All of the legal documentation relevant to Device Network
These Website Terms and Conditions are supplemented by:
all of which are incorporated into these Website Terms and Conditions.
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
Account Management Service: a service provided by Us to all Bronze, Silver and Gold Members to assist with Your use of the Services offered by Us.
Blue Member/Membership: Blue Members receive a free listing on Our Trading Platform for Your business so other Members can find and message You.
Bronze Member/Membership: Bronze Members pay the Subscription and have access to the relevant services specified on the Site.
Buyer: A Member that purchases or offers to purchase Products or services from another Member.
Credit Checking Service: a Third Party Service provided by Creditsafe Business Solutions Limited (Company No. 03836192) to offer an in depth credit checking system on any company that is a Bronze, Silver Member or Gold Member and provided to Gold Members free of charge.
Gold Member/Membership: Gold Members pay the Subscription and have access to the relevant services specified on the Site..
Initial Verification Process: the process set out in clause 5.
Members: All of Blue, Bronze, Silver, Gold and Platinum Members.
Products: all consumer electronic products including but not limited to mobile phones, personal computers, laptops, notebooks, tablets, games consoles, digital cameras, virtual reality products, related accessories, spare parts and data products.
Registration: completion of the registration information on entering the Site.
Seller: a Member that sells or offers to sell Products or services to another Member.
Services: access to and use of the Site and any additional services provided by Us including Third Party Services.
Silver Member/Membership: pay the Subscription and have access to the relevant services specified on the Site.
Subscription: the monthly or annual subscription payable for Bronze and Silver Membership and the annual subscription payable for Gold or Platinum Membership at the rates specified by Us from time to time.
Third Party Service: the services provided by Third Party Service Suppliers;
Trade Reference: a reference provided by a business who extends credit or otherwise has a business relationship with You.
Trading Platform: the online marketplace for Buyers and Sellers operated by Us using the Site;
We/Our/Us: GSM Telecom Ltd, Company No. 07854291, Units 1 & 2, The Old Dairy, Hazlemere Cross Roads, High Wycombe, Buckinghamshire, HP15 7LG. United Kingdom; and You/Your: the business entity identified at Registration.
1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
2. OUR CONTRACT WITH YOU
2.1 Please ensure that You read these Terms carefully before You submit Your Registration. If You think that there is a mistake, please contact Us to discuss.
2.2 These Terms will become binding on You and Us when You submit Your Registration at which point a contract will come into existence between You and Us.
3. CHANGES TO TERMS
3.1 We reserve the right to amend these Terms at any time by posting the amended Terms on the Site.
4. MEMBER EMAIL FACILITY
4.1 Upon Registration, each Member will be provided with an email facility to allow You to send or receive email through the Site. You shall be responsible for all content of all messages of the email facility as well as the consequences of any such message.
4.2 We reserve the right to remove the email facility and offer no warranty that stored emails will remain available indefinitely.
5. INITIAL VERIFICATION PROCESS
5.1 On completion of Your Registration, You may apply to upgrade from Blue Membership to Bronze or Silver Membership by completing the Initial Verification Process.
5.2 You warrant that:
6. SERVICES PROVIDED BY US
6.1 We will supply the Services to You for a period of 12 months from upgrade to Silver Membership although We reserve the right to determine the immediate,
temporary or permanent withdrawal of Your right to use Our Site in accordance with our Acceptable usage policy.
6.2 We may have to suspend the Services if We have to deal with technical problems or to make improvements to the Services.
6.3 We will provide You with a designated Account Management Service as part of your membership on the Site.
7. THIRD PARTY SERVICES
7.1 The Credit Checking Service is a Third Party Service which will be provided directly from the Credit Checking Service provider to You via our Site.
7.2 As a Gold Member, We will not charge You for using the Credit Checking Service.
8. TRANSACTIONS BETWEEN MEMBERS
8.1 You acknowledge and agree that We are an online marketplace for Buyers and Sellers of Products and services. We are not a party to any transactions between Members introduced via the Site or otherwise and do not act on behalf of the Seller or the Buyer. We do not act on an agency basis for Sellers or Buyers and do not receive a commission from any Members for transactions introduced and/or completed via the Site or otherwise.
8.2 By advertising or listing Products on the Site, You confirm that You have legal title to the Products and they are available for supply.
8.3 We have no control over the ability of a Seller to complete a sale of Products or the ability of a Buyer to complete a purchase of Products and shall not be liable in any circumstances if a transaction fails to complete or for any loss suffered by a Member in the course of any transaction with a Buyer or Seller.
8.4 Whilst We make every effort to verify those accepted for Membership, We draw Your attention to the possibility that some Members may enter the Site acting under false pretences. Before entering a transaction, You should take all reasonable steps to satisfy Yourselves that the other transacting party is legitimate. We will not accept liability for any reliance placed on any information provided by any of our employees, agents or consultants in respect of any Member.
8.5 You acknowledge that You assume any and all risks of purchasing Products or services from Members via the Site or otherwise including all liability for losses or harm of any kind resulting from the use of the Products or services.
8.6 You are solely responsible for negotiating and abiding by the terms and conditions of transactions made with other Members, including but not limited to payment, fees, taxes, insurance, returns, warranties, title, licences, fines, permits, storage and transportation.
8.7 You must not offer for sale to, sell to or buy from a Member any items via the Site or otherwise which are not within the definition of Products.
9. LIMITATION OF OUR LIABILITY
9.2 To the extent permitted by law, We exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose.
9.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
9.4 We are not responsible or liable for the accuracy, propriety, lawfulness or truthfulness of the results of the Credit Checking Service and shall in no way be liable for any loss incurred as a result of Your reliance upon it.
9.5 We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from Your use of them.
9.6 We are not responsible or liable for the accuracy or reliability of the listings, descriptions, availability, quality, safety, lawfulness or otherwise of the Products or services offered by Members for sale on the Site.
10.1 You hereby agree to indemnify and hold Us, our affiliates, directors, officers, agents and employees harmless, from any and all losses, claims, demands, liabilities (including legal costs on a full indemnity basis) which may arise from Your use of the Site (including but not limited to the display of Your information on the Site) or from your dealings with other Members or from breach of any of the Terms.
11. INFORMATION ABOUT US AND HOW TO CONTACT US
11.1 We are a company registered in England and Wales. Our company registration number is 07854291 and have our registered office at Units 1 & 2, The Old Dairy, Hazlemere Cross Roads, High Wycombe, Buckinghamshire, HP15 7LG. United Kingdom.
11.2 If You have any questions or if You have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at +44 (0)20 7048 0120 or by e-mailing Us at support@DeviceNetwork.com.
11.3 If You wish to contact Us in writing, or if any clause in these Terms requires You to give Us notice in writing (for example, to cancel the contract for services which We have started to provide), You can send this to Us by e-mail, by hand, or by pre-paid post to GSM Telecom Ltd, Company No. 07854291, Units 1 & 2, The Old Dairy, Hazlemere Cross Roads, High Wycombe, Buckinghamshire, HP15 7LG. United Kingdom or support@DeviceNetwork.com. We will confirm receipt of this by contacting You in writing. If We have to contact You or give You notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address You provide to Us in the Order.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 We will use the personal information You provide to Us to:
12.2 You agree that We may pass Your personal information to credit reference agencies and that they may keep a record of any search that they do.
12.3 You agree that We may pass Your personal information to Members of the Site throughout the world.
13. OTHER IMPORTANT TERMS
13.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify You in writing if this happens, but this will not affect Your rights or Our obligations under these Terms.
13.2 This contract is between You and Us. No other person shall have any rights to enforce any of its terms.
13.3 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.
13.4 If We fail to insist that You perform any of Your obligations under these Terms, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.
13.5 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.
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