CONDITIONS OF USE

Welcome to the AlpacaSeller.com terms and conditions page .  These terms and conditions describe how we will provide our services to you, and set out your rights and obligations in agreeing to use the services.  It is a legally binding agreement which you agree to enter into when you complete our registration service and click on the Accept button.

If you are visiting this Site and do not wish to place an Advertisement please see our Disclaimer policy

 

1                         Introduction

1.1                    We are AlpacaSeller.com.  Our address is:  Church Farm House, East Meon, Petersfield, Hampshire GU32 1QE, United Kingdom.

1.2                    You can contact us at admin@alpacaseller.co.nz, by telephone on +44(0)1730823256.

2                         Definitions and Interpretation

2.1                    In this Agreement:

Access Code means your username and password issued from time to time to enable you to access your Account

Account means your account with us which enables you to place Advertisements on the Site.

Advertisement means an advertisement for the sale of alpacas or for alpaca stud services

Conditions means these terms and conditions

Data means information, documents, test software, music, sound, photographs, graphics, video, messages and any other kind or form of materials;

Intellectual Property Rights includes the following (wherever and when ever arising and for the full term thereof): any patent, trade mark, trade name, service mark, service name, design, design rights, copyright, database right, topography rights, moral rights, know how, trade secret and other confidential information, rights in the nature of any of the aforesaid items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of the aforesaid items;

Services means the provision of placing Advertisements on the Site

Site means wwwalapcaseller.com or any other website operated and maintained by us from time to time.

2.2                    In these Conditions:

2.2.1              reference to a statutory provision includes a reference to the statutory provision as modified, amended or re-enacted from time to time;

2.2.2              reference to a person includes a reference to corporation, body corporate, association or partnership or that person’s personal representatives or successors; and

2.2.3              the singular includes the plural and vice versa.

2.3                    A person who is not a party to the agreement cannot enforce any term of it.

2.4                    These Conditions are to the exclusion of all previous terms and conditions issued by us and shall apply to the provision of Services provided by us after the date on which these Conditions were posted on the site.

2.5                    These Conditions are deemed to be read and accepted by you upon you clicking on the “accept” button at the end of these Conditions.

3                         Changes to the Conditions

3.1                    We may need to change the Conditions and/or specifications of the Services.   If we do then we shall ask you to read and accept the revised conditions next time you visit the Site.

3.2                    If you do not accept any revised conditions but continue to use the Services after changes take effect, you will be bound by the revised conditions.

4                         Services Generally

4.1                    We will use our reasonable endeavours to supply the Services.  However, we shall not be responsible for any failure to provide the Services, or unavailability of the Site.  The Site is provided on an “as is” and “as available” basis.

4.2                    We cannot guarantee that the Services will be uninterrupted, secure or error-free.

4.3                    We may have to suspend the Services for repair, maintenance or improvement.  If so, we will restore them as quickly as is reasonably possible

5                         Advertising Services

5.1                    You may only use the Services for your own personal use, and may not resell the Services or make any other commercial or business use of the Services without our prior written consent, which we may in our absolute discretion refuse to grant. For the purposes of this clause 5.1 personal use shall include use of the Services by an association, partnership company or other corporate or business entity for its own use and on its own account.

5.2                    If you wish to place an Advertisement for the sale of alpacas you can enter it via your Account.  AlpacaSeller will not enter Advertisements which it receives from you via email. 

5.3                    The Advertisement will be available from our Site shortly after you have posted it.

5.4                    Advertisements will remain live on the Site and available until you remove them.  It is your responsibility to ensure that the Advertisements remain up to date.

5.5                    You can modify your Advertisements after they have been posted on the Site through your Account.

5.6                    You may insert a hyperlink to our Site on your website, provided that you do not portray Alpaca Seller, our services or the animals in a false, misleading, derogatory or otherwise offensive manner.

5.7                    Advertisements must only contain details of the alpacas advertised for sale, alpaca stud services or details of the breeders.

5.8                    We may refuse, withdraw or require to be amended any Advertisement which is illegal, immoral, obscene or offensive or so as to comply with any legal or moral obligations imposed on us or you or to avoid infringing a third party’s rights or any statutory or regulatory requirements.

5.9                    We may edit, remove or refuse to publish any Advertisement that we perceive to be detrimental to  our interests or the interests of visitors to our Site.

6                         Your Obligations

6.1                    You shall keep your Access Code confidential and shall not disclose it to any other person, except where disclosure is required by law, by a court of competent jurisdiction or by another appropriate regulatory authority or body. Where disclosure is required, or where disclosure occurs inadvertently or is suspected by you to have occurred, you shall immediately notify us, giving full details of the circumstances of the disclosure. Where your Access Code has been compromised, we shall endeavour to restrict access to your Account as soon as possible and issue you with a new Access Code. We shall not be liable for any loss or damage that results from your failure to safeguard your Access Code.

6.2                    You hereby undertake and warrant to us that:

6.2.1              you are authorised to place the Advertisement;

6.2.2              the reproduction and/or publication of the Advertisement by us as originally submitted or as amended will not breach any agreement or infringe or violate any right of any person or render us liable to any proceedings whatsoever and you will indemnify us against all costs, claims, damages, loss, expenses and liabilities suffered or incurred by us as a result of this undertaking and warranty being incorrect;

6.2.3              any information supplied by you in connection with the provision of the Services is accurate, complete and true;

6.2.4              in respect of any Advertisement which contains the name of any living person you have obtained the authority of such living person to make use of such name;

6.2.5              each Advertisement is legal, decent, honest and truthful and complies with all applicable laws, rules, regulations and codes relating to advertising as may be appropriate.

6.3                    You must comply with our reasonable instructions and requests concerning the Services.

6.4                    You must provide us with all your up to date contact details (including e-mail addresses) and promptly notify us of any changes.  We rely on this information for various reasons including the transmissions important information concerning the Services.

6.5                    You are responsible for all persons who use your password to access the Services.  You should keep your user name and password secure and notify us as soon as you are aware of any security breach.

6.6                    You warrant that your use of the Services, any materials or information which you supply to us or any Advertisements that you post on the Site will not infringe any third party’s Intellectual Property Rights or other rights.

6.7                    It is your responsibility to frequently back-up any Data that you wish to save.  We will not be liable for any losses to such Data.

7                         Personal Data

7.1                    We need to collect and use personal data about you to enable us to offer the Services to you. You hereby consent to us holding your personal data for the purposes of the provision of the Services to you by us, our servants, agents or employees.

7.2                    You agree that we may provide you with information services concerning other products, services or special deals that we offer, or changes to our existing services.  If at anytime you  would like us to remove you from our marketing database you can notify us at admin@alpacaseller.com.

7.3                    We shall keep your personal data secure and confidential.  We shall not disclose, sell, rent or share your personal data to or with any person without your consent, except where disclosure is required by law, by a court of competent jurisdiction or any appropriate regulatory authority or body.  Where disclosure is required, we will endeavour to give you as much notice as possible of the disclosure.

7.4                    You acknowledge that any personal data which you include in an Advertisement will be accessible by visitors to the Site who may contact you or use your personal data for purposes other than that intended by you.

8                         Privacy

8.1                    We do not actively monitor, censor or directly control any Advertisements generated, stored, transmitted or used in connection with our Services including content displayed on websites or material sent by e-mail  You must comply with this clause 8 and bring it to the attention of your authorised users.

8.2                    If it comes to our attention that this clause 8 has been or may be breached, we may terminate your agreement with us in accordance with clause 12.

8.3                    You must not transmit any Advertisements, or otherwise use our products or Services in a manner which:

8.3.1              is unlawful or breaches any regulations, standards or codes of conduct;

8.3.2              is offensive, obscene or indecent, or capable of being resolved into obscene or indecent images or material;

8.3.3              is defamatory, threatening or racially ethnically or otherwise objectionable;

8.3.4              is designed or likely to cause annoyance, inconvenience unwanted attention or needless anxiety to any other person;

8.3.5              infringes the rights (including, without limitation, the Intellectual Property Rights) of another person;

8.3.6              is designed or likely to cause disruption to any computer system or to any network;

8.3.7              contain viruses, Trojan horses, worms, time bombs or other computer code or programs designed to interrupt, damage, destroy or limit the functionality of any software, hardware or Data; or

8.3.8              amounts to junk mail, spamming, chain mail, pyramid schemes or any similar or fraudulent schemes or any inappropriate form of solicitation;

9                         Charges for Services

9.1                    We will charge you $100 (New Zealand Dollar) p.a. to register on our Site and for use of the Services. 

9.2                    You will pay us by credit or debit card through our online credit card agency before your first month has expired. Your first month will be free.

9.3                    We shall send you a reminder that the charge will be due  30 days before the Charging Date.

10                     Liability

10.1                We shall not be liable for:

10.1.1          any loss of profit, loss of revenue, loss of contracts or any indirect, special, economic or consequential loss (whether caused by our negligence);

10.1.2          damage to or loss of Data; or

10.1.3          any delay costs, expense, loss (including loss of profit) damage or liability (including without limitation as a result of any hardware failure, provision or use of software, virus, deletion, corruption.) howsoever caused;

10.2                Our liability in contract, tort (including negligence) or otherwise in connection with this agreement or the Services for any one event or series of related events is limited to the amount paid by you for the Service in the 12 months before the event(s) complained of.

10.3                To the extent allowed by law, we exclude all conditions, terms, representations and warranties, whether imposed by statute or by law or otherwise that are not expressly stated in this agreement including, without limit, the implied warranties of satisfactory quality and fitness for a particular purpose.

10.4                Nothing in these Conditions in any way excludes or restricts our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be restricted.  Nor does it affect consumers’ statutory rights.

10.5                You will indemnify us against all claims, damages, liabilities, costs (including reasonable legal fees) directly or indirectly related to your use of the Services or breach by you of these Conditions.

11                     Intellectual Property Rights

11.1                All Intellectual Property Rights relating to the supply of the Services belong to us. 

11.2                You may not copy or use any logo or trademark displayed on the Site without our permission or that of the owner.

12                     Termination

12.1                We may terminate our agreement with you at any time for any reason by giving you 30 days written notice.

12.2                Either party may terminate the agreement on written notice to the other if that party commits any breach of the provisions to the agreement and in the case of a breach capable of remedy, fails to remedy the same within 30 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied.

12.3                We may also terminate this agreement and or suspend the Services immediately on written notice:

12.3.1          where you breach clause 8; or

12.3.2          where we are required to do so by law.

13                     Consequences of Termination

13.1                Upon termination of our agreement with you for any reason:

13.1.1          we will immediately stop supplying the Services to you;

13.1.2          any fees due will be payable immediately.

13.2                You shall have no claim against us for compensation for loss of distribution rights, loss of goodwill or any similar loss.

13.3                Subject as otherwise provided herein and to any rights or obligations which have accrued prior to termination, neither party shall have any further obligation to the other under this agreement.

14                     General

14.1                You shall not be entitled to assign your agreement with us nor any or all of its rights and obligations hereunder.

14.2                If any provision of these Conditions shall be invalid or unenforceable, it shall not affect any other provision, which shall remain in full force and effect.

14.3                These Conditions constitute the entire agreement between you and us in respect of the Services.

14.4                Any waiver by us of any breach of, or any default under, any provision of these Conditions by you will not be deemed to be a waiver of any subsequent breach or default and will in no way affect the other terms of these Conditions.

14.5                Failure or delay by us in enforcing or partially enforcing any provision of these Conditions will not be construed as a waiver of any of its rights under these Conditions.

15                     Law

These Conditions and any contract into which these Conditions are incorporated, shall be governed by and construed in accordance with English law and the parties submit to the non exclusive jurisdiction of the English courts.