Terms of use

Spares | Repair Terms of Use

Introduction

Welcome to Spares or Repair. By accessing www.Spares or Repair.com and its related websites, services, applications or tools (Collectively referred to as "Spares or Repair") you are agreeing to the following terms, including those available by hyperlink, which are designed to make sure that Spares or Repair works for everyone. Spares or Repair is provided to you by SparesRepair Limited,  registered in England and Wales . These Terms of Use constitute a legally binding agreement between you and Spares or Repair.com Limited and are effective as of 1 April 2019 for current users, and upon acceptance for new users. You accept these Terms of Use by clicking the "Create Account" button when registering a Spares or Repair account and by otherwise accessing Spares or Repair, including posting an ad; or as otherwise indicated on Spares or Repair. 

Using Spares | Repair

As a condition of your use of Spares or Repair you agree that you will not:

  • violate any laws;
  • violate the Policies;
  • post any threatening, abusive, defamatory, obscene or indecent material;
  • post or otherwise communicate any false or misleading material or message of any kind;
  • infringe any third-party right;
  • distribute spam, chain letters, or promote pyramid schemes;
  • distribute viruses or any other technologies that may harm Spares or Repair or the interests or property of Spares or Repair users;
  • impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Spares or Repair;
  • copy, modify, or distribute any other person's content without their consent;
  • use any robot spider, scraper or other automated means to access Spares or Repair and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • copy, modify or distribute rights or content from Spares or Repair or Spares or Repair's copyrights and trademarks;
  • harvest or otherwise collect information about users, including email addresses, without their consent;
  • bypass measures used to prevent or restrict access to Spares or Repair;
  • use any tool that interferes with the normal functioning of Spares or Repair, including, without limitation, browser plug-ins (including, but not limited to, FreeTheTree), extensions, or other software which are designed to supplement, remove or otherwise change any of Spares or Repair’s functionalities; or
  • sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.

You are solely responsible for all information that you submit to Spares or Repair and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of Spares or Repair either temporarily or permanently, or refuse a user's registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on Spares or Repair, we may, at our discretion, inform other Spares or Repair users that have been in contact with you and recommend that they exercise caution.

Abusing Spares | Repair

Spares or Repair and the Spares or Repair community work together to keep Spares or Repair working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Spares or Repair if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the Spares or Repair employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off Spares or Repair or not, we do not have any obligation to monitor the information transmitted or stored on Spares or Repair and we do not accept any liability for unauthorised or unlawful content on Spares or Repair or use of Spares or Repair by users.

Global Marketplace

Some of Spares or Repair's features may display your ad on other sites, services, applications or tools (together a “Platform”) that are part of the global eBay community (for example, on eBay Platforms in other countries), or on third party Platforms, including social media channels. By using Spares or Repair, you agree that your ads can be displayed on these other Platforms and media channels. The terms for our other eBay Platforms are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted. When your ad is posted on another Platform, you may be responsible for ensuring that it does not violate such other Platform’s policies. We may remove your ad if it is reported on Spares or Repair, any eBay Platform, or any third party Platform, or if we believe it causes problems or violates any law or policy.

Fees and Services

Using Spares or Repair is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in Pounds Sterling, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on Spares or Repair. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

You are responsible for paying the Spares or Repair fees when they're due. If you don't, without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

You acknowledge that your ads may be deleted from Spares or Repair in case we believe these Terms of Use, including our Posting Rules, are breached, either directly or indirectly. In case you would have paid a fee for the display of such ad, you may be entitled to a refund of such fee. However, we reserve the right not to refund Spares or Repair users for any fees paid through use of Spares or Repair in the following cases:

  • If you breach, in our opinion, these Terms of Use, which include, without limitation, the Policies;
  • If your ads went live with exposure on the Spares or Repair sites, services, applications or tools, even for a limited time, and that they benefited from the service associated with the paid fee;
  • If your ads are placed in the Pets or Massage categories of Spares or Repair;
  • If your ads are placed into "edit" mode and will go live to site once updated by you;
  • If you have removed your ads yourself;
  • If you post duplicate ads as defined in our rules regarding duplicate ads;
  • If we believe that your ads are in a significantly wrong category;
  • Please note that the above list is not exhaustive. See the Spares or Repair Refunds Help Page for more details on the cases in which you may, or may not, be entitled to a refund of such fees.

Content

Spares or Repair contains content from us, the global eBay community (including eBay, our classifieds sites in other countries and any other Platforms that are within the eBay group), you, and other users. Spares or Repair is protected by copyright laws and international treaties. Content displayed on or via Spares or Repair is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Spares or Repair without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Spares or Repair. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Spares or Repair (other than your own content). When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future including, without limitation, on any third party Platforms and media channels. In particular, by giving us content, you grant us the right to display such content on Platforms that are part of the global eBay community, such as eBay or our classifieds sites in other countries, and on other online marketplaces, social media channels, blogs, in all types of marketing communications and on all other Platforms. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

Spares or Repair may at times use third party data suppliers to supplement the information you have provided in an ad. This could include descriptions, product specifications and other content. You may use such information solely in connection with your Spares or Repair ad while your ad is on Spares or Repair. The information provided may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content (other than by including them in your ads).This permission is subject to modification or revocation at any time at Spares or Repair's sole discretion.

You may not have the opportunity to review all of the supplemental data before posting an ad. Spares or Repair is not responsible for the accuracy of any third party supplied supplemental data. You continue to be responsible for ensuring that your ads are accurate, do not include misleading information and fully comply with these Terms of Use and all Spares or Repair policies. If you notice inaccuracies in this data after your ad appears on the site please get in touch with us.

Infringement

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of products of all sorts are offered on Spares or Repair by private individuals. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Spares or Repair.

Reporting an infringement:

In order to participate in the Notice of Infringement Programme, you only need to complete a Contact Form and email it to Spares or Repair at support@sparesrepair.co.uk. You can use this form, complete with your signature, to report advertisements which may infringe on your property rights. The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorised representative. This information must also enable Spares or Repair to identify the advertisement to be removed. Once we have received your correctly completed Notice of Infringement Form, you can simply send later reports to Spares or Repair via the e-mail address provided.

Note: This form can only be used by the lawful owners of the relevant intellectual property rights. The "Notice of Infringement" is intended to enable rights owners to ensure that products offered by Spares or Repair users do not infringe their copyright, trademark rights or other intellectual property rights. For all other questions, visitors and advertisers can get help using Spares or Repair Help.

Liability

Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

We do not review users' postings and are not involved in the actual transactions between users. As most of the content on Spares or Repair comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use Spares or Repair, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to liability, and (b) 100 Pounds Sterling.

Release

If you have a dispute with one or more Spares or Repair users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

Third party rights

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

Data Protection and Privacy

By using Spares or Repair, you agree to the collection, transfer, storage and use of your personal information by Spares or Repair on servers located in the Netherlands, United States and China as further described in our Privacy Policy.

You and eBay shall process personal data received under and/or in connection with this User Agreement each as a separate and independent controller. In no event will eBay and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection law.

You shall comply with your obligations under applicable data protection law (including but not limited to the Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”)) and supplementing EU and local data protection law. This includes, but is not limited to the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organization. You shall process personal data received from eBay exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g., if a retention obligation applies).

Failure to abide with the aforementioned obligations may result in disciplinary action up to and including account suspension.

Resolution of disputes

If a dispute arises between you and Spares or Repair, we strongly encourage you to first contact us directly to seek a resolution by going to the Spares or Repair Help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General

These terms and the other policies posted on Spares or Repair constitute the entire agreement between Spares or Repair and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

This Agreement shall be governed and construed in all respects by the laws of England and Wales. You agree that any claim or dispute you may have against Spares or Repair.com Limited must be resolved by the courts of England and Wales. You and Spares or Repair both agree to submit to the non-exclusive jurisdiction of the English Courts; for claims falling within the jurisdiction of a County Court, you and Spares or Repair both agree to submit to the jurisdiction of the County Court of Wandsworth.

If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to Spares or Repair.com Limited, 1 More London Place, London, SE1 2AF, UK. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.

We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the Spares or Repair website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.

For any help with using Spares or Repair please see the Spares or Repair Help guide.

Mobile Devices Terms

If you're accessing Spares or Repair Services from a mobile device using a Spares or Repair Mobile Application (the "Application"), the following terms and conditions ("Terms of Use") apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to these Terms of Use.

Application Use. Spares or Repair grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the www.Spares or Repair.com website. Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application.

Intellectual Property - Applications. Spares or Repair owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Spares or Repair's copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Spares or Repair Application.

Prohibited Countries Policy and Foreign Trade Regulation - Applications. Spares or Repair Applications or their underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws. When using an Kijiji Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country, and you are not listed on any US Government list of prohibited or restricted parties).

Additional Terms. Additional terms and conditions that apply to you based on the mobile device the Application is installed on:

iOS - Apple

 

  1. These Terms of Use are an agreement between you and Spares or Repair, and not with Apple. Apple is not responsible for the Application and the content thereof.
  2. Spares or Repair grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
  3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
  4. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.
  5. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
  6. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
  7. Apple and Apple's subsidiaries are third party beneficiaries of these Terms of Use, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.

 

Windows - Microsoft

  1. These Terms of Use are an agreement between you and Spares or Repair, not Microsoft. The terms of use and privacy policies of Microsoft and, where applicable, the network operators that provide billing services for the Windows Phone Marketplace do not apply to your use of the Application.
  2. You may install and use one (1) copy of the Application on up to five (5) devices you personally own or control and which are affiliated with the Windows Live ID associated with your Windows Marketplace account. You may not install or use a copy of the Application on a device you do not own or control.
  3. Microsoft, your device manufacturer, and (if applicable) your wireless carrier are not responsible for providing support services for the Application.
  4. Microsoft, the wireless carriers over whose network the Application is distributed (if applicable), and each of their respective affiliates and suppliers (collectively, "Disclaiming Distributors") give no express warranty, guarantee, or conditions under or in relation to the Application. To the extent permitted under your local laws, the Disclaiming Distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, and non-infringement.
  5. You, and not the Disclaiming Distributors, bear the risk of using the Application (even if the Disclaiming Distributors have been advised of the possibility of damages to you). You may have additional consumer rights under your local laws which these Terms of Use cannot change.
  6. To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from any Disclaiming Distributor.