Terms and Conditions
This User Agreement (the “User Agreement”) describes the terms and conditions applicable to your use of our services provided by [Boso.com Limited] (“Boso.com”, “We”, or “Us”) available under the domain and sub-domains at http://www.boso.com (the “Site”).
Access to our services is conditional upon your agreeing to be bound by the terms of this User Agreement.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of the Site.
We may amend this User Agreement at any time by giving you notice (“Notice”), which shall be deemed to have been validly served on you: either (i) by e-mail; or (ii) by posting amendments to the User Agreement that is available on the Site. Any amended User Agreement will govern and be effective for new user registrations from the date that it is posted on the Site. Existing users will be bound by the amended User Agreement after the expiry of 30 days following the date of service of Notice. No other amendment to this User Agreement will be effective.
1. Services.
Boso.com provides a listing service enabling students to contact each other with items for sale (the “Services”).
2. Membership Eligibility.
The Services may only be used by existing undergraduate or post-graduate students who have a valid herald email address ending in either ac.uk or .edu (“Users”). It is a condition of membership that Users have physical possession of the items that are to be posted for sale and are able to sell such items with full title guarantee.
3. User ID.
Users must choose a User ID and password on completion of registration at the Site. Users are responsible for all actions taken under that User ID and password and shall only use or utilise the Site using their individual User ID and password. Users must use every effort to keep their password safe and should not disclose it to any other person. The password or User ID may not be sold or transferred to any other person, nor should any other person be permitted, either directly or indirectly, to utilise a User ID or password.
4. Boso.com is only a venue.
4.1 Boso.com is not an auctioneer.
The Site acts as a venue which allows students to contact each other in order to sell and buy items they need. We do not review listings provided by Users, we never take possession of the items offered through the Site, and we are not involved in the negotiation or completion of transactions between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Users should not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on the Site. We are not responsible for ensuring that buyers and sellers actually complete a transaction. You accept sole responsibility for the legality of your actions under all applicable law.
4.2 Restricted Items.
You must not offer to sell or buy any items which you do not possess for sale with full title guarantee (i.e. free from any prior legal or equitable interests) or any items that are illegal. You may not contact a seller if you have no genuine interest in buying the item. We do not accept any obligation to protect you from unsafe items listed for sale on our Site, and you may not assume that items listed on the Site will be harmless to people or property.
4.3 Identity verification.
We use many techniques to verify the accuracy of the information that Users provide to us when they register on the Site. However, because user verification on the Internet is difficult, Boso.com cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site. Our User ID feedback rating system will also help you to evaluate the user with whom you are dealing. We hope that by restricting to students only, you will have a sufficient degree of confidence and security in sellers and buyer.
4.4 Feedback.
You must not take any actions that may undermine the integrity of the feedback system. If you earn a net feedback rating of -4, your right to use our services will be suspended, and you will be unable to list or bid. Feedback ratings are not designed for any purpose other than for facilitating trading between Boso.com users, and you agree that you shall not market or export your Boso.com feedback rating in any venue other than website. We do not allow you to import feedback from other websites to Boso.com because such feedback does not reflect your reputation within the Boso.com community.
4.5 Liability.
In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Boso.com from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
4.6 Information Control.
We do not control the information provided by other users which is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretences. By using this Site, you agree to accept such risks and agree that Boso.com is not responsible for the acts or omissions of users on the Site.
5. Listing and Selling.
5.1 Listing Description.
If you are a seller, you must ensure that you are legally able to sell each item included in a listing on the Site, and that it is lawful to sell such item to UK residents. You must describe your item and all terms of sale on the listing page of the Site. All items must be listed in an appropriate category. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item and you are responsible for ensuring that you have the right to use all content in your listings and we have the right to host it on our servers. It is a condition of your use of the Services that you indemnify us on demand for any losses or damage that we may suffer as a result of your breach of the User Agreement.
5.2 No Cancellation.
You acknowledge that we will commence supplying our services to you as soon as you have sent a “Post Your Item” form to us, and you recognise that you will not have the right to cancel any listing under the Consumer Protection (Distance Selling) Regulations 2000 or any equivalent legislation in your jurisdiction.
5.3 Fraud.
Without limiting any other remedies, we may suspend or terminate your account if we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Site.
6. Your Information.
6.1 Definition.
In this User Agreement “Your Information” is defined as any information you provide to us or other Users in relation to the Boso.com service including the registration, bidding, listing or feedback process (including, without limitation, any description of items listed), your postings on the message boards and any other content that you post within the Site. You are solely responsible for Your Information, and we act as a mere conduit for the online distribution and publication of Your Information.
6.2 Restrictions.
Your Information and your activities on our Site must not:
a. be false, inaccurate or misleading;
b. be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
c. infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
d. be fraudulent or involve the sale of counterfeit or stolen items;
e. be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising);
f. be obscene, indecent or contain child pornography;
g. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
h. contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information; or
i. cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.
6.3 Your Use of Other Users' Information.
In order to facilitate interaction among all Boso.com community members, our service allows you limited access to other users' contact information. As a seller you have access to the User ID, email address and other contact information of the buyer and as a buyer you have access to the User ID, email address and other contact information of the seller. By accepting this User Agreement, you agree that, with respect to other users' personally identifiable information that you obtain through the Site or through an Boso-related communication or Boso-facilitated transaction, you may only use such information in good faith for:
a. Boso-related communications that are not unsolicited commercial messages and relate to your genuine participation in a Boso-facilitated transaction;
b. the Services; and
c. any other purpose that such User expressly agrees to after adequate disclosure of the purpose(s).
6.4 Data Protection.
Any use by you of information pursuant to section 6.3 must be in accordance with applicable laws and regulations, including without limitation data protection and privacy laws. In all cases, you must give Users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another User to any third party without our consent and the consent of such other user after adequate disclosure
6.5 Spam.
Boso.com and our Users do not tolerate spam or unsolicited commercial communications. Therefore, without limiting the foregoing, you shall not add a Boso.com User, even a User who has purchased an item from you, to your mail list (email or physical mail) without their express written consent after adequate disclosure. To report spam from other Boso.com users, please send an email to the Site Administrator.
6.6 Use of Email Tools.
You may not use the Email This Auction to a Friend service, or other email forwarding services that we offer, to send spam or otherwise send content that would violate our User Agreement. We do not permanently store the email messages or the email addresses.
7. Breach.
Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration or any of your item listings and refuse to provide our services to you without notice to you: (i) if you breach this User Agreement or the documents incorporated by reference; or (ii) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or (iii) if we believe that your actions may cause us financial loss or legal liability.
8. Transfer of Data.
We view protection of Users' privacy as a very important community principle. Please note that Your Information will be stored and processed on our computers. Boso.com will hold and transmit Your Information in a safe, confidential and secure environment. Your registration constitutes your consent to the storage and subsequent of Your Information - if you object to your Information being transferred or used in this way please do not register.
9. No Warranty.
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided “as is” and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
10. Limitation of Liability.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing we will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.
We also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
11. Governing Law and Legal Compliance.
This User Agreement shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts.
12. Dispute Resolution.
Disputes between you and Boso.com regarding our services may be reported to info@boso.com. We encourage you to report all disputes between Users to your local law enforcement body.
13. Third Party Rights.
A person who is not a party to this User 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 User Agreement or which exists or is available apart from that Act.
14. General.
If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that this User Agreement and all incorporated agreements may be automatically assigned by Boso.com, in our sole discretion, to a third party in the event of a merger or acquisition or any other event.
You and Boso.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.
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