(1) The individual(s) or entity requesting the provision of Services (which may include Advertising Services) (“you”, “your”, etc.); and
(2) Mumar.co.uk, owned and operated by Leanne and Roland Gulvin of 25 Admiral Way, Exeter, Devon EX2 7GA (“We, “us”, “our”, etc.).
1.3. For the purposes of paragraphs 8, 11 to 13 and 16, references to the Site shall include and incorporate any social media or other external resource/website to which we have subscribed or that is otherwise controlled by us and references in each sub-paragraph of those paragraphs to Content shall include Content published or appearing on any of those resources/websites.
“Advertisement” means any advertisement that we make available to the public through the Site, in relation to a Sale Item, in fulfilment of an Advertising Contract and “Advertisements” means more than one of them.
“Advertising Services” means the online publication of one or more Advertisements, as more particularly defined in paragraph 3.3.
“Competition” has the meaning given in paragraph 11.1.
“Content” means written information and/or other media including, without limit, photographs, images, text, designs, graphics, logos, video, media files and other materials.
“Intellectual Property Rights” means all rights in the nature of intellectual property including, without limitation, all copyright, design rights, trade marks, logos, get-up and similar, in content, media, publications or otherwise.
“Online” means publication in any form on the world-wide-web, including on the Site.
“Sale Item” has the meaning given to that term in paragraph 3.1.
“Services” means the services as provided by us, from time to time.
- Provision of the Services
3.1. Mumar.co.uk is an online marketplace designed uniquely for parents, family and friends of multiples; our primary service is the online marketplace that we provide for use of both buyers and sellers; our secondary service is the provision of selling assistance through our ‘MuForYou’ service, where we may temporarily hold a Seller’s items in order to list them for sale on their behalf; you acknowledge that the legal contract confirming a sale is between the seller and the buyer of any such item.
3.2. We provide a facility to upload Sale Items through our Site, allowing a potential buyer to view and indicate their intention to purchase that item or those items from a seller; our service is the provision of the online marketplace, not the conclusion of sale/purchase transactions directly, which you accept and acknowledge.
3.5. We reserve all rights in our sole discretion to amend, edit, re-size, adapt or modify any Content as we deem appropriate, prior to publication of an Advertisement for a Sale Item.
3.6. Any date(s) indicated for the completion of the provision of all or part of the Advertising Services shall not be of the essence, being an indication of expectation only and any failure by us to meet any expected date(s) shall not entitle you to treat the Advertising Contract as repudiated or otherwise confer any right to rescind it or any related contract or arrangement then in existence.
3.7. Charges imposed by us for the provision of Advertising Services and any other use of our Services will be those set out, from time to time (within our Charges for Services page) on our Site. You authorise us to take payment for all charges properly due, using your payment method(s) confirmed to us, or otherwise via direct collection of any sum(s) that you owe.
3.8. You warrant and represent to us that in providing any Sale Item referred to in an Advertisement for that item or in relation to any related Content about it that you had uploaded to our Site, you will comply fully with any contract agreed with the buyer and will observe all sale or supply of goods and services legislation applicable to that sale/purchase transaction.
3.9. You warrant that you have not been induced to enter in to an Advertising Contract as a result of any representation, statement or assurance made on or before the date that the Advertising Contract comes into force, whether by us or by anyone associated with us and no such representation, statement or assurance shall be deemed to be incorporated in to an Advertising Contract, unless initialled by each of you and us and annexed to these terms and conditions
3.10. You accept that any indication of the Advertising Services contained in marketing or promotional material were only issued for the sole purpose of giving an approximate indication of the nature and scope of the services described in them and you agree they will not have contractual force.
3.11. When you indicate your intention to purchase an item through the Site, and then go on to complete check out, you understand that you enter into a legally-binding contract to purchase that item at the stated or agreed price, to include the commitment to pay that price to the seller. As such, you undertake to carefully consider a potential purchase before making a commitment to buy.
3.12. Although we may facilitate the resolution of any difficulties with buying and selling transactions, you accept that we make no warranties or representations about any actual Sale Items, save that we require our sellers to abide by our policies concerning listings, but are not in a position to guarantee that they do so.
- Consumer Protection; Information and Cancellation Rights
4.1. In relation to any Sale Items, sellers are required to provide buyers with certain pre-determined information, under consumer law. As a purchase through our online marketplace constitutes a distance contract, in other words, where the seller and buyer are not face-to-face, you acknowledge your acceptance of being provided with that information electronically, as opposed to on paper or on another durable medium; however, if you would like to receive that information in a durable form, or if you consider that the relevant seller has not fully provided you with the necessary information, you should first contact the seller requesting all relevant information from them – you may do this through the Site but acknowledge that it is not our responsibility, as the provider only of the Services, to do so.
4.2. In addition, buyers are entitled to exercise certain cancellation rights, where they are acting as a consumer and provided the Sale Items are not bespoke or personalised. This right to cancel may be exercised without having to give a reason; where Sale Items are defective, buyers have additional rights.
4.3. A buyer’s general right to cancel may be exercised at any time within 14 (fourteen) days from the day after they receive all of items purchased in one transaction, or where someone receives them on their behalf (this does not include receipt by any delivery company the seller may use). Following any notice of cancellation, the buyer will agree to return all items related to their cancellation without undue delay and in any event not later than 14 (fourteen) days from the day on which they communicated their cancellation to the seller.
4.4. Where a buyer does wish to cancel, they may do so by making a clear statement to that effect; it will help sellers where this is in writing; for example by letter or e-mail. There is a standard form of notice that a buyer may use, but they do not have to. An example of this is below:
I/We* hereby give notice that I/we* cancel my/our*contract for the supply of the following products:
Ordered on*/received on* ………………………………….[date]
Name of consumer(s): ……………………………………………
Address of consumer(s) ……………………………………………………………………………………………
Signature of consumer(s) …………………………………………………………………………………………..
(only if this form is notified on paper).
(*Delete as applicable)
- Orders for delivery outside of the EU
5.1. If Sale Items are ordered through the Site for delivery outside of the European Union (EU), you acknowledge that you may be subject to import duties and taxes, in addition to the price of the item(s), as a result of levies imposed by the relevant authorities where those items are intended to be received, or as part of their transit to that destination.
5.2. All additional charges, duties and taxes must be paid, allowing you to receive the Sale Items. We do not have any control over the imposition of such charges and the responsibility for receiving any purchased items lies with you; the relevant authorities will consider you to be the importer of record and accordingly you must comply with all applicable laws and regulations; the policies of different countries and territories can vary widely and therefore we recommend that you contact your local customs office for additional information. Any items received by you may also be subject to inspection, which may include the opening of secure packaging by the relevant authorities or customs officials.
- Charges and Funds Transfers
6.2. Where we receive funds in respect of the provision of the Services, you irrevocably authorise us to deduct all fees and expenses properly due to us; the balance of those funds, from time to time (the “Balance”) shall become due and payable to you; we will remit the Balance to your promptly, taking account of the volume of transactions being carried out; in addition, we will action any request, following written request to remit all or some of those funds to you, by confirming the amount to be transferred in writing; to aid the prompt remit of funds to you, we recommend that such request is made via the Site; on an ongoing basis, you must provide and ensure that any related bank or similar account to which funds are to be transferred are and remain accurate and up-to-date; we shall not be responsible for any misapplication of funds where we have, in good faith, relied on details provided for such purpose, where these prove to have been wrong. Where funds have only recently been received, those funds will not immediately be available for transfer, albeit they will show as part of your Balance. We allow a reasonable period between receipt of funds and your ability to make a transfer, to ensure transactions have gone through smoothly and to allow an opportunity for buyers to raise, and for sellers to attempt to resolve, any issues or disputes.
6.4. Where any sum remains outstanding and overdue, we may, in our discretion, suspend or terminate the provision of Services and/or claim default interest and other remedies pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 and The Late Payment of Commercial Debts Regulations 2002 (as amended).
- User Account
7.1. In order to post and/or upload Content, you will need to set up an account with us. You must be at least 18 years of age to set up an account.
7.2. Your account is personal to you and should not be shared by anyone else. You will be asked to create a username and password and must keep those details confidential and secure; you agree not to share your username and password details or allow anyone else to access your account; likewise, you agree not to access anyone else’s account using their username and password.
7.3. If you think there has been any unauthorised access to your account, we recommend that you change your details as soon as possible and notify us, providing us with an opportunity to investigate, should we consider that necessary.
7.4. In setting up an account, you will need to register a valid e-mail address and other personal details; you agree to keep all of those details up-to-date, from time to time. You appreciate that we will use these details to contact you, to provide relevant updates or where there are any issues or queries relating to your account or our provision of the Services.
- User Content
8.1. As part of the Services, you may post and/or upload Content to the Site, provided it meets the guidelines set out below; you accept and acknowledge that Content not meeting these requirements (or any other requirements that we specify, for example via e-mail to you) may be deleted and/or your right to continue to post or upload may be suspended or withdrawn; in addition, we may modify Content where we consider that to be preferable, in each case, acting in our sole discretion.
8.2. You confirm the following to us, on a continuing basis, in relation to any Content that you publish or cause to be published on the Site: (i) that you have all legal rights to post or upload such Content, (ii) that such Content does not, in whole or part, infringe the rights, including copyright and other Intellectual Property Rights, of any other person (for example where you do not have permission to share that Content), (iii) that such Content is not in contravention of any law or regulation, nor is it misleading, offensive, obscene, blasphemous, libellous, indecent, unacceptable or otherwise likely to fall foul of good taste or acceptability, given the nature and purpose of the Site and (iv) that it does not seek to endorse or suggest any affiliation with any third party.
8.3. Any Content that you create and publish on our Site is your sole responsibility; to provide the best user-experience on our Site, we do not pre-approve any Content before publishing and are not able to monitor or control such Content; if you do, however, view any Content that is offensive, inaccurate or otherwise inappropriate, we ask that you Contact Us so that we may review and take any necessary steps. We are not and shall not be held liable in any way arising from Content that is inaccurate or otherwise inappropriate (to include errors in any details of Sale Items), or any loss or damage arising from those circumstances.
8.4. Your Content posted to the Site may be shared, via links to our Site and via for example related social media and similar channels and you give your consent to this.
8.5. You acknowledge that legally we are the publisher of all Content and therefore you irrevocably agree to indemnify and hold us harmless from and against all claims, damages, losses, demands, costs and expenses arising from any Content that you post or upload or otherwise cause to be posted or uploaded to the Site, which results in loss, including loss or damage to our reputation.
On an ongoing basis, you undertake to co-operate fully with us in all matters relating to our Services including providing us promptly with all necessary information and other items that we may reasonably require; you accept and acknowledge that any delay or inability to provide such information and items may result, where relevant, in publication being delayed and in those circumstances, we shall not be liable for any losses or damages that arise.
- Other Advertisers
10.1. In relation to Advertising Services, you accept and acknowledge that we receive multiple requests for Advertisements and that these may relate to identical or similar products or services to those offered via any Advertisement(s) that you wish us to publish; as such, you agree not to seek to hold us liable or claim any damage or loss arising from the publication of any identical or similar Advertisement(s).
10.2. You appreciate that the provision of the Site is primarily for the benefit of users interested in finding items and products for sale and that inclusion of competitive suppliers or services to yours will inevitably arise.
- Competitions and Prize Draws
11.2. No purchase will be necessary to enter any Competition, unless otherwise specified.
11.4. All entries will be required to meet specific entry requirements, as published for the specific Competition; any entries that do not meet those requirements will not be considered.
11.5. Multiple or automatic entries may be disqualified.
11.6. We may, in our sole discretion, exclude or disqualify any entrant, should we deem that necessary.
11.7. All winners, once selected, will be notified personally via e-mail; identification of the winners will be published on the Site and in other media.
11.8. Entry to a Competition and acceptance of the prize constitutes permission granted to us and our agents to use the winner’s name, image and photograph for promotional purposes, including within print and non-print media, without further consultation.
- Availability & Content of this Site
12.1. We try to ensure that all information on this Site is accurate and error-free but we do not represent or warrant that the material comprised in this Site is completely accurate and/or up to date.
12.4. To add value to visitors’ experiences when using this Site, we may provide links to other websites or resources for you to access at your sole discretion, but you agree that we shall not be responsible or liable to you in respect of the availability or content of, or consequences of you linking to, any such external site; although we welcome links to this Site, we shall be entitled to demand that such links are broken if we consider the content or nature of the linking site to be unsuitable or unprofessional, as we see fit.
12.5. The content of external sites and advertisements linking to them are the responsibility of the third party site owner; businesses or site owners who wish to advertise on this Site should contact us and we will be pleased to discuss their requirements with them.
12.6. If the advertising, offering for sale or selling of the products or any services on this Site is illegal for any reason in the jurisdiction in which it is accessed or viewed, access to and/or viewing of such material is not authorised by us and you accept that any continued use is unauthorised and illegal.
- Non-Reliance on Content
You agree and acknowledge that any information (except for any Advertisement(s)) provided on this Site is for information purposes only and is not intended to be relied upon by you, or taken in any way as advice or a recommendation of such material. We therefore disclaim to the fullest extent permitted by law (including with regard to any indirect or consequential losses you may suffer) all liability and responsibility arising from any reliance placed on such material by any user of this Site, or by any third party who may become aware of any of its contents.
- Malicious Use of this Site
You must not use this Site in any malicious way, which shall include but not be limited to: knowingly, or allowing any third party to, introduce, post or transfer material which is malicious or intended to be technologically harmful to this Site and/or our property. You must not attempt to gain unauthorised access to this Site, its content, or the server(s) upon which it is held. Breach of this provision shall constitute a criminal offence under the Computer Misuse Act 1990 and we will report any such breach to, and work with, the relevant law enforcement authorities to identify and bring a prosecution against you.
15. Suspension and Termination
15.1. You accept that we may suspend or terminate the Services at any time, without prior notification should we, in our sole discretion, deem that to be necessary.
15.4. You accept that in the following circumstances, we may end the provision of Services to you, without notice:
- b) where you suspend, or threaten to suspend, payment of your debts or are, or are deemed to be (under any applicable laws relating to insolvency), unable to pay your debts as they fall due or admit an inability to pay your debts or where you seek to compromise your liabilities or make an arrangement with creditors generally; or
- c) where a petition or notice is filed, or a resolution passed, for or in connection with your insolvency, bankruptcy or, where applicable, winding up, or where you otherwise commence any formal insolvency process under applicable laws.
15.5. You accept and acknowledge that we shall continue to be entitled to be paid, in full, all charges then outstanding, where Services are terminated.
- Intellectual Property
16.1. All Intellectual Property Rights in or arising from the provision of Advertising Services shall, subject to any license granted under paragraph 16.2, be or remain our sole property.
16.2. We grant you a non-exclusive license to use any Content provided to us in connection with our delivery of the Services but not further or otherwise.
16.3. Any license granted under paragraph 16.2 shall be for the benefit of you only and shall not be capable of being assigned or sub-licensed to any other person or entity, which shall include permission for any other person or entity to use or benefit from those items, except in each case where our written consent has first been obtained.
16.6. Save as permitted above, no part of the Content contained in, or forming part of, this Site may be reproduced or stored in any retrieval system, for any commercial purpose. You acknowledge and agree that such Content is made available for your personal non-commercial use only, which you may only download for the purposes of using this Site. You further acknowledge and agree that any other use of such Content is strictly prohibited and you agree not to, nor to assist any other person to, copy, reproduce, transmit, publish, distribute, commercially exploit or create derivative works of it or any part of it.
- Loss and Indemnity
17.2. You undertake to indemnify and hold us harmless from and against all losses, damages, costs, expenses and liabilities incurred or suffered by us or our agents as a result of or arising you’re your acts and/or omissions (including those of others acting on your behalf) which relate in any way to the provision of Services, or which arise from any claim or legal proceedings brought or threatened against us by any third party for the misuse of any rights, Intellectual Property Rights, data or other information supplied to us by or on your behalf.
- Limit of Liability
18.2. Subject to the above, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by applicable law; for the avoidance of doubt this paragraph 18 shall not operate to exclude or restrict liability for breach of any obligation arising from the Supply of Goods and Services Act 1982 or, if deemed to apply, the Sale of Goods Act 1979, as against you where you are dealing as a “consumer” (as such term is understood by section 12 of the Unfair Contract Terms Act 1977) and/or pursuant to the Consumer Rights Act 2015.
18.6. In all cases, you accept that our maximum financial liability, save as excluded under paragraph 18.1, shall be the greater of £100 and the aggregate of all sums paid to us for the provision of Services in the preceding 12 (twelve) months.
19.7. We may assign, transfer or otherwise deal with any legally-binding agreement made between us, acting in our sole discretion, save that we shall procure the identity of any assignee is confirmed to you promptly in writing as soon as reasonably possible; any attempted assignment by you shall be void, unless we confirm our prior agreement in writing.
- Contacting Us
20.1. Our contact details can be found on our website at: mumar.co.uk.
20.3. Communications shall be deemed to have been received, where delivered by hand or sent via e-mail, on the date that the communication was left at the relevant address or sent, and if posted, on the second day (excluding weekends and public holidays) after the date that the communication was given to the postal authorities.
Last Updated: 25th May 2018