The Mums Club Terms & Conditions

User Agreement

User Agreement for themumsclub.co.uk, The Mums Club Limited (‘We’/‘Us’/‘Our’), registered office is at Tenison House, Tweedy Road, Bromley, Kent, BR1 3NF (Company registration number 5919065).

This User Agreement details the terms and conditions which govern your use of the services available under themumsclub.co.uk and themumsclub.com websites, owned and operated by Us. This is a legal document that explains the relationship between you and Us. It outlines the services, and the buyer and seller relationship for listing items in Our regional and category-style format.

If you do not agree to be bound by this Agreement, you cannot use or access Our services. We ask that you read, agree with and accept all of the terms and conditions contained in this Agreement, before you become a user of the Site. If you do use Our website, you are indicating that you automatically agree to be bound by this Agreement.

We may publish additional rules and guidelines and post them on the website, and these will also be considered part of this User Agreement. We may amend this Agreement at any time by posting the amended User Agreement on the website. Any other notices that We may wish to draw to your attention will be displayed on the website from time to time.

We reserve the right to make changes to the website and/or the services provided as required from time to time by law.

Our function

We are a forum for sellers and buyers to link and sell or buy goods via the internet. The website acts as a location which allows registered users to offer for sale new (non commercial) or nearly new items within specified categories in their local region. We are not involved in the actual transactions between buyers and sellers.

You should be aware of the following:

i) We are not responsible for ensuring that buyers and sellers actually complete a transaction.

ii) You accept sole responsibility for the legality of your actions under the laws applying to you.

iii) We have no control over the quality, safety or legality or accuracy of the items listed, or the ability of sellers to sell items or the ability of buyers to pay for items. We do not control the information provided by other users which is made available through the website.

iv) We do not accept any obligation to protect users from illegal or unsafe items listed for sale on Our website. You should not assume that items listed will be harmless.

v) You may find other user's information to be offensive, harmful, inaccurate, or deceptive.

vi) There is a risk of dealing with people acting under false pretences or underage people.

By using this website, you agree to accept such risks and agree that We are not responsible for the acts or omissions of users on the website.

Your eligibility

This site is targeted at residents of the United Kingdom only. If you are not a resident of the United Kingdom then you cannot use this site.

Our services are not available to, and may not be used by, persons under the age of 18 years, unless in the name of and under the supervision of a parent or guardian. If you do not qualify, please do not use Our services.

We do not allow business entities to register to sell items on this website. If you would like to advertise on our website please email us at commercial@themumsclub.co.uk.

Our services are not available to any user that has been banned by Us. This ban may be temporary or permanent at Our discretion.

Costs

The Registration fee is £5.00 per annum. This fee allows a registered user to post unlimited items for sale on themumsclub.co.uk within the registration period. The registration fee is valid for one year from date of joining and is non refundable.

The annual fee is subject to change at any time, and may increase or decrease. You will pay the fee quoted at the time of subscription. All fees are payable in Sterling.

Your conduct

All items listed for sale on the website should be to a good quality, nearly new standard and be fully functional where applicable, any used clothing should be stain free and have been thoroughly cleaned following the manufacturer's instructions.

The buyers are responsible for the costs of delivery and any insurance (if applicable).

On completion of registration, you must choose a User ID and password. You are permitted only to use or utilise the website using your own User ID and password. You are responsible for all actions taken under that User ID and password. Therefore you must use every effort to ensure that your password is kept safe and confidential, you must not disclose it to any other person. You shall not directly or indirectly permit, any other person to use your User ID or password. You are not permitted to transfer or sell your User ID and password. If you suspect or know that your password or account has been compromised for any reason, you should immediately change your password as your personal details stored in the website may be accessed.

When registering for membership you must use accurate and current information about yourself. You should keep this information updated.

Listing items

As a seller, you must ensure that you are legally able to sell each item you advertise on the website. You must describe your item and all terms of sale when you list your item on the website and list it in the appropriate category. Your listings may only include content relevant to the sale of that item including text descriptions, graphics and pictures. You are responsible for ensuring that you have the right to use all content in your listings and that We have the right to host it on Our servers.

Validation of listed items

After posting an advertisement, We reserve the right to validate it before it can be seen by all other users to help ensure that undesirable content is not listed or shown on the website.

We have the ultimate right and discretion, but not the obligation to, decline to post an advert, or to edit its contents or require amendment of all or any part of any advert accepted for insertion. Our discretion in some matters is absolute.

Period of listing

All items advertised on the website will remain on the website for four weeks. (After the web site is up and running we anticipate this reducing to two weeks). After this time the listing will automatically be deleted. Listings can also be deleted at any time by the seller logging into “My Account” and selecting the tick box next to the item(s) you wish to delete and then pressing “Delete selected item”.

If the item remains unsold after deletion by the site, the seller may then list the same item again and continue to do so until the item is sold. Once the item is sold We recommend that the seller removes the listing from the website immediately in order to avoid unnecessary contact with potential purchasers of the item.

Restrictions

As a user you are deemed solely responsible for any information that you provide to Us or other users in relation to your registration and sale items. You are prohibited from posting or sending to this Website any material:

that is fraudulent, false, inaccurate or misleading;
that is defamatory, obscene, indecent, abusive, offensive or contains pornography
that infringes any proprietary rights of any third party or rights of publicity or privacy;
that involves the sale of counterfeit or stolen items;
that breaches any law
that creates liability for Us or other users;
that causes Our website to be interrupted, damaged, rendered less efficient or left in any way impaired.

Use of information

In order to enable interaction between Our buyers and sellers, Our service allows you limited access to the sellers contact details. You are prohibited from using these details to send unsolicited commercial communications. By accepting this User Agreement, you agree that, with respect to users contact details that you obtain through the Site or through one of Our related communications, you may only use such information for communications that relate to your genuine participation in one of Our enabled transactions.

Breach of this Agreement

We may immediately issue a warning, suspend or terminate your user registration or any of your items listed without notice to you and without limiting any other remedies available to Us if: (a) you breach any part of this User Agreement; (b) We suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, fraudulent or illegal activity in connection with the website; (c) We believe that your actions may cause Us financial loss or legal liability.

If you believe or suspect that another member is (a) breaching this User Agreement; (b) engaged or is about to engage in, or has been in any way involved in or linked to, fraudulent or illegal activity in connection with the website; (c) undertaking actions that may cause Us financial loss or legal liability, then you should inform Us immediately at inform@themumsclub.co.uk.

If your membership has been suspended or terminated you are not permitted to re-access the website without first gaining Our written consent. You must send your request to admin@themumsclub.co.uk.

Exclusion of our liability

Information on The Mums Club website is posted in good faith.

Accessing the website means that you agree that We will not be liable for any direct or indirect loss arising from the use of the information on this website. We are in no way responsible for the behaviour and conduct of users.

We cannot guarantee the completeness, accuracy or truthfulness of any material posted on this website or the reliability of the access to this web site. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.

We do not accept liability of any description, in connection with the behaviour of any user of the service at any face to face meeting or for liability for negligence, for any damages or losses (including, without limitation, loss of business, goodwill, revenue, profits, or consequential loss) whatsoever resulting from performance of, use of or inability to use this web site.

We shall not be liable if for any reason this website is unavailable or unusable at any time or for any period either with or without notice.

No payment or refund of membership money or any other monies shall be given to any user for any time that the website or parts of it are unavailable or unusable.

We make no warranty that this website (or websites which are linked to this website) is free from any malicious or impairing computer program including without limitation, computer viruses, Trojan horses, corrupted or harmful data or software.

We make no guarantee or representation that the website will meet your requirements, purpose or expectation.

All users are advised to check advert and sale details carefully before entering into any agreement of any kind. If you are in any doubt, please seek legal advice.

Users will indemnify Us and keep Us indemnified against all claims, costs (including legal fees known or unknown), proceedings, demands, losses, damages, expenses (known or unknown) or liability whatsoever incurred by Us arising directly or reasonably foreseeably as a result of any breach or non-performance by the User of any of the representations, warranties or other terms herein contained or implied by law.

In the event that you have any right, claim or action against any other user, you agree to pursue them independently without recourse to Us and release us from any claims, costs (including legal fees known or unknown), proceedings, demands, losses, damages, expenses (known or unknown) or liability connected to this.

Web Links

Users do not have a right to include a link to another webpage or website, nor may you provide a link to this website from any other website without first obtaining Our written consent.

Links from Our website to external websites does not mean We endorse these websites. We are not responsible for the content of external websites, these links are provided for users convenience only. If you purchase or obtain any goods or services from a third party then this will be in accordance with the third party's terms and conditions and We will have no liability to you in respect of such purchases.

Downloads

We try to ensure that downloadable items contained within this website are suitable for use. However, in the unlikely event that you experience any problem with this, We will not accept responsibility or liability for any loss of data, files or other eventuality which may arise from their download and/or use.

Copyright

We own the copyright to the content of this website, identified as www.themumsclub.co.uk and www.themumsclub.com , together with HTML code, software, text, images and pictures contained therein, except where otherwise stated. Replication, copying, altering or any activity in dealing with the content of this website is prohibited without Our prior written consent.

Copying is prohibited except in accordance with the following limited permissions: You may view this page and any other pages within the terms, conditions and policies section, on screen and print out a copy for personal use. You may save a copy of these pages to your local hard disk for the purposes of creating one personal back up copy. All other copying and distribution of any of the contents of this site are strictly forbidden.

Accountability

We will fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of these Terms or any applicable law or regulation.

Validity

If any term, condition, or provision of these terms and conditions is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.

Law

Use of this Website and these Terms shall be subject only to the laws of England and Wales which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use.

The Courts of England and Wales shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with this website and its use and these Terms.

This website is aimed at users in the United Kingdom. Where UK regulatory authorities have jurisdiction over the contents of this website, We have attempted to ensure compliance with the requirements of such regulatory body.

Entire Agreement

These terms and conditions contain the entire agreement between you and Us in respect of the subject matter herein. By ticking the box agreeing to the terms and conditions on the Sign Up page you confirm that you have read and accept the terms and conditions outlined in The Mums Club User Agreement.