Last Updated
07
September
2020
1. Agreement
to Terms
1.1 These Terms and Conditions
constitute a legally binding agreement made between you, whether personally or on behalf of an
entity (you), and
GUNROOM DIGTIAL LIMITED LIMITED registered in England and Wales under company number 12958208
(we, us), concerning your access to and use of the gunroom.digital (https://www.gunroom.digital) website as well as
any related applications (the Site).
The Site provides the following services:
Online market place that connects buyers and sellers of shotguns and
firearms in the UK.
(Services). You agree that by accessing the Site and/or Services, you have
read, understood, and agree to be bound by all of these Terms and Conditions.
If you do not agree with all of
these Terms and Conditions, then you are prohibited from using the Site and Services and you
must discontinue use immediately. We recommend that you print a copy of these Terms and
Conditions for future reference.
1.2
The supplemental policies
set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may
be posted on the Site from time to time, are expressly incorporated by
reference.
1.3
We may make changes to
these Terms and Conditions at any time. The updated version of these Terms and Conditions will be
indicated by an updated “Revised” date and the updated version will be effective as soon as it is
accessible. You are responsible for reviewing these Terms and Conditions to stay informed of
updates. Your continued use of the Site represents that you have accepted such
changes.
1.4
We may update or change the
Site from time to time to reflect changes to our products, our users' needs and/or our business
priorities.
1.5
Our site is directed to
people residing in England. The information provided on the Site is not
intended for distribution to or use by any person or entity in any jurisdiction or country where
such distribution or use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country.
1.6
The Site is intended for
users who are at least 18 years old. If you are under the age of 18, you are not permitted to
register for the Site or use the Services without parental permission.
1.7
Additional policies which also apply to your use of the Site include:
● Our Privacy Notice https://www.gunroom.digital, which sets out the terms on which
we process any personal data we collect from you, or that you provide to us. By using the Site, you
consent to such processing and you warrant that all data provided by you is accurate.
● Our Acceptable Use Policy
https://www.gunroon.digital/privacy, which sets out the
permitted uses and prohibited uses of the Site. When using the Site, you must comply with this
Acceptable Use Policy.
● Certain parts of this Site can be used only on payment of a fee.
2. Acceptable Use
2.2
You may not access or use
the Site for any purpose other than that for which we make the site and our services available. The
Site may not be used in connection with any commercial endeavors except those that are specifically
endorsed or approved by us.
2.3
As a user of this Site, you
agree not to:
●
Systematically retrieve data or other content from the Site to a compile
database or directory without written permission from us
●
Make any unauthorized use of the Site, including collecting usernames and/or
email addresses of users to send unsolicited email or creating user accounts under false
pretenses
●
Use a buying agent or purchasing agent to make purchases on the Site
●
Circumvent, disable, or otherwise interfere with security-related features of
the Site, including features that prevent or restrict the use or copying of any content or
enforce limitations on the use
●
Engage in unauthorized framing of or linking to the Site
●
Trick, defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user passwords
●
Make improper use of our support services, or submit false reports of abuse or
misconduct
●
Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data gathering and extraction
tools
●
Interfere with, disrupt, or create an undue burden on the Site or the networks
and services connected to the Site
●
Attempt to impersonate another user or person, or use the username of another
user
●
Sell or otherwise transfer your profile
●
Use any information obtained from the Site in order to harass, abuse, or harm
another person
●
Use the Site or our content as part of any effort to compete with us or to
create a revenue-generating endeavor or commercial enterprise
●
Decipher, decompile, disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the Site
●
Attempt to access any portions of the Site that you are restricted from
accessing
●
Harass, annoy, intimidate, or threaten any of our employees, agents, or other
users
●
Delete the copyright or other proprietary rights notice from any of the
content
●
Copy or adapt the Site’s software, including but not limited to Flash, PHP,
HTML, JavaScript, or other code
●
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material that interferes with any party’s uninterrupted use and enjoyment of
the Site, or any material that acts as a passive or active information collection or
transmission mechanism
●
Use, launch, or engage in any automated use of the system, such as using
scripts to send comments or messages, robots, scrapers, offline readers, or similar data
gathering and extraction tools
●
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
●
Use the Site in a manner inconsistent with any applicable laws or regulations
●
Threaten users with negative feedback or offering services solely to give
positive feedback to users
●
Misrepresent experience, skills, or information about a User
●
Advertise products or services not intended by us
●
Upload false information to an advert
●
Uploaded images without prior consent from the photography owner
● Falsely imply a relationship with us or another company
with whom you do not have a relationship
3. Information you provide to us
3.1
You represent and warrant that: (a) all registration information you submit will be true,
accurate, current, and complete and relate to you and not a third party; (b) you will maintain the
accuracy of such information and promptly update such information as necessary; (c) you will keep your
password confidential and will be responsible for all use of your password and account; (d) you have the
legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in
the jurisdiction in which you reside, or if a minor, you have received parental permission to use the
Site.
If you know or suspect that anyone other than you knows
your user information (such as an identification code or user name) and/or password you must promptly
notify us at info@gunroom.digital.
3.2
If you provide any information that is
untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove
or change a user name you select if we determine that such user name is inappropriate.
4. Content you provide to us
4.1 There may be opportunities for you to post content to
the Site or send feedback to us (User Content). You understand and agree that your User
Content may be viewed by other users on the Site, and that they may be able to see who has posted that
User Content.
4.2 You further agree that we can use your User Content for any other
purposes whatsoever in perpetuity without payment to you, and combine your User Content with
other content for use within the Site and otherwise. We do not have to attribute your User
Content to you.
4.3
In posting User Content, including
reviews or making contact with other users of the Site you shall comply with our Acceptable Use Policy
https://www.gunroon.digital/privacy.
4.4 You warrant that any User Content does
comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach
of that warranty. This means you will be responsible for any loss or damage we suffer as a result of
your breach of this warranty.
4.5
We have the right to remove
any User Content you put on the Site if, in our opinion, such User Content does not comply with the
Acceptable Use Policy.
4.6
We are not responsible and
accept no liability for any User Content including any such content that contains incorrect
information or is defamatory or loss of User Content. We accept no obligation to screen, edit or
monitor any User Content but we reserve the right to remove, screen and/or edit any User Content
without notice and at any time. User Content has not been verified or approved by us and the views
expressed by other users on the Site do not represent our views or values
4.8
ALL digital media uploaded to the site including Photographs, content and videos uploaded to the site must have the prior consent of the copyright ownner. The user uploading the content is responsible for gaining any copyright approval prior to forwarding any media to gunroom.digital to use on the site. Gunroom.digital cannot be held responsible for any issues arising due to copyright protection on any digital media assets.
If you wish to complain about User
Content uploaded by other users please contact us at info@gunroom.digital or use the take down or report button.
5.
Our
content
5.1 Unless otherwise indicated, the Site and
Services including source code, databases, functionality, software, website designs, audio, video,
text, photographs, and graphics on the Site (Our Content) are owned or licensed to
us, and are protected by copyright and trade mark laws.
5.2
Except as expressly
provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.
5.3
Provided that you are
eligible to use the Site, you are granted a limited licence to access and use the Site and Our
Content and to download or print a copy of any portion of the Content to which you have properly
gained access solely for your personal, non-commercial use.
5.4
You shall not (a) try to
gain unauthorised access to the Site or any networks, servers or computer systems connected to the
Site; and/or (b) make for any purpose including error correction, any modifications, adaptions,
additions or enhancements to the Site or Our Content, including the modification of the paper or
digital copies you may have downloaded.
5.5
We shall (a) prepare the
Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection
software to try to block the uploading of content to the Site that contains
viruses.
5.6
The content on the Site is
provided for general information only. It is not intended to amount to advice on which you should
rely. You must obtain professional or specialist advice before taking, or refraining from taking,
any action on the basis of the content on the Site.
5.7
Although we make reasonable efforts to update the information on our
site, we make no representations, warranties or guarantees, whether express or implied, that Our
Content on the Site is accurate, complete or up to date.
6. Link to third party content
6.1 The Site may contain links to websites or applications
operated by third parties.We do not have any influence or control over any such third party websites or
applications or the third party operator. We are not responsible for and do not endorse any third party
websites or applications or their availability or content.
6.2
We accept no responsibility for adverts
contained within the Site. If you agree to purchase goods and/or services from any third party who
advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such
goods and/or services and if you have any questions or complaints in relation to them, you should
contact the advertiser.
7. Site
Management
7.1 We reserve the right at our sole
discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2)
take appropriate legal action against anyone in breach of applicable laws or these Terms and
Conditions; (3)
refuse, restrict access to or availability of, or disable (to the extent technologically
feasible) any of your Contributions;
(4)
remove from the Site or otherwise disable all files and content that are excessive in size or are in
any way a burden to our systems; and (5)
otherwise manage the Site in a manner designed to protect our rights and property and to facilitate
the proper functioning of the Site and Services.
7.2
We do not guarantee that
the Site will be secure or free from bugs or viruses.
7.3
You are responsible for configuring your information technology,
computer programs and platform to access the Site and you should use your own virus protection
software.
8. Modifications to and availability of the Site
8.1 We reserve the right to change, modify,
or remove the contents of the Site at any time or for any reason at our sole discretion without
notice. We also reserve the right to modify or discontinue all or part of the Services without
notice at any time.
8.2
We cannot guarantee the
Site and Services will be available at all times. We may experience hardware, software, or other
problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or
errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused
by your inability to access or use the Site or Services during any downtime or discontinuance of the
Site or Services.We are not obliged to maintain and support the Site or Services or to supply any
corrections, updates, or releases.
8.3
There may be information on
the Site that contains typographical errors, inaccuracies, or omissions that may relate to the
Services, including descriptions, pricing, availability, and various other information. We reserve
the right to correct any errors, inaccuracies, or omissions and to change or update the information
at any time, without prior notice.
9. Disclaimer/Limitation of Liability
9.1 The Site and Services are provided on an
as-is and as-available basis. You agree that your use of the Site and/or Services will be at your
sole risk except as expressly set out in these Terms and Conditions. All warranties, terms,
conditions and undertakings, express or implied (including by statute, custom or usage, a course of
dealing, or common law) in connection with the Site and Services and your use thereof including,
without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose
and non-infringement are excluded to the fullest extent permitted by applicable
law.
We make no warranties or representations
about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or
omissions in content: (2) any unauthorized access to or use of our servers and/or any and all
personal information and/or financial information stored on our server; (3) any interruption or
cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan
horses, or the like which may be transmitted to or through the site by any third party. We will not
be responsible for any delay or failure to comply with our obligations under these Terms and
Conditions if such delay or failure is caused by an event beyond our reasonable
control.
9.2 Our responsibility for loss or damage
suffered by you:
Whether you are a consumer or a business
user:
● We do not exclude or limit in any way our
liability to you where it would be unlawful to do so. This includes liability for death or personal
injury caused by our negligence or the negligence of our employees, agents or subcontractors and for
fraud or fraudulent misrepresentation.
● If we fail to comply with these Terms and
Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our
breach of these Terms and Conditions, but we would not be responsible for any loss or damage that
were not foreseeable at the time you started using the Site/Services.
Notwithstanding anything to the contrary
contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause
whatsoever and regardless of the form of the action, will at all times be limited to a total
aggregate amount equal to the greater of (a) the sum of £
£0
or (b) the amount paid, if any, by you to us for the Services/Site
during the six (6) month period prior to any cause of action arising.
If you are a consumer user:
● 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, or
loss of business opportunity.
● If defective digital content that we have
supplied, 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 or pay you compensation. However,
we will not be liable for damage that you could have avoided by following our advice to apply an
update offered to you free of charge or for damage that was caused by you failing to correctly
follow installation instructions or to have in place the minimum system requirements advised by
us.
● You have legal rights in relation to goods that are
faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice
Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal
rights.
10. Term
and Termination
10.1 These Terms and Conditions shall remain
in full force and effect while you use the Site or Services or are otherwise a user of the Site, as
applicable. You may terminate your use or participation at any time, for any reason, by following
the instructions for terminating user accounts in your account settings, if available, or by
contacting us at info@gunroom.digital.
10.2
Without limiting any other
provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without
notice or liability, deny access to and use of the Site and the Services (including blocking certain
IP addresses), to any person for any reason including without limitation for breach of any
representation, warranty or covenant contained in these Terms and Conditions or of any applicable
law or regulation.
If we determine, in our sole discretion,
that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable
law or regulation, we may terminate your use or participation in the Site and the Services or delete
your profile and
any content or information that you posted at any time, without warning, in our sole
discretion.
10.3
If we terminate or suspend
your account for any reason set out in this Section 9, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party. In addition to terminating or suspending
your account, we reserve the right to take appropriate legal action, including without limitation
pursuing civil, criminal, and injunctive redress.