TERMS & CONDITIONS – MEMBER
These Terms for Members, together with any and all other documents referred to herein, set out the terms under which Users (“Members”) sell on Our Marketplace. Please read these Terms for Members carefully and ensure that you understand them before selling on Our Marketplace. You will be required to read and accept these Terms for Members when creating an Account for Members. If you do not agree to comply with and be bound by these Terms for Members, you will not be able to sell on Our Marketplace.
Please note, The Art of Cornwall is a marketplace for the promotion and sale of goods and products designed in Cornwall by Cornish Artists/Artisans.
You are not permitted to list anything for sale unless you reside and have produced your creative expressions in Cornwall.
1. Definitions and Interpretation
1.1 In these Terms for Members, unless the context otherwise requires, the following expressions have the following meanings:
“Account” means an account required to access and/or use certain areas of Our Site, including Our Marketplace;
“Consumer” means a User who makes a purchase on Our Marketplace;
“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“Listing” means a listing on Our Marketplace advertising an item or items for sale;
“Listing Fee”means a fee payable for submitting and/or renewing a Listing;
“Marketplace”means Our platform for Consumers and Members on Our Site;
“Member” means a User who sells on Our Marketplace;
“Our Site” means this website, www.theartofcornwall.co.uk
“Payment Service” means the payment service provided by Stripe;
“Payment Service Account”means an account for the holding of funds provided as part of the Payment Service and administered by the Third Party Payment Service Provider;
“Third Party Payment Service Provider”Means Stripe (www.stripe.com)
“Transaction Fee”means a percentage fee applied to each sale made on Our Marketplace;
“User”means a user of Our Site;
“User Content”means any Content added to Our Site by a User;
“We/Us/Our”means PH Media Limited, a limited company registered in England under company number 05196769 whose registered address is Chi An Lorell, Aerohub Business Park, St Mawgan, Newquay, Cornwall TR8 4RZ.
2. Information About Us
2.1 Our Site is owned and operated by PH Media Limited , a limited company registered in England under company number 05196769 whose registered address is Chi An Lorell, Aerohub Business Park, St Mawgan, Newquay, Cornwall TR8 4RZ.
2.2 Our VAT number is GB 346 4746 76
2.3 We are a member of BPIF and Fine Art Trade Guild.
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms for Members, We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Age Restrictions
You may only sell on Our Marketplace if you are at least 18 years of age.
5. Our Marketplace
Our Marketplace is provided solely as an online venue for Consumers and Members. The contract for sale is made directly between the Member and the Consumer, We facilitate the payment between the contracting parties but, otherwise, we are not a party to the transaction. You hereby acknowledge and agree that:
5.1 Consumers are not making purchases from Us and are not entering into a contract with Us. A Consumer’s purchase is from you, and their contract is with you;
5.2 We will not be a party to any dispute between you and any Consumer or another Member. Any claims must be made directly against the party concerned;
5.3 We do not pre-screen Members or any items that you advertise in Listings on Our Marketplace. We are not, therefore, in any way responsible for any items sold or for the content of any Listings
6. Your Gallery Page
6.1 To sell through our Marketplace you will need to purchase membership.
6.2 Once you have purchased membership you will be contacted by us to set up your gallery page and listings on the site.
7. What Can and Cannot be Sold on Our Marketplace
7.1 All items listed for sale must be designed in Cornwall by Cornish Artists/Artisans.
7.2 The following are not permitted on Our Marketplace:
2.a.1 No stock library images;
2.a.2 products designed outside Cornwall;
2.a.3 member registrations from outside Cornwall; and
2.a.4 products or images that could be seen as offensive.
7.3 We reserve the right to remove any Listing that breaches the provisions of this Clause 7. If We do so, please note that Listing Fees are non-refundable. In addition, We may also suspend or terminate your Membership. All sums due will remain due and payable notwithstanding any suspension or termination for any reason.
8. Descriptions Policy
When selling on Our Marketplace, it is important that all descriptions of items are truthful and accurate, and that all visual representations are true representations of what you are selling (as far as is reasonably possible). You agree that all Listings submitted by you will comply with the following:
8.1 you may only describe something as being made or done by you if that is truly the case. If any other party is involved, your Listing must state and describe their involvement;
8.2 Originals. if your Listing is described as an original work then it must be a primary and original work, as opposed to any copy, reproduction or imitation. Copies and reproductions are not considered original for the purposes of these terms and conditions. Prints (photography and electronically altered works must be approved by Us before listing). Copyright must belong to the creator of an artwork in order for it to be considered original.
8.3 Limited Editions. Limited editions must be numbered and signed by the artist. Members wishing to register print editions must be members of the Fine Art Trade Guild and participants in ArtSure. We are an Art Guild member and can do this on your behalf, contact Us for further information, e-mail address: firstname.lastname@example.org. The following information should be included in the registration: substrate and production method. The Member agrees that no previous reproductions have been made and that neither he nor his heirs will allow an image to be published again. No part or whole of a print published as limited edition should be reproduced in any other form anywhere in the world, except for the sole purpose of promotion, eg in a brochure, sales literature or in a book. Specific documentation i.e. a Certificate, with full disclosure should accompany any print described as limited edition.
8.4 The member will need to notify us of their delivery costs upon providing listings information, to show delivery charges for the UK, EEA and the rest of the world (ROW). If consumers purchase multiple orders of the same product, the member will need to calculate delivery costs on a case by case basis.
8.5 if you are offering items made or customised to order, provide full details of the options available to Consumers;
8.6 if you are offering items made or customised to order and the price for those items will vary according to a Consumer’s requirements, include full details of pricing including, if possible, set prices for different versions of an item or, if this is not possible, a statement that pricing will vary according to the Consumer’s requirements;
8.7 if you are offering items made or customised to order, you must provide reasonable estimates for the time required to make or customise such orders and use all reasonable efforts to ensure that you keep to such times;
8.8 you must not use any Content that belongs to other parties in your Listings without their express permission (please refer to Clause 9 for more information on intellectual property rights);
8.9 your Listing must not advertise alternate locations from which your items can be purchased, thereby avoiding Our Transaction Fees.
9. Intellectual Property Rights
9.2 Members must, at all times, respect the intellectual property rights of other Members on Our Marketplace. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission.
9.3 If you feel that another User (whether they are another Member or a Consumer or otherwise) has infringed your intellectual property rights in any way, please contact Us at email@example.com.
9.4 If another party contacts Us accusing you of infringing their intellectual property rights:
4.a.1 We will contact you to inform you of the complaint;
4.a.2 We may remove the User Content that is the subject of the complaint;
4.a.3 if you have questions regarding the complaint, or wish to challenge it, you must contact the complaining party. We will not be a party to any dispute concerning intellectual property and cannot assist in resolving such disputes; and
4.a.4 you are free to resubmit the User Content in question if the complaint is resolved and you have the permission of the complaining party to do so (where it is required). We can neither permit nor deny such resubmission as We will not be a party to the dispute.
10. Member Rules and Acceptable Usage Policy
10.1 When using Our Marketplace, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 10. Specifically:
1.a.1 you must ensure that you comply fully with all local, national, or international laws, and/or regulations (including but not limited to those which may apply to the item(s) you wish to sell);
1.a.2 you must not use Our Marketplace in any way, or for any purpose, that is unlawful or fraudulent;
1.a.3 you must not use Our Marketplace to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;
1.a.4 you must not use Our Marketplace in any way, or for any purpose, that is intended to harm any person or persons in any way;
1.a.5 you must always provide accurate, honest information about yourself and any and all items that you are selling on Our Marketplace;
1.a.6 you must not charge excessively for delivery to Consumers; and
1.a.7 you must state the price of an item accurately and clearly,and must not change it in order to avoid paying the applicable Transaction Fee.
10.2 When using Our Marketplace, you must not submit anything (including, but not limited to, material in a Listing) or otherwise do anything that:
2.a.1 is sexually explicit;
2.a.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
2.a.3 promotes violence;
2.a.4 promotes or assists in any form of unlawful activity;
2.a.5 discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
2.a.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
2.a.7 is calculated or is otherwise likely to deceive;
2.a.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
2.a.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 9.2);
2.a.10 implies any form of affiliation with Us where none exists;
2.a.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents, and database rights) of any other party; or
2.a.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
10.3 We reserve the right to suspend or terminate your access to Our Marketplace if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms for Members. Further actions We may take include, but are not limited to:
3.a.1 removing your Listing(s) from Our Marketplace;
3.a.2 issuing you with a written warning;
3.a.3 legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
3.a.4 further legal action against you as appropriate;
3.a.5 disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
3.a.6 any other actions which We deem reasonably necessary, appropriate, and lawful.
10.4 We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms for Members.
11. Listing Fees and Transaction Fees
11.1 Listing Fees of £25 for standard membership fee for 30 Listings and £50 for unlimited Listings.
11.2 Listing are charged when submitting a new Listing and/or when renewing an existing Listing.
11.3 Listing Fees are payable whether or not your Listing results in a sale.
11.4 A Transaction Fee of 20% of the price of each item sold will apply to each sale. Transaction Fees are calculated based only on the price of an item, not on additional sums such as delivery charges.
11.5 Any and all actions designed to avoid the payment of any fees described in these Terms for Members (including, but not limited to those described in sub-clause 10.1.7) are strictly prohibited.
12. Payment Service
12.1 All Payments on Our Marketplace are made through the Payment Service provided by Stripe Our Third Party Payment Service Provider.
12.3 By using the Payment Service, you acknowledge and agree to Us sharing your personal information and/or information about your transactions on Our Marketplace with the Third Party Payment Service Provider.
12.4 If We receive notice from the Third Party Payment Service Provider that your use of Our Marketplace or the Payment Service is in breach of their terms or of any agreement between you and them, We may take actions including, but not limited to, those necessary to rectify your breach, removing your ability to use the Payment Service to make or accept payments on Our Marketplace, and/or the suspension or termination of your Account on Our Site.
12.5 The Third Party Payment Service Provider reserves the right to refuse the use of the Payment Service to anyone, for any reason, and at any time.
13. Payments from Consumers
13.1 All payments are processed using the Payment Service described above in Clause 11.
13.2 When a Consumer pays for an item, their payment will be transferred directly into your designated bank account within 30 days of the end of the month the purchase was made in.
13.3 If a Consumer does not pay, you may cancel the transaction. Please refer to Clause 18 for more information on your cancellation rights.
13.4 We will not make any Consumers’ payment details (including, but not limited to, card numbers, bank account numbers, and sort codes) available to you at any time, or for any reason. All payment details are held securely and shared only with Our Third Party Payment Service Provider.
14. Payments to Us
14.1 We will send you a monthly statement and invoice showing all amounts due to Us in addition to amounts already paid (such as Listing Fees) over the month since the previous statement. This statement will be sent to you by email.
14.2 All sums due must be paid in full within 14 days of the date of Our invoice.
14.3 All sums due must be paid in full without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
14.4 We accept the following payment methods:
4.a.1 All Visa and Mastercard debit and Credit cards and American Express.
14.5 If you do not make any payment due to Us on time, We will suspend any Listings you have on Our Marketplace and may, in addition, suspend or terminate your Account on Our Site. All sums due will remain due and payable notwithstanding any suspension or termination for any reason.
14.6 If you believe that We have charged you an incorrect amount, please contact Us at firstname.lastname@example.org as soon as reasonably possible to let Us know.
15.1 It is your responsibility to collect and pay applicable taxes on any sales made through Our Marketplace.
15.2 Where any tax, for example VAT, forms a part of the price of any item on Our Marketplace, the tax must be included in the price of the item.
15.3 Value added tax (“VAT”) may be charged to Consumers on purchases and to Members on fees payable to Us.
15.4 If you are VAT registered, you may be required to charge VAT on the items that you sell on Our Marketplace.
15.5 For further information on VAT and other taxes in your location, please contact your local tax authority.
16.1 You must dispatch items as soon as is reasonably possible upon receipt of payment from a Consumer under Clause 13, taking into account the nature of the item(s) in question, preparation time and, where relevant, manufacturing time (if items are made or customised to order). Unless your Listing has stated otherwise, or unless the Consumer has agreed otherwise, you must dispatch items no later than 30 calendar days after the date on which the sale takes place.
16.2 You must ensure that you dispatch items to the correct address provided by the Consumer. It is your responsibility to ensure that the address that you use exactly matches that provided by the Consumer. If items dispatched do not reach the Consumer due to an incorrect address provided by the Consumer, it is the Consumer’s responsibility and not yours.
16.3 You are free to determine the delivery charges for your items; however, delivery charges must be reasonable, not excessive, and must genuinely reflect the actual cost to you of delivering the item in question to the Consumer.
16.4 You are responsible for delivering items to Consumers upon receipt of payment. You may deliver items personally, arrange with the Consumer for the Consumer to collect items, or use a postal or delivery service agreed between you and the Consumer.
16.5 It is strongly recommended that you obtain proof of postage or dispatch when dispatching items, by means of tracking and obtaining a signature. Such proof will be important in the event that a Consumer does not receive the item(s) from you. Should Members not follow the recommended dispatch procedure, The Art of Cornwall will charge the Member for the full order amount including the 20% commission, along with £15.00 dispute fee should there be any disputes involved.
16.6 Once an item has been dispatched to a Consumer, We will notify the Consumer by automated email.
16.7 You must comply with any and all applicable shipping and customs regulations when delivering items to Consumers. It is your responsibility to check, be aware of, understand, and comply with all such regulations.
17. Consumers’ Rights to Cancel and Return Items
17.1 Consumers who are consumers (that is, not businesses) based in the European Union may be entitled to a “cooling-off” period within which they may cancel their contract with you and return an item for any reason. If applicable, the cooling-off period ends 14 calendar days after the day on which the Consumer (or someone nominated by the Consumer) receives the item.
17.2 The cooling-off period does not apply in the following circumstances:
2.a.1 If the item is digital content and it has been downloaded or otherwise accessed by the Consumer; or
2.a.2 If the item has been personalised or made-to-order for the Consumer; or
2.a.3 If the item has been inseparably mixed with another item or other items (according to their nature) after the Consumer has received it.
17.3 If a Consumer exercises their right to cancel during the cooling-off period, they must inform you of that decision within the cooling-off period. The Consumer must do this by emailing Us at email@example.com. Cancellation by email or by post is effective from the date on which the Consumer sends you their message. Please note that the cooling-off period lasts for whole calendar days. If, for example, the Consumer sends you an email or letter by 23:59:59 on the final day of the cooling-off period, their cancellation will be valid and must be accepted.
17.4 Items must be returned to you by the Consumer no more than 14 calendar days after the day on which the Consumer informs you that they wish to cancel. The Consumer will be responsible for the costs of returning items to you if they cancel under the cooling-off period.
17.5 When a Consumer cancels under the cooling-off period, you must issue a refund within 14 calendar days of the following:
5.a.1 The day on which you receive the item(s) back; or
5.a.2 The day on which the Consumer informs you (supplying evidence) that they have sent the item(s) back (if this is earlier than the day under sub-Clause 17.5.1); or
5.a.3 If you have not yet dispatched the item(s), the day on which the Consumer informs you that they wish to cancel.
17.6 You may make certain limited deductions from refunds under this Clause 17 as follows:
6.a.1 You may reduce a refund for any diminished value in an item resulting from the Consumer’s excessive handling of it (e.g. handling going beyond that which would be permitted in a shop); and/or
6.a.2 You are only required by law to reimburse standard delivery charges.
18. Problems with Transactions and Consumers’ Rights
18.1 By law, you must provide goods that are/is of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information that you provide to the Consumer, and that matches any samples or models that you have shown to the Consumer (unless you have made the Consumer aware of any differences).
18.2 If items do not conform with the requirements outlined in sub-Clause 18.1 and, for example, have faults or are damaged when the Consumer receives them, the Consumer must contact you as soon as reasonably possible to inform you of the problem. The following remedies will be available to the Consumer:
2.a.1 Beginning on the day that the Consumer receives the item(s), if the item(s) is/are goods, the Consumer has a 30 calendar day right to reject them and to receive a full refund if they do not conform.
2.a.2 If the Consumer does not wish to reject the item(s), if the 30 calendar day rejection period does not apply, or if it has expired, the Consumer may request a repair or replacement. You must bear the costs and must carry out the repair or replacement 10-14 days of receipt of evidence of the damaged goods and without significant inconvenience to the Consumer. If either a repair or a replacement is impossible or disproportionately difficult, you may offer the Consumer the alternative option (i.e. a replacement instead of a repair or vice versa) or a full refund. If the Consumer requests a repair or replacement during the 30 calendar day rejection period, that period will be suspended while you carry out the repair or replacement and will resume on the day that the Consumer receives the replacement or repaired item(s). If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
2.a.3 If, after a repair or replacement, the item(s) still do not conform (or if you cannot repair or replace it/them, as described above, or if you have failed to act within a reasonable time or without significant inconvenience to the Consumer), the Consumer may have the right to keep the item(s) at a reduced price, or to reject it/them in exchange for a refund.
18.3 If the Consumer exercises the final right to reject the item(s) more than two months after receiving it/them, you may reduce any refund to reflect the use that the Consumer has had out of it/them.
18.4 Please note that Consumers will not be eligible to claim under this Clause 18 in the following circumstances:
4.a.1 you inform the Consumer of any fault(s), damage, or other problems with the item(s) before the Consumer purchases them and it is because of that/those same issue(s) that the Consumer subsequently wishes to return them;
4.a.2 the Consumer has purchased the item(s) for an unsuitable purpose that is neither obvious nor made known to you and the problem has resulted from the Consumer’s use of the item(s) for that purpose; or
4.a.3 the problem is the result of normal wear and tear, misuse, or intentional or careless damage.
4.a.4 The costs of returning items to you should be covered by you, reimbursing the Consumer where necessary.
18.5 Refunds (whether full or partial, including reductions in price) under this Clause 18 must be issued within 14 calendar days of the day on which you agree that the Consumer is entitled to a refund.
18.6 Any and all refunds under this Clause 17 must include all delivery costs paid by the Consumer when the item(s) was/were originally purchased.
18.7 Further information on legal rights can be obtained from your local Citizens Advice Bureau or Trading Standards Office.
19. Further Transaction Cancellation Rights
19.1 You have the right to cancel a transaction and issue a full refund of any sums paid (including delivery charges) in the following circumstances:
1.a.1 You and the Consumer have mutually agreed to cancel the transaction before the item(s) is/are dispatched;
1.a.2 You and the Consumer have mutually agreed to cancel the transaction following receipt by the Consumer of the item(s) and the Consumer has returned the item(s) to you;
1.a.3 The Consumer has not paid; or
1.a.4 You have chosen to refuse service to the Consumer.
19.2 Refunds must be made within 14 days of:
2.a.1 the date on which you and the Consumer agree the cancellation, under sub-Clauses 19.1.1 and 19.1.2; or
2.a.2 the date on which you inform the Consumer that you are cancelling the transaction, under sub-Clauses 19.1.3 and 19.1.4.
20. Your Account Cancellation Rights
20.1 You may close your gallery page and cancel your agreement with Us by contacting firstname.lastname@example.org.
20.2 Any outstanding sums due and payable to Us (including, but not limited to, Listing Fees and Transaction Fees) will remain payable by the original due date and your Account will not be fully closed until all sums due to Us have been paid.
20.3 If We have done something wrong, you may be entitled to cancel and receive a refund of certain sums paid for services that have not been provided to you. You may also be entitled to compensation. This may apply in the following circumstances:
3.a.1 We have breached these Terms for Members in a material way and fail to remedy the breach within 21 days of you asking Us to do so in writing; or
3.a.2 We go into liquidation or have a receiver or administrator appointed over Our assets; or
3.a.3 We change our service or these Terms for Members to your material disadvantage; or
3.a.4 We are adversely affected by an event outside of Our control as under sub-Clause 21.2.5).
21. Our Liability to You
21.1 As stated in Clause 5, We are not a party to any transactions other than facilitating payment between the contracting parties, other relationships, or disputes between Consumers and Members.
21.2 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms for Members or as a result of Our negligence.
21.3 Subject to sub-Clause 21.2, to the fullest extent permissible by law, We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
21.4 Nothing in these Terms for Members seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.
21.5 Nothing in these Terms for Members seeks to limit or exclude consumers’ legal rights. For more details of consumers’ legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
22. Events Outside of Our Control (Force Majeure)
22.1 We will not be liable for any failure or delay in performing Our obligations to you where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
22.2 If any event described under this Clause 22 occurs that is likely to adversely affect Our performance of any of Our obligations to you:
2.a.1 We will inform you as soon as is reasonably possible;
2.a.2 Our obligations under these Terms for Members will be suspended and any time limits that We may be bound by will be extended accordingly;
2.a.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times, or availability of services as necessary;
2.a.4 If the event outside of Our control occurs and continues for more than 21 days and you wish to exercise your right to cancel under sub-Clause 20.3.4, you may do so by emailing us at email@example.com. Any refunds due to you as a result of your cancellation under sub-Clause 20.2.4 will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after your Account is cancelled.
23. Communication and Contact Details
23.1 If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 01726 891111 by email at firstname.lastname@example.org or by post at Units 1-3, Chi An Lorell, Sector 2, Aerohub Business Park, St Mawgan Newquay, TR8 4RZ
24. Data Protection
24.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
24.3 As a Member, you will also collect, hold, and process Consumers’ personal information in the course of transactions (for example, Consumers’ names, email addresses, and postal addresses). Members are, therefore, also considered data controllers under the GDPR and you will be responsible for complying with your legal obligations and protecting Consumers’ rights under the GDPR. You must only use the personal data of other Users (whether they are Consumers or Members) to the extent necessary to complete a transaction, to communicate about a specific transaction, to communicate via Our Marketplace, and/or to respond to messages from them. You may not add any User to a mailing list, use their data for marketing, or retain any payment details. You may only use another User’s personal data for additional purposes with their consent.
24.4 If a Member and Us are found to be joint data controllers of any Consumers’ personal data, and We are sued, fined, or otherwise incur any expense because of something you have done with a Consumer’s personal data, you agree to indemnify Us for any expenses incurred by Us in connection with your actions in respect of that personal data. Further details of the requirements of the GDPR can be obtained from the Information Commissioner’s Office.
25. Other Important Terms
25.1 We may transfer (assign) Our obligations and rights under these Terms for Members to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms for Members will not be affected and Our obligations under these Terms for Members will be transferred to the third party who will remain bound by them.
25.2 You may not transfer (assign) your obligations and rights under these Terms for Members without Our express written permission.
25.3 If any of the provisions of these Terms for Members are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms for Members. The remainder of these Terms for Members shall be valid and enforceable.
25.4 No failure or delay by Us in exercising any of Our rights under these Terms for Members means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms for Members means that We will waive any subsequent breach of the same or any other provision.
25.5 We may revise these Terms for Members from time to time in response to changes in relevant laws and other regulatory requirements. If any changes to these Terms for Members are to your material disadvantage, you may cancel as set out in sub-Clause 19.3.3.
26. Law and Jurisdiction
26.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.
26.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 25.1 above takes away or reduces your rights as a consumer to rely on those provisions.
26.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
26.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the non exclusive jurisdiction of the courts of England & Wales.