Terms and Conditions

Refund Policy
Publisher Statement

This Agreement describes the terms and conditions applicable to the use of ChillTrader.com. If you do not agree to be bound by these terms and conditions, please do not use or access our services.

You must read, agree with and accept all of the terms and conditions of this Agreement before subscribing as a member of the ChillTrader.com website. By accepting this Agreement, you also agree that your use of other associated ChillTrader.com websites will be governed by the terms and conditions posted on those websites.

ChillTrader.com may amend this Agreement at any time by posting amended terms on the corporate website. All amended terms shall automatically become effective immediately after they are posted. This agreement may not be amended except in writing and signed by you and ChillTrader.com Limited.

1. Membership.

ChillTrader.com is available only to individuals who can form legally binding contracts under applicable law. Our services are not available to minors; however, minors may use the service in conjunction with a parent or guardian. If you do not qualify under these stipulations, do not use our services. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. Your ChillTrader.com username and password cannot be transferred or sold to another party.

2. Services and Fees.

Joining and purchasing items and services on this website is free; however, a fee applies should you desire to list (meaning to trade, barter, or sell) items or services on this website. The fee varies according to your listing needs that are posted on this website. This fee gives you the right to list your “selling items” and “wanted items” on the ChillTrader.com website. In the event that ChillTrader changes or introduces a new service, the fees for that service are effective at the time the service is introduced on the ChillTrader.com website. We reserve the right to change our fees and/or services from time to time. Such changes will become effective when we post them on the ChillTrader.com website. Unless otherwise stated, all fees are quoted in pound sterling. You are responsible for paying all fees associated with our service, including all applicable taxes.

3. Venue Status.

3.1 ChillTrader is neither an auctioneer nor a Barter Exchange. ChillTrader.com Limited provide a venue for members to advertise products and services. Along with our search technology, members decide their best method of trade, whether it be barter, fixed price, varied price, or any combination thereof. ChillTrader.com provides a service where buyers and sellers may negotiate on their own without the knowledge of ChillTrader.com. As a result, we have no control over the legality, quality, or safety of the items and services listed or advertised; the truth or accuracy of the listings, the ability of sellers to sell goods and services or the ability of buyers to purchase goods and services. ChillTrader is not a participant in any type of transaction and cannot ensure that a buyer and seller will complete an actual transaction.

3.2 Fixed Price Marketplace. Members may offer or purchase items or services at a fixed price.

3.3 Barter Marketplace. Members may choose to barter with one another. However, because ChillTrader has no knowledge of transactions between members, it is the responsibility of members to report any barter transactions on their tax returns.

3.4 Variable price Marketplace. Members may offer and/or accept a combination of cash, services, and bartered goods and services. The choice for payment is between buyer and seller.

3.5 Identity Verification. ChillTrader collects data on the identity of each member when they register on site. However, because user verification on the Internet is difficult, ChillTrader cannot and does not confirm each user’s or members purported identity. We have established a user-initiated feedback system to help you evaluate with whom you are dealing. Our technology allows you to deal directly with the buyer and/or seller. We strongly promote this communication between buyer and seller. You may also wish to use the services of a third party escrow service or services that provide additional user verification.

3.6 Release. Because ChillTrader.com is a venue, in the event that you have a dispute with one or more users, you release ChillTrader.com Limited from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

3.7 Information Control. We do not control the information provided by our members and users that is made available on our system. You may find some information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our website. Please note that there may be risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade foreign nationals.

4. Buying.

As a buyer, you are obligated to complete the transaction with the seller:

If you purchase an item at a fixed price; or

Your offer of a variable price is accepted by the seller.

5. Listing and Selling.

5.1 Listing Description. You must be legally able to sell the item(s) you list for sale. You must describe your item and all terms of sale as you list them on the “Selling Items” page of your membership site. Listings should include text descriptions, graphics, photos and other content relevant to the sale of the item. Items should be listed in appropriate categories.

5.2 Binding Offers. If you receive at least one offer at or above your stated asking price or terms of sale, you are obligated as the seller to complete the transaction with the buyer, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer’s identity.

5.3 Fraud. Without limiting any other remedies, ChillTrader may suspend or terminate your membership if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with our site or our partner’s sites.

5.4 Copyright, Trademark Infringements. It is prohibited that any member should list items or services that infringe upon the copyright, trademark or other rights of third parties.

5.5 Offer Manipulation. It is prohibited for any member, buyer or seller to manipulate the price of any item or service. It is also prohibited to interfere with the listings or transactions of other members or users.

6. Member Information.

6.1 Definition. Member information is defined as any information you provide to use in the registration process, in any public message area (Including the forum and feedback area) or through any email feature. You are solely responsible for the information you give to ChillTrader or other members.

6.2 Restricted Activities. Your personal information (or any products or services listed) and your activities on the ChillTrader website, shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any their party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall NOT be posted until such time as we have implemented a Mature Audience Section on the trade platform where it can be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that (aa) are prohibited under this Agreement; (bb) are identical to other products or services you have up for auction but are priced lower than the minimum bid amount; (cc) you do not have a right to link to or include. Furthermore, you may not list any product or service on the site that could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our policy on Prohibited Products and Services.

7. License.

By accepting this Agreement, you consent that ChillTrader may use the information you have given us, so that we are not violating any rights you might have in that information, to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, and database rights (but to no other rights) you have in your information, in any media now known or not currently known, with respect to our information.

8. Accesses and Interference.

The ChillTrader website contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the ChillTrader website or any of our partner websites or any activities conducted on such sites. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to ChillTrader.com Limited by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your information) from our website or our partner websites without the prior expressed written permission of ChillTrader or the appropriate third party.

9. Breach.

Without limiting any other remedies, we may immediately remove your listings, warn our partners and associated trade communities of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for you, our users, members or us.

10. Privacy.

ChillTrader.com Limited does not sell or rent your personal information to third parties for marketing purposes without your consent and we use your information as described in the Privacy Policy. ChillTrader stores your personal information on computers located in the United Kingdom that are protected by both physical and technological security. We understand that you and your personal information is an important asset. We may use third parties to verify your information. If you object to your information being transferred or used in this way, please do not use our services.

11. No Warranty.

CHILLTRADER.COM LIMITED, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEBSITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. CHILLTRADER, OUR PARTNERS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warrant gives you specific legal rights and you may also have other legal rights that vary from state to state.

12. Liability Limit.

IN NO EVENT SHALL CHILLTRADER.COM LIMITED, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR PARTNER SITES, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

13. Indemnity.

You agree to indemnify and hold us and our subsidiaries, partners, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

14. Legal Compliance.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bartering, bidding, listing, purchases, solicitation of offers to purchase, and sale of items.

15. Contractor Status.

You, ChillTrader.com Limited and our partners are independent contractors, and no agency, partnership, joint venture, employer–employee or franchiser-franchisee relationship is intended or created by this Agreement.

16. Notices.

Except as explicitly stated otherwise, any notices shall be given by postal mail to ChillTrader.com Limited, Unit 2a, Merrington Hall Farm Industrial Estate, Merrington, Shrewsbury, Shropshire SY4 3QJ (in the case of ChillTrader.com Limited) or to the email address you provide ChillTrader or your Partner tradesite during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternately, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to ChillTrader during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

Disputes between you and ChillTrader.com should be reported to Technical Support at enquiries@chilltrader.com. We also encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.

Refund Policy

Refunds will only be given up to 7 days after your advert has been activated. Seller assumes all responsibility for listing their item(s).
No refund of our advertising fees will be made for loss of service, temporary or permanent and in any circumstances.
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Publisher Statement

Trade Descriptions Act 1968 s.25

s25. Innocent Publication of Advertisement.

In proceedings for an offence under this Act committed by the publication of an advertisement it shall be a defence for the person charged to prove that he is a person whose business it is to publish or arrange for the publication of advertisements and that he received the advertisement for publication in the ordinary course of business and did not know and had no reason to suspect that its publication would amount to an offence under this Act.

General

This section is complementary to S.24 in providing defences for publishers and agents. It protects such people when they innocently accept or handle advertisements provided that basic requirements of the section are fulfilled. These are as follows;

a). it is the responsibility of the person charged to prove his defence;
b). it must be part of his business to publish or arrange for the publication of advertisements;
c). the advertisement to which the charge relates must have been received in the course of business.

1.0 Accordance

1.1 Right4TheJob publishes advertisements in the ordinary course of business and has no reason to suspect that its publication amounts to an offence under the Trade Descriptions Act 1968 s.25.

1.2  Any claim arising from the material in this site given to Right4TheJob, associates or agents, any remarks made about existing professionals within Right4TheJob's online directory and all suggestions therein are given on the express condition that the publisher of this material and web site, his associates or agents shall be free from all liability, whether that be in tort or contract, in respect thereto.

1.3  It is agreed that this exemption from liability shall be applicable to any liability to third parties, their associates or agents and the visitor to this site hereby undertakes to acquaint the third parties, etc. of this condition and ensure their agreement thereto before providing to them any information provided by the publisher of this web site.

1.4  This is not intended to exclude liability for negligently caused personal injury or death and is not intended to affect your statutory rights.
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