WEBSITE TERMS OF USE

Welcome to Peer-eX, the student marketplace! Before you use our site, please read these Terms of Use, as they contain important information.

 

This website (Site) is operated by Peer-eX Limited (CRN: 15351166) (we, our or us). These website terms of use (Terms) apply to your use of, and access to, the Site

Information and availability

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While we use reasonable attempts to ensure the accuracy and completeness of the content and materials on the Site (Content), to the extent permitted by law (including the Consumer Rights Act 2015), we do not warrant the accuracy, completeness or suitability of any of the Content. The Content may be subject to change without notice and we do not undertake to keep the Site up-to-date. The Content is not comprehensive and is for general information purposes only. We also do not warrant that access to the Site will be uninterrupted, errorfree or free from viruses.

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Intellectual Property rights

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Unless otherwise indicated, we do not own or license the Content and all intellectual property rights (including, but not limited to, any copyright, registered or unregistered designs, illustrations, artwork, patents or trademarks or logo rights and domain names) displayed or used on the Site.

 

We authorise you to access and use the Site solely for your own personal, non-commercial, use and to display, print and download the Content onto your personal device provided that you do not remove any copyright notice included in Our Intellectual Property.

 

You must not use the Site, or any of the Content, for your commercial purposes, including, for example, to advertise your own business or for any other revenue generation activity and you must not use the Site, including the Content, in any way that competes with our business.

 

Subject to the above, your use of, and access to, the Site and the Content does not grant or transfer to you any rights, title or interest to Our Intellectual Property. Unless otherwise permitted in these Terms, you must not:

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(a) copy or use, in whole or in part, any of Our Intellectual Property;

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(b) reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property; or

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(c) breach any intellectual property rights connected with Our Intellectual Property, including altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from Our Intellectual Property

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Nothing in the above clause restricts your ability to publish, share, post or repost Content or Our Intellectual Property on your social media page or blog, provided that:

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(a) you do not assert that you are the owner of the Content or Our Intellectual Property;

 

(b) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;  

 

(c) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and

 

(d) you comply with all other terms of these Terms.

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Conduct we don’t accept

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You must not do or attempt to do anything that is unlawful or illegal, which is prohibited by applicable law, which we, in our absolute discretion, would consider inappropriate or which might bring us or the Site into disrepute. This includes:

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(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal data) or any other legal rights;

 

(b) using the Site to defame, harass, threaten, menace or offend any person;

 

(c) using the Site to promote acts of terrorism; 1. using the Site for unlawful or illegal purposes;

 

(d) interfering with any user of the Site;

 

(e) tampering with or modifying the Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with the Site, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Site;

 

(f) using the Site to send unsolicited electronic messages;

 

(g) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or

 

(h) facilitating or assisting a third party to do any of the above acts;

 

(i) linking and/or sharing to any external sites;

 

(j) linking and/or sharing to any external applications;

 

(k) repeated unfounded complaints of other users and/or their User Content (see below for the definition of User Content).

 

(l) Misleading, violent, or hateful User Content (see below for the definition of User Content)

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Content you upload

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We encourage you to interact with the Site and with us on social media! You may be permitted to post, upload, publish, submit, share or transmit relevant information and material (User Content) on the Site. We may run campaigns via the Site and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag).

 

If you make any User Content available on or through the Site, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Site and our social media platforms. We agree to only modify User Content to the extent reasonably required by us.

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You agree that you are solely responsible for all User Content that you make available on or through the Site, including on social media using a Tag. You represent and warrant that:

 

(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

 

(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

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Any User Content uploaded from your account is assumed to be authored by you. Therefore, you are solely responsible for ensuring your account, password, and account details are kept secure. Any use of your account represents you. If there are any issues with your account, kindly email: peer-ex.user-services@outlook.com

 

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

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Content we do not accept

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The following list is not an exclusive list. We reserve the right to reject, approve, or remove any User Content for any reason at any time at our absolute discretion.

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• Illegal or Restricted Items: Any items that are illegal to buy, sell, or possess in England and Wales.

• Electronic Goods that do not meet our requirements. (For requirements, click here _)

• Stolen Goods: Items that you have no rights to or have obtained through illegal means.

• Counterfeit Products: Fake or replica items that infringe on intellectual property rights.

• Adult Products and Adult Content

• Alcohol

• Body Parts and Fluids (Human or Animal)

• Hazardous Goods, Materials, and Substances

• Services: Prostitution, plagiarism, hacking, financial, tutoring, house sitting, ect.

• Gambling

• Supplements

• Medical and Healthcare products/equipment

• Prescription products, drugs, and drug paraphernalia

• Used Cosmetics/Hygiene Products

• Tobacco and Nicotine Products: Cigarettes, cigars, tobacco, e-cigarettes, ect

• Jobs/Employment

• Recalled Products: Items that have been recalled by the manufacturer or regulatory agency due to safety concerns or defects.

• Animals

• Consumables: food, drinks, baked goods, ect

• Items not for sale: Memes, lost and found posts, donations, ect.

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This list may be updated at any time without notice. It is the User’s responsibility to review this list before uploading an item.

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Cancellation Policy

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A transaction is considered complete when the seller has delivered the item, its ownership, and liability to the buyer. If a user has cancelled a transaction 3 times in a 12-month period, their account will automatically be suspended. If a user disagrees with the decision to suspend their account, they can appeal by emailing peer-ex.user-services@outlook.com with their account details.

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Content others upload

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If you see User Content on the Site that does not adhere to the Terms, please use the report function on the Site or contact us with evidence at: peer-ex.user-services@outlook.com (2)

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Third party sites

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The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us.

 

[Drafting Note: If you receive a benefit for promoting certain products or services (for example, if you run a recipe website and feature a certain brand of ingredients in a recipe), we recommend that you make the website visitor aware of the benefit via a disclosure. If you have any questions in relation to this, please contact a Solicitor.]

 

We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.

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When our liability is not limited

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Nothing in these Terms is intended or operates to limit or exclude our liability in respect of which it would be unlawful for us to do so, including for:

 

(a) death or personal injury caused by our wilful negligence; and

 

(b) fraud or fraudulent misrepresentation.

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When our liability is limited

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Where you purchase products or services from us, different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will/have be/been set out in our [insert (Requirements for Listing Electrical Goods) of supply document e.g. Terms and Conditions / Terms of Trade / Subscription Agreement].

 

Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, any unforeseeable loss, or loss of business opportunity.

 

Users are solely responsible for the protection of their devices from viruses and malware. The User must take appropriate measures to ensure this. In the that a User contracts a virus or malware, we assume no liability for any damages and/or breach/loss of data.

 

If you are a consumer under the Consumer Rights Act 2015 and any defective digital Content that we have supplied to you damages a device or digital content belonging to you, and this is caused by our failure to use reasonable care and skill, we will either repair the damage (within a reasonable period of time) or pay you compensation. Our total liability for such damage will be limited to us repairing the damage or paying you compensation. However, we will not be liable for damage that was caused by you failing to have in place the minimum system requirements advised by us. For mobile: iOS 14 or later, Android 10 or later. For desktop: Windows 10 or later, macOS 10.15 (Catalina) or later, modern Linux distributions and 8GB of RAM. Browser: any modern browser. Users must have JavaScript enabled.

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Privacy & Cookies

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We respect your privacy and understand protecting your personal information is important. [Our Privacy Notice (available on the Site) sets out how we will collect and handle your personal data.]

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What happens if we sell the Site

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If the Site is sold, the data that has been collected and stored will be transferred to the new owner of the Site. More information is available in our Privacy Notice.

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If we discontinue the Site

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We may, at any time at our absolute discretion and without notice, modify or discontinue the Site (in whole or in part), or exclude any person from using our Site. All transactions will be cancelled and all money returned to the rightful owner. All listings will be discontinued. Peer-eX Limited will retain all data that has already been collected.

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Which laws govern these Terms

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These Terms are governed by the laws of England and Wales. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

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Changes to these Terms

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We may, at any time and at our absolute discretion, vary these Terms by publishing the varied terms on the Site. We recommend you check the Site regularly to ensure you are aware of our current terms.

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For any questions and notices, please contact us at:

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[Peer-eX Limited] Company registration number [15351166]

Email: peer-ex.user-services@outlook.com

Last update: 16 September 2024