These Terms and Conditions establish a legally binding agreement between you and JUST BUY UK governing your use of the JUST BUY UK Platform. The JUST BUY UK website (www.justbuyuk.co.uk) and related services, information and communications are collectively referred to as the “JUST BUY UK Platform”. For information on how we collect, store, and process your personal data please refer to our Privacy and Cookie Policy.
Please read these terms carefully, your consent at registration and continued use of the JUST BUY UK Platform (even just browsing our website) constitutes your acceptance of and agreement to be bound by and comply with all of the terms and conditions in these Terms of use and our Privacy Policy (together “Agreement) as well as any future amendments and additions to this Agreement we may publish from time to time. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using, the JUST BUY UK Platform.
BY USING THE JUST BUY UK PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT AND THAT IT WILL CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND JUST BUY UK. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE JUST BUY UK PLATFORM.
- The JUST BUY UK Platform Connects Buyers and Suppliers
The JUST BUY UK Platform is a web-based marketplace and a communication platform which enables connections between Buyers and Suppliers. “Buyers” are individuals and/or businesses seeking to buy or rent products, goods, services and or equipment from suppliers and are therefore customers of suppliers, and “suppliers” are merchants with stores and or businesses who upload information about their products, goods, services that they rent or sell which are available through the JUST BUY UK Platform subject to this Agreement. Buyers and Suppliers together are hereinafter referred to as “Users.”
“Rent/Rental” means to rent tools, plant and/or equipment via the JUST BUY UK Platform for a price from a Suppliers to a Buyer subject to the terms of the Service Agreement (defined below). If you agree on the terms of a Rental with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in Section 3.
SUPPLIERSS AND BUYERS ARE INDEPENDENT BUSINESSES OR INDIVIDUALS. SUPPLIERSS ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF JUST BUY UK. JUST BUY UK DOES NOT HIRE/BUY EQUIPMENT/PRODUCTS AND JUST BUY UK DOES NOT OFFER A RENTAL/PRODUCT PURCHASING SERVICE. BY CONNECTING PEOPLE AND BUSINESSES SEEKING RENTAL SERVICES AND PRODUCTS WITH SUPPLIERSS, JUST BUY UK OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS BUYERS WITH SUPPLIERSS WHO WISH TO PURCHASE PRODUCTS, RENT TOOLS, PLANT AND EQUIPMENT.
USERS HEREBY ACKNOWLEDGE THAT JUST BUY UK DOES NOT SUPERVISE, INSPECT, DIRECT, CONTROL OR MONITOR ANY SUPPLIERS’S PRODUCTS OR RENTAL SERVICES INCLUDING WITHOUT LIMITATION THE HIRE TOOLS, PLANT AND EQUIPMENT AND JUST BUY UK EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE PRODUCTS OR RENTAL SERVICES IN ANY MANNER, INCLUDING BUT NOT LIMITED TO WARRANTIES REGARDING THE CONDITION OF AND/OR QUALITY OF THE GOODS FOR HIRE AND/OR THE HIRE SERVICES, WARRANTIES OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY APPLICABLE LAW OR REGULATIONS.
Any reference on the JUST BUY UK Platform to any Suppliers being licensed or accredited in some manner, or "badged," “reliable,” “reliability rate,” “elite,” “great value,” "background checked," “vetted” (or similar language) designations indicates only that the Suppliers has completed a relevant account process or met certain criteria and does not represent anything else. JUST BUY UK does not endorse or guarantee any Suppliers on the JUST BUY UK Platform and does not make any assertions of such Suppliers being trustworthy, insured, safe or suitable. Instead, any such description is intended to be useful information for Buyers to evaluate when they make their own decisions about the identity and suitability of Suppliers and their products & equipment for rent whom they contact or interact with via the JUST BUY UK Platform.
The JUST BUY UK Platform enables connections between Users for the fulfilment of product purchases and Rental services. JUST BUY UK is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the product or Rental , Suppliers, or Buyers, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. JUST BUY UK makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Rental requested or services provided by, or the communications of or between, Users identified through the JUST BUY UK Platform, whether in public or private, via on- or off-line interactions, or otherwise howsoever.
JUST BUY UK is not responsible for and will not be liable for any tax payment or withholding, including but not limited to applicable VAT, national insurance, employer’s liability, social security, PAYE or other payroll withholding tax in connection with a User’s use of the JUST BUY UK Platform. The Suppliers assumes full and sole responsibility for all required and applicable income tax and national insurance contributions withholdings as to the Suppliers and all persons engaged by the Suppliers in the performance of the Rental services. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.
Company Background Checks and User Representations and Warranties
Company Background Checks
Users may be subject to a review process before they can register for and during their use of the JUST BUY UK Platform, which may include but is not limited to: Companies House registration, credit scores and trade references, using third party services as appropriate (“Company Background Checks”). Although JUST BUY UK may perform Company Background Checks, JUST BUY UK cannot confirm that each User is who they claim to be, and JUST BUY UK cannot and does not assume any responsibility for the accuracy or reliability of Company Background Check information.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. JUST BUY UK will not be liable for any false or misleading statements made by Users of the JUST BUY UK Platform.
NEITHER JUST BUY UK, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES”) ARE RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE JUST BUY UK PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE JUST BUY UK AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE JUST BUY UK PLATFORM.
User Representations and Warranties
All Users represent and warrant that:
- You have the legal right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide;
- You have read, understand, and agree to be bound by these Terms of Service and the Privacy and Cookie Policy;
- You will respect the privacy, property, and data protection rights of Users and will not record (whether video or audio or otherwise) any interaction by or with any User and/or JUST BUY UK in connection with the JUST BUY UK Platform and the Rental without the prior written consent of JUST BUY UK and/or the relevant User, as applicable;
- You will fulfil the commitments you make to other Users, communicate clearly and promptly, be present and/or available at the time you agree upon with your Suppliers or Buyer as the case may be.
- You will act professionally and responsibly in your interactions with other Users;
- You will use your real name or business name and an up-to-date image on your company profile;
- When using or accessing the JUST BUY UK Platform, you will act in accordance with all applicable laws and in good faith;
- You will not use the JUST BUY UK Platform for the purchase or delivery of any illegal or controlled goods or services.
- Where you enter into this Agreement on behalf of a company or other organisation, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
- Other than as fully and promptly disclosed in writing to JUST BUY UK, you do not have any motivation, status, or interest that JUST BUY UK may reasonably wish to know about in connection with the JUST BUY UK Platform, including without limitation, if you are using or will or intend to use the JUST BUY UK Platform for any journalistic, academic, investigative, or unlawful purpose.
Suppliers additionally represent and warrant that:
- When using the JUST BUY UK Platform, you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity;
- You have the unrestricted right to provide the products or Rental Services in the jurisdiction in which you will be offering the product or Rental;
- You are responsible for identifying and obtaining any required licenses, permits, or registrations before providing the products or Rental Service;
- You have any and all insurance required to operate your business and provide your products and services;
- You will honour your commitments to other Users on the Platform, including by responding to invitations promptly; performing the Rental Service(s) and delivering products as agreed upon with your Buyer; and providing timely, high-quality goods and services to your Buyers;
- You will only offer and provide products and Rental Services for goods which are fit for purpose and for which you have the necessary skills and expertise and provide the products and Rental safely and in accordance with all applicable laws.
Contract between Buyers and Suppliers
You acknowledge and agree that a legally binding contract with another User (the “Service Agreement”) is formed when you and that User agree on the terms of a product or Rental Service. The terms of the Service Agreement shall be one of the following industry standard terms as selected, agreed and executed between the Buyer and Suppliers on a case-by-case basis.
- Construction Plant Hire Association (CPA) - Model conditions for the hiring of plant
- Hire Association Europe (HAE) – Conditions for hire and sale of goods to consumers and businesses.
- International Powered Access Federation (IPAF) – Terms and conditions for hire
- FLTA (Fork Lift Truck Association)
Subject to using the standard terms noted above, the Service Agreement may include such other contractual terms mutually agreed between the Suppliers and Buyer to the extent such terms do not conflict with the terms in this Agreement and do not expand JUST BUY UK’s obligations or restrict JUST BUY UK’s rights under this Agreement.
JUST BUY UK is not a party to any Service or product Agreement and the formation of a Service or product Agreement will not, under any circumstances, create an employment or other service relationship between JUST BUY UK and the Suppliers, nor will it create an employment relationship between the Buyer and the Suppliers. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of JUST BUY UK. JUST BUY UK disclaims any other agency or authority to act on behalf of the Suppliers and assumes no liability or responsibility for any acts or omissions of the Suppliers, either within or outside of the JUST BUY UK Platform.
- Billing and Payment
Users of the JUST BUY UK Platform contract for the product or Rental directly with other Users. JUST BUY UK will not be a party to any contracts for the product or Rental. Payment for the product or Rental is made directly from the Buyer to the Suppliers, and not by JUST BUY UK. JUST BUY UK is not obligated to compensate the Suppliers for the Buyer’s failure to pay for the product or Rental.
Suppliers are responsible for accurately invoicing their Buyers in a timely manner if applicable. As Suppliers rendering services in the United Kingdom, you may have obligations to issue invoices or receipts to your Buyers. Any invoices or receipts have to comply with specific requirements. Buyers will be responsible for paying the invoice(s) for each product or Rental, which will include the pricing terms of the Rental provided by the Suppliers and agreed upon by the parties.
JUST BUY UK will be entitled to payment of commission for every product or Rental provided through the JUST BUY UK Platform, such commission to be charged to the Suppliers at a rate of 2.5% of the value of each product or Rental Payment (“JUST BUY UK Commission”).
Any Rental on the JUST BUY UK Platform is considered to be ‘on hire’ until the Buyer instructs and confirms an off-hire date via the JUST BUY UK Platform.
Buyers classified on the platform as trade credit customers will be required to pay the Suppliers by direct bank transfer within 30 days of receiving the Suppliers invoice. Payments by direct bank transfer must be to the Suppliers nominated bank account specified in the Invoice. The Buyer must pay the Rental Payment to the Suppliers directly. JUST BUY UK will raise an invoice to the Suppliers at the end of each month and at the end of hire period. The Suppliers must then pay the JUST BUY UK commission to JUST BUY UK directly within 30 days of the date of the JUST BUY UK invoice.
Users of the JUST BUY UK Platform will be liable for any taxes (including VAT) required to be paid on the products or Rental provided under the Agreement.
- Invoicing Obligations for Suppliers
The Suppliers shall be responsible at all times, and fully liable regarding, (i) its invoicing obligations, in particular as regards the content of the invoice and its mandatory details and (ii) the VAT consequences deriving from that. More generally, the Suppliers shall be responsible for filing his/her VAT returns and paying VAT relating to the products and Rental provided by the Suppliers for the benefit of the Buyer.
JUST BUY UK shall not be held responsible for any breach of the Suppliers' tax obligations, it being specified that JUST BUY UK shall not be held jointly and severally liable for VAT, interest on overdue VAT, or for any penalties or fines that would be owed by the Suppliers.
Public Areas; Acceptable Use
The JUST BUY UK Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, Rental postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the JUST BUY UK Platform, you should not share your personal contact information with other Users.
Without limitation, the JUST BUY UK Platform may not be used for any of the following purposes:
- To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and JUST BUY UK staff;
- To publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information;
- To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or JUST BUY UK;
- To upload files or scripts such as Trojan horses, corrupt files, SQL injections, worms, timebombs, cancelbots or any other files or software that may damage JUST BUY UK or its Users’ computers;
- To advertise or offer to sell any goods or services for any commercial purpose through the JUST BUY UK Platform which are not relevant to the products or Rental services;
- To post or complete a product or Rental requiring a User to (i) purchase or obtain gift cards or money orders (ii) purchase high value items without obtaining pre- authorization from JUST BUY UK, (iii) post ratings or reviews on any third party website in breach of such third party website’s terms of use, or (iv) otherwise engage in activity that is illegal or deemed dangerous, harmful or otherwise inappropriate by JUST BUY UK in its sole discretion;
- To conduct or forward surveys, contests, pyramid schemes, or chain letters;
- To impersonate another person or a User or allow any other person or entity to use your user profile to post or view comments; While using the JUST BUY UK Platform, you may not:
- Use the JUST BUY UK Platform for any unauthorized or illegal purpose, including but not limited to posting or providing a product or Rental in violation of applicable laws;
- Post or upload any content which you have not obtained the necessary rights and permissions to use accordingly;
- Post the same product or Rental repeatedly (“Spamming”);
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the JUST BUY UK Platform;
- Restrict or inhibit any other User from using and enjoying the Public Areas;
- Imply or state that any statements you make (whether on or off the JUST BUY UK Platform) are endorsed by JUST BUY UK, without the prior written consent of JUST BUY UK;
- Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the JUST BUY UK Platform, or the electronic addresses or personal information of others, in any manner;
- Frame or utilize farming techniques to enclose the JUST BUY UK Platform or any portion thereof;
- Hack or interfere with the JUST BUY UK Platform, its servers or any connected networks;
- Adapt, alter, license, sublicense or translate the JUST BUY UK Platform for your own personal or commercial use;
- Remove, alter, or misuse, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by JUST BUY UK and Affiliates;
- Upload content to the JUST BUY UK Platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
- Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner;
- Use the JUST BUY UK Platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the JUST BUY UK Platform as set forth herein;
- Use the JUST BUY UK Platform to collect usernames, email addresses, or other personal information of Users by electronic or other means;
- Use the JUST BUY UK Platform or the Rental service in violation of this Agreement;
- Use the JUST BUY UK Platform in a manner that is false or misleading (directly or by omission or failure to update information), or for the purpose of accessing or otherwise obtaining JUST BUY UK’s trade secret information for public disclosure or other purposes;
- Attempt to circumvent JUST BUY UK commission in any way including, but not limited to providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
- Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number;
- Cause any third party to engage in the restricted activities above; or
- Use tools with the goal of masking your IP address (like the TOR network).
You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. JUST BUY UK will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas
- Deactivation and Suspension
JUST BUY UK may suspend your right to use the JUST BUY UK Platform pending its investigation of a potential breach by you of this Agreement. JUST BUY UK may deactivate your account or limit your use of the JUST BUY UK Platform upon its determination that you breached a provision of this Agreement (a “User Breach”). JUST BUY UK will provide you with written notice of its determination. If you wish to appeal this determination, please contact support@incic.org.uk within 14 days of receipt of such notice with the grounds for your appeal.
If JUST BUY UK suspends or deactivates your account or limits your use of the JUST BUY UK Platform pursuant to this Section 8, you are thereafter prohibited from registering and creating a new account under your name or business 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.
Even after your right to use the JUST BUY UK Platform is suspended, terminated or limited, this Agreement will remain enforceable against you. JUST BUY UK reserves the right to take appropriate legal action pursuant to the Agreement.
JUST BUY UK reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the JUST BUY UK Platform at its sole discretion. JUST BUY UK will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, JUST BUY UK shall not be liable to you for any modification or discontinuance of all or any portion of the JUST BUY UK Platform. JUST BUY UK has the right to restrict anyone from completing registration as Suppliers if such person may threaten the safety and integrity of the JUST BUY UK Platform, or if such restriction is necessary to address any other reasonable business concern.
You may terminate this Agreement at any time by ceasing all use of the JUST BUY UK Platform and deactivating your account. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement or your use of the JUST BUY UK Platform.
- Account, Password, Security, and Telephone Communications
You must register with JUST BUY UK and create an account to use the JUST BUY UK Platform. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by JUST BUY UK for accessing the JUST BUY UK Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. JUST BUY UK has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to notify JUST BUY UK immediately.
You acknowledge that telephone calls to or from JUST BUY UK, together with its agents and Affiliates, may be monitored and recorded for the purposes of quality control and training.
You hereby represent and warrant that any contact information provided to JUST BUY UK, our agents and affiliates, and Users, including, but not limited to, your name, business name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You hereby represent and warrant that you are the current subscriber or Suppliers of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Should any of your contact information change, you agree to immediately notify JUST BUY UK before the change goes into effect.
User Generated Content
“User Generated Content” is defined as any information and materials you provide to JUST BUY UK, its corporate partners, or other Users in connection with your registration for and use of the JUST BUY UK Platform and participation in JUST BUY UK promotional campaigns, including without limitation the information and materials posted or transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that JUST BUY UK is not involved in the creation or development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that JUST BUY UK has no obligation to monitor or review User Generated Content, but reserves the right to limit or remove User Generated Content if it is not compliant with the terms of this Agreement.
You hereby represent and warrant to JUST BUY UK that your User Generated Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; (c) will not infringe on any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality (to the extent recognised by law in the country where the Rental Service is performed); (d) will not violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); (e) will not be defamatory, libellous, malicious, threatening, or harassing; (f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (g) will not contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) will not claim or suggest in any way that you are employed or directly engaged by or affiliated with JUST BUY UK or otherwise purport to act as a representative or agent of JUST BUY UK; and (i) will not create liability for JUST BUY UK or cause JUST BUY UK to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or Suppliers.
The JUST BUY UK Platform hosts User Generated Content relating to reviews and ratings of specific Suppliers (“Feedback”). Feedback is such User’s opinion and not the opinion of JUST BUY UK, and has not been verified or approved by JUST BUY UK. You agree that JUST BUY UK is not responsible or liable for any Feedback or other User Generated Content. JUST BUY UK encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. JUST BUY UK is not obligated to investigate any remarks posted by Users for accuracy or reliability or to consider any statements or materials posted or submitted by Users about any Feedback but may do so at its discretion. You agree that Feedback enables Users to post and other Users to read about Users’ expression of their experiences and that you will not complain or take any action merely because you happen to disagree with such feedback. You may request removal of a review that violates this Agreement by contacting support@incic.org.uk. Each Buyer should undertake their own research to be satisfied that a specific Suppliers meets their specific requirements for a product or Rental.
JUST BUY UK respects the personal and other rights of others, and expects Users to do the same. JUST BUY UK is entitled to identify a User to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly.
If a User believes, in good faith, that any User Generated Content provided on or in connection with the JUST BUY UK Platform is objectionable or infringes any of its rights or the rights of others (e.g. counterfeiting, insult, invasion of privacy), the User is encouraged to notify JUST BUY UK. If a User discovers that User Generated Content promotes crimes against humanity, incites hatred and/or violence, or concerns child pornography, the User must notify JUST BUY UK. Such notification can be made at support@incic.org.uk.
To the extent permitted by law, you hereby grant JUST BUY UK a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right to exercise all copyrights, publicity rights, and any other rights you have in your User Generated Content (collectively, “Media”) in exchange for use of the JUST BUY UK Platform, in any media now known or not currently known in order to market, operate, and improve upon the JUST BUY UK Platform, including but not limited to the right to the following:
- Use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Media or User Generated Content;
- Exhibit, distribute, display, transmit, and broadcast on any and all media (including, without limitation, the internet), any Media or User Generated Content (or portion thereof) or any videotape, film, recording, or photograph (or portion thereof) that such User provides to JUST BUY UK or that JUST BUY UK takes of User, and use, reproduce, modify, or creative derivatives of such User Generated Content or Media, including such User’s picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness”) in any format and through any distribution channels;
- Reproduce in any and all media any recordings of such User’s voice, and any related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the JUST BUY UK Platform or any JUST BUY UK promotional campaigns;
- Use, and permit to be used, such User’s Media in the advertising, marketing, and/or publicizing of the JUST BUY UK Platform in any media, in any format and through any distribution channels; and
- Use, and permit to be used, such User’s name and identity in connection with the JUST BUY UK Platform or any JUST BUY UK promotional campaigns.
Further, you hereby waive any and all moral rights in connection with the Media (to the extent allowable by law). Each User warrants and represents that they have the lawful authority to grant the rights set out above, and that such rights do not negatively impact any third party rights.
Each User acknowledges that JUST BUY UK shall not owe any financial or other remuneration for using the Media provided hereunder by such User, either for initial or subsequent transmission or playback.
- Links to Third-Party Websites
The JUST BUY UK Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by JUST BUY UK or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the JUST BUY UK Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. JUST BUY UK does not control any such websites, and is not responsible for their availability, accuracy, content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that JUST BUY UK is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that JUST BUY UK has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the JUST BUY UK Platform at its sole discretion.
The use of any website controlled, owned or operated by a third party is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. JUST BUY UK expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the JUST BUY UK Platform. You hereby agree to hold JUST BUY UK harmless from any liability that may result from the use of links that may appear on the JUST BUY UK Platform.
- JUST BUY UK Operates as an Online Marketplace
JUST BUY UK operates as an online marketplace that connects Buyers with Suppliers who wish to provide a product or Rental. JUST BUY UK does not sell products or Rent any goods and does not provide any Rental services whatsoever. Suppliers operate as independent business Suppliers and are customarily engaged in an independently established product or Rental business. JUST BUY UK does not control or direct the Suppliers performance of the product or Rental services or set their prices or delivery times. Suppliers provide services under their own name or business name, and not under JUST BUY UK’s name. Suppliers provide their own equipment and transport for the product or Rental; JUST BUY UK does not provide the equipment or transport. Suppliers are free to maintain customer relationships without any restrictions from JUST BUY UK and are free to offer and provide their services elsewhere, including through competing platforms. JUST BUY UK does not set Suppliers prices or terms of work. Suppliers are free to accept or reject Buyers and enquiries. Suppliers are not penalised for rejecting Buyers or enquiries, though if Suppliers accept a Buyer or submit a quote through the JUST BUY UK Platform, they are expected to fulfil their contractual obligations. Suppliers set their own prices for products and Rentals performed in the JUST BUY UK general marketplace. Suppliers prices are provided as is to the Buyer, without amendment by JUST BUY UK. JUST BUY UK will charge a commission to the Suppliers as a % of the value of each transaction. For any enquiries received by Suppliers via the JUST BUY UK platform, Suppliers may not bypass the JUST BUY UK platform to accept the order from the customer directly. For any orders received by Suppliers by bypassing the JUST BUY UK platform, the JUST BUY UK Commission for that transaction shall remain due and payable to JUST BUY UK.
The JUST BUY UK Platform is not an employment agency service or business and JUST BUY UK is not an employer of any User. Suppliers acknowledge and confirm that they are responsible for exercising their own business through Just Buy UK when entering into Service Agreements and providing products and Rentals and that, depending on how they exercise such business through Just Buy UK, there is a chance for individual profit or loss.
- Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including JUST BUY UK designs, trademarks, and logos (collectively “Proprietary Material”) that Users see or read through the JUST BUY UK Platform is owned or licensed by JUST BUY UK, excluding User Generated Content, which Users hereby grant JUST BUY UK a license to use as set forth above in Article 10. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. JUST BUY UK owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material is protected by domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the JUST BUY UK Platform without JUST BUY UK’s express prior written consent and, if applicable, the consent of the holder of the rights to the User Generated Content. Any use of such Proprietary Material other than as permitted herein is expressly prohibited.
The service marks and trademarks of JUST BUY UK, including without limitation JUST BUY UK, and associated logos, are service marks owned by JUST BUY UK. Any other trademarks, service marks, logos and/or trade names appearing via the JUST BUY UK Platform are the property of their respective Suppliers. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the Suppliers.
All photographic media of items for rental on the JUST BUY UK Website are supplied by JUST BUY UK’s Suppliers and JUST BUY UK accepts no responsibility for any claims that arise as a result of any claim that such materials infringe the intellectual property rights of any third-party (“Claim”). All such Claims are between the claimant and the Supplier who agrees to indemnify, release and hold harmless JUST BUY UK in respect of any losses, costs, penalties or interest that flow from any Claim. If you contact JUST BUY UK about infringing material on our Site, JUST BUY UK will investigate the Claim immediately and if appropriate remove the infringing content from the Site.
Confidential Information
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of JUST BUY UK and agree that you will not, for the lifetime of your account on JUST BUY UK plus 5 years thereafter, disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of the JUST BUY UK Platform in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall promptly notify JUST BUY UK in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall return all originals and any copies of any and all materials containing Confidential Information to JUST BUY UK promptly upon deactivation of your User account or termination of this Agreement for any reason whatsoever.
The term “Confidential Information” shall mean any and all of JUST BUY UK’s trade secrets, confidential and proprietary information, and all other information and data of JUST BUY UK that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other Proprietary Materials and confidential information relating to JUST BUY UK or JUST BUY UK’s business, operations or properties, including information about JUST BUY UK’s staff, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.
Either party may:
- disclose any Confidential Information to any of its employees, officers, representatives or advisers (Representatives) who need to know the relevant Confidential Information for the purposes of the performance of any obligations under this Agreement, provided that such party must ensure that each of its Representatives to whom Confidential Information is disclosed is aware of its confidential nature and agrees to comply with this clause as if it were a party;
- disclose any Confidential Information as may be required by law, any court, any governmental, regulatory or supervisory authority (including, without limitation, any securities exchange) or any other authority of competent jurisdiction to be disclosed; and
- use Confidential Information only to perform any obligations under this Agreement.
On termination of this Agreement, all Confidential Information relating to or supplied by a party and which is or should be in the other party’s possession will be returned by the other party or (at the first party’s option) destroyed and certified as destroyed.
- Disclaimer of Warranties
- Use Of The JUST BUY UK Platform Is Entirely At Your Own Risk
THE TECHNOLOGY OF THE JUST BUY UK PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, AND NON- INFRINGEMENT. JUST BUY UK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE JUST BUY UK PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE JUST BUY UK PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE JUST BUY UK PLATFORM,
(III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.
JUST BUY UK does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third-party through the JUST BUY UK Platform or any hyperlinked website or featured in any banner or other advertising, and JUST BUY UK will not be a party to or in any way be responsible for monitoring any transaction between you and other Users, or you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate. Without limiting the foregoing, JUST BUY UK and Affiliates do not warrant that access to the JUST BUY UK Platform will be uninterrupted or that the JUST BUY UK Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the JUST BUY UK Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Rental Service, information or materials provided through or in connection with the use of the JUST BUY UK Platform. JUST BUY UK and Affiliates are not responsible for the conduct, whether online or offline, of any User. JUST BUY UK and Affiliates do not warrant that the JUST BUY UK Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. JUST BUY UK and Affiliates will implement appropriate technical and organizational measures to ensure a level of security adapted to the risk for any personal information supplied by you.
Notwithstanding any feature a Buyer may use to expedite JUST BUY UK selection, each Buyer is responsible for determining the Rental and selecting their Suppliers and JUST BUY UK does not warrant any goods or services purchased by a Buyer and does not recommend any particular Suppliers. JUST BUY UK does not provide any warranties or guarantees regarding any Suppliers ability, professional accreditation, registration or license.
- No Liability
Regardless of any other provision in this Agreement, nothing in these Terms of Service excludes or limits liability for:
(I) death or personal injury caused by JUST BUY UK’s negligence;
(II) fraud or fraudulent misrepresentation; or
(III) any other liability that, by law, may not be limited or excluded.
You acknowledge and agree that JUST BUY UK is only willing to provide the JUST BUY UK Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold JUST BUY UK and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys fees and costs (collectively, “Liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the JUST BUY UK Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by JUST BUY UK and Affiliates, and any destruction of your User Generated Content.
UNDER NO CIRCUMSTANCES WILL JUST BUY UK AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR, AND YOU HEREBY RELEASE JUST BUY UK AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY JUST BUY UK, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ATTORNEYS FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE JUST BUY UK PLATFORM OR THE RENTAL, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN SUCH CASES THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.
JUST BUY UK AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS JUST BUY UK PLATFORM. JUST BUY UK AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED AND/OR GOODS SUPPLIED VIA THE JUST BUY UK PLATFORM.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT JUST BUY UK AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY OF JUST BUY UK AND AFFILIATES OR THEIR CORPORATE PARTNERS UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF:
(I) £5,000 (FIVE THOUSAND POUNDS); OR
(II) TOTAL FEES PAID BY YOU TO JUST BUY UK (IF YOU ARE A BUYER) OR TOTAL RENTAL SERVICE PAYMENTS PAID TO YOU BY BUYERS (IF YOU ARE AN SUPPLIERS), DURING THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
- Indemnification
You hereby agree to indemnify, defend, and hold harmless JUST BUY UK and Affiliates from and against any and all Liabilities incurred in connection with- your use or inability to use, or your participation on, the JUST BUY UK Platform;
- your participation in providing products and Rental Services, or your ability or inability to perform or obtain the performance to provide products or Rental Services or to receive payment therefore;
- your breach or violation of this Agreement;
- your violation of any law, or the rights of any User or third party;
- your failure to abide by your representations and warranties in Section 2;
- any content submitted by you or using your account to the JUST BUY UK Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and
- if you are a Buyer, the acts or omissions of any Buyer’s Agents. JUST BUY UK reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of JUST BUY UK.
- Dispute Resolution
To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding your use of the JUST BUY UK Platform, your relationship with JUST BUY UK, Rentals, or this Agreement (including previous versions), (“Dispute”), you and JUST BUY UK agree to first attempt to negotiate any informally for at least 30 days before initiating court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is the one associated with your account, with an email copy to the email address you have provided to JUST BUY UK. JUST BUY UK’s address for such notice is support@incic.org.uk.
- No Agency; No Employment
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
General Provisions
Failure by JUST BUY UK to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and JUST BUY UK with respect to its subject matter, and supersedes and governs any and all prior agreements or communications. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. You hereby acknowledge and agree that we may assign or transfer this Agreement without your consent, including but not limited to assignments:
- to a parent or subsidiary,
- to an acquirer of assets, or
- to any other successor or acquirer.
Upon the effective date of the assignment of the Agreement (a) JUST BUY UK shall be relieved of all rights, obligations and/or liabilities to you arising in respect of events postdating the effective date of the assignment and, (b) the assignee entity shall replace JUST BUY UK for the performance of this Agreement.
This Agreement may not be assigned or transferred by you without our prior written approval. Any assignment in violation of this Section shall be null and void. This Agreement will inure to the benefit of JUST BUY UK, its successors and assigns.
- Licensing
Suppliers alone are responsible for identifying and obtaining any required licenses, permits, or registrations before offering products or Rentals and undertaking Rental services. Indeed, certain types of products and Rentals may be prohibited altogether, and it is the responsibility of Suppliers to avoid such prohibited products and Rentals provision. Penalties may include fines or other law enforcement. If you have questions about how applicable laws apply to your products or Rentals on the JUST BUY UK Platform, you should first seek appropriate legal guidance.
Because JUST BUY UK does not supervise, scope, direct, control, or monitor a Suppliers goods or performance of products and Rentals, Buyers must determine for themselves whether a Supplier is qualified to provide the specific product or Rental at hand. Buyers may wish to confirm for themselves whether certain products or Rentals are required under applicable laws to be installed or performed by a licensed or otherwise registered professional. Buyers may also wish to discuss with their Suppliers any specific hazards, obstacles, or impediments in the product or Rental location (both visible and concealed) that may impact the products or Rentals.
- Changes to this Agreement and the JUST BUY UK Platform
JUST BUY UK reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Terms of Service and Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the JUST BUY UK Platform or any content or information through the JUST BUY UK Platform at any time, effective with or without prior notice and without any liability to JUST BUY UK. JUST BUY UK will endeavor to notify you of material changes to this Agreement by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using, the JUST BUY UK Platform. Your continued use of the JUST BUY UK Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. JUST BUY UK may also impose limits on certain features or restrict your access to part or all of the JUST BUY UK Platform without notice or liability.
- No Rights of Third Parties
The provisions of this Agreement are for the sole benefit of the Parties and their successors and permitted assigns, and they will not be construed as conferring any rights to any third party (including any third-party beneficiary rights). No terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this Agreement, provided, however, that a Buyer’s Agent may act in the name of and on behalf of his/her Buyer.
- Notices and Execution
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically, including without limitation by email or by posting Notices on the Sites. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all Notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day it is shown as delivered by the overnight delivery service’s tracking information, if sent for next day delivery by a recognized overnight delivery service.
By using the JUST BUY UK Platform, you agree to transact electronically through the JUST BUY UK Platform. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature. If you have any questions about these Terms of Service or about the JUST BUY UK Platform, please contact us by email at support@incic.org.uk.
- Governing Law
This Agreement and your use of the JUST BUY UK Platform shall be governed by English law, and any dispute regarding this Agreement or the use of the JUST BUY UK Platform will only be dealt with by the English courts. Nothing shall prevent JUST BUY UK from bringing proceedings to protect our intellectual property rights before any competent court.