3.2 otherwise in relation to these Terms or entering into these Terms.
12.4 We shall not exclude or limit our liability for:
12.4.1 our fraud; or
12.4.2 death or personal injury caused by our breach of duty; or
12.4.3 any breach of the obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or
12.4.4 any other liability which cannot be excluded or limited by applicable law.
12.5 Subject to clause 12.4, we do not accept and hereby exclude any liability for breach of duty other than any liability arising pursuant to the terms of these Terms.
12.6 Subject to clause 12.4, we shall not have any liability in respect of any:
12.6.1 indirect or consequential losses, damages, costs or expenses;
12.6.2 loss of contracts;
12.6.3 loss of anticipated savings;
12.6.4 loss of revenue;
12.6.5 loss of goodwill;
12.6.6 loss of reputation; or
12.6.7 loss of, damage to, or corruption of, data;
12.6.8 loss related to illegal, harmful, sensitive items or personal data contained in a Unit;
whether or not such losses were reasonably foreseeable or our agents or contractors had been advised or the possibility of such losses being incurred. For the avoidance of doubt, clauses 12.6.2 to 12.6.8 (inclusive) apply whether such losses are direct, indirect, consequential or otherwise.
12.7 Subject to clause 12.4, our total aggregate liability arising out of or in connection with all claims in aggregate (including warranty claims and losses relating to the breach of warranty) shall be limited to £2,500.
12.8 You shall no exclude your liability for failure to pay any fees to us.
12.9 The limitation of liability under clause 12.7 has effect in relation both to any liability expressly provided for under these Terms and to any liability arising by reasons of the invalidity or enforceability of any of these Terms.
12.10 You acknowledge and accept that we only provide the Services to you on the express condition that we will not be responsible for, nor shall we have any liability (subject to clause 12.4) directly or indirectly for any act or omission of you or any third party.
13.1 Governing law. These Terms and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England.
13.2 Jurisdiction (if you are a consumer). If you are a consumer, you submit to the exclusive jurisdiction of the English courts to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation, except where, by law, such dispute or claim must be brought in the jurisdiction in which you are domiciled, or where the relevant law contains mandatory provisions that override such exclusive jurisdiction. This clause 13.2 shall not apply if you are a business.
13.3 Jurisdiction (if you are a business). If you are a business, you submit to the exclusive jurisdiction of the English courts to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation. This clause 13.3 shall not apply if you are a consumer.
13.4 We may transfer these Terms to someone else. We may transfer our rights and obligations under these Terms to another organisation. .
13.5 Nobody else has any rights under these Terms. These Terms are between you and us. No other person shall have any rights to enforce any of these Terms. We shall not need to obtain your agreement or permission in order to end or make any changes to these Terms.
13.6 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.7 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, this will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
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