PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

Who we are

www.tackmeup.co.uk (“Tack Me Up”, “site”) is operated by KP Financial Services Limited, a limited company registered in England and Wales under company number 08188688 and our registered office at 45 City Road, Chester, CH1 3AE. We trade as “Tack Me Up” (“we”, “our”, “us”) and our VAT number is GB 142 6363 25. To contact us, please email info@tackmeup.co.uk

By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these terms for future reference. We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. Some of the provisions contained in these terms may also be superseded by provisions or notices published elsewhere on our site. These terms of use refer to the following additional terms, which also apply to your use of our site:

Our Privacy Policy – which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Our Acceptable Use Policy – which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.

Our Cookie Policy – which sets out information about the cookies on our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them. In these terms “Items” means all goods or services offered for sale or rent that have been posted on the site; “User” means anyone who uses the site whether as a Basic User, a Free User or a Premium User; and “Services” means all or any services provided by us through the site including without limitation our online market place.

What we do

Tack Me Up is a platform upon which sellers may list Items, buyers may find Items and Registered/Premium Users may exchange their reasonably held and legal views and opinions. We are not responsible for contracts for the supply of goods, services or information formed through the site (or as a result of visits made to the site) between you and other the site users. Any contract is between the buyer and the seller and is subject to the terms and conditions which are implied by law or which the buyer and seller agree between themselves. We are not a party to the contract between the seller and buyer nor are we liable under it. We do not provide any warranties or assurances in relation to the Items you purchase (or attempt to purchase) from third party sellers through the site, or from companies to whose website we have provided a link on the site, and any such warranties and assurances are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller.

Types of user

The basic level of user does not have to register to use the site. They will be able to browse the site but will not be able to access sellers’ contact details or post advertisements (‘Basic User’). A Free User of the site has to register to use the site. They will be able to post three advertisements every twelve months (starting on the date of their membership) and will be able to access sellers’ contact details after five clear days have elapsed from the advertisement being posted (‘Free User’). A premium user of the website has to register to use the site. They will be able to post an unlimited number of advertisements and will be able to access sellers’ contact details when the advertisement is posted (‘Premium User’).

Being a free or premium user

Your application to become a Free User or a Premium User constitutes an offer by you to us to enter into a binding contract with us to become a Free User or Premium User (as applicable). We do not have to accept your application. We will act in accordance with the law when deciding whether or not to accept your application. You can also apply to upgrade your Free User account and become a ‘Premium User’. You are given the opportunity to check your application and cancel it or amend it prior to its final submission to us. By applying to become a Free User or a Premium User, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old or if you are under 18 years old that you have the prior written consent of your parent or guardian to become Free User or a Premium User. In the case of a Premium User registration, you agree that we will begin to provide the Services immediately on our issuing an email confirming your upgrade or registration as a Premium User to you.

 

Please note that once we have issued such confirmation, provided you with a copy of these terms in a durable medium and we have begun to provide the Services (i.e. activated your account) you may not cancel or amend our contract and you will lose any cancellation rights which you may have had under the Consumer Protection (Distance Selling) Regulation 2000. This does not affect your other statutory rights and you may still cancel our contract where you are legally entitled to do so, for example, in accordance with these terms or because of our breach. We may terminate your Free User or Premium User registration at any time, for any reason, with immediate effect by contacting you at your last known postal or e-mail address. We may terminate your Free User or Premium User registration without notice if you breach our terms including without limitation our Acceptable Use Policy and guidelines.

 

You may terminate your Free User and Premium User registration at any time, for any reason, with immediate effect by contacting us via our contact page. We reserve the right to check the validity of any request to terminate registration. If you terminate your Premium User registration for reasons other than our breach, then we will not refund to you any monies. If we terminate for reasons other than your breach, then we will within fourteen days refund to you the balance of any monies which you have paid to us (and we have received) which relate to Services to be provided (but not provided) after the date of termination. Upon termination by either party, your right to use the Services shall immediately cease. Termination will not affect either party’s outstanding rights or duties up to the date of termination, including our right to recover from you any money you owe to us

Paying to be a Premium User

Some Services require payment in full before their use. In such cases the amount payable will be clearly indicated and will include value added tax unless otherwise indicated. We will not start to provide such Services (and shall be under no obligation to do so) until we have been paid in advance in accordance with these terms. We may change our prices from time to time. In which case you will be notified of this in advance and have the opportunity to decline payment. If you decline payment you will not receive the Services to which such payment relates. Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend our performance of such Services until you have paid the outstanding amounts. You must keep your account details safe You may create only one user account per person. You may not assign, transfer or otherwise deal with your membership. Your user name must not:

  • contain any swear words or expletives or any words which could be construed as such in anylanguage; or
  • damage our goodwill or reputation or that of any entity with which we are associated including in each case officers, employees, personnel, members, customers and stakeholders; or
  • breach our or any third party rights; or
  • imply any connection with us. For example, your user name must not include the phrase “Tack Me Up” nor must it use any of our trademarks nor any confusingly or colourably similar words or expressions.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable, require you to change or change ourselves any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@tackmeup.co.uk.

Availability of the site

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. From time to time, we may restrict access to some parts of the site or the whole of the site to Free Users or just Premium Users. You agree that we are not liable to you for any loss whether foreseeable or not arising out of or in connection with unavailability or interruption of the Service except that, if you are a Premium User and the site has been unavailable for a continuous period of 7 days your only remedy is to terminate your contract and we will refund the unused portion of your fees. We may update and change our site from time to time.

Using the site

You understand that by using the site you may receive or be exposed to third party content or messages which you may find indecent, offensive or objectionable but you use the site at your own risk and we are not responsible for such third party content. You understand that we cannot verify the identity of users. This means that some users may not be who they say they are. Under 18s Minors are not permitted to become Registered Users of the site without the consent of a parent or guardian.

 

We advise parents and guardians who permit minors to use the site that it is important that they communicate with them about their safety online. This is not our responsibility. Parents and guardians are responsible for supervising minors when they use the site and undertake to us to do so. This is not our responsibility. Minors may not enter areas of the site that are marked as being for persons of 18 years of age and over and it is the responsibility of parents and guardians to ensure that they do not do so.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We have the right to disclose your identity (and the relevant content) to any third party who is claiming that your behaviour or any content posted by you, message sent by you or Item advertised is illegal, breaches these terms, is in violation of intellectual property rights or in some other way infringes that third party’s rights.

 

Any content you upload to our site or contact you make with other users of our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in such content, but you are required to grant us and other users of our site a licence to use, store and copy that content and to distribute and make it available to third parties. You agree that we may view, refuse, reclassify or remove messages even if you have not opened the message. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site or contact made with other users of our site constitutes a violation of their intellectual property rights, or of their right to privacy.

 

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

 

You are solely responsible for securing and backing up your content. We assume no responsibility for the deletion or failure to store, deliver or timely delivery of content or messages.

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Our trade marks

Tack Me Up is a trade mark of KP Financial Services Limited. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use material on our site.

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy. If you wish to link to or make any use of content on our site other than as permitted in these terms, please contact info@tackmeup.co.uk.

Viruses, Hacking and Other Offences

We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of- service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Whether you are a consumer or a business user: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Without prejudice to the general limits on our liability referred to in these terms:

  • we are under no obligation to you to monitor or record the postings, content or other activities of users of the site;
  • we do not assume any responsibility for the quality, safety or legality of Items;
  • we do not assume any responsibility for the truth or accuracy of any postings or content;
  • we make no promises, warranties or guarantees about your ability to buy or sell Items using the site;
  • we are not responsible for third parties. For example, it is not our responsibility if a seller does not deliver Items, if the Items are not as described or if a buyer does not pay for Items.

If you are a business user:

We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our site; or use of or reliance on any content displayed on our site. In particular, we will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

If you are a consumer user:

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date. This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. If you wish to complain about information and materials uploaded by other users please contact us here.

Which country’s law apply to any disputes?

If any dispute arises out off or in connection with the site, we will first attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between us, the mediator will be nominated by CEDR. If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Miscellaneous provisions

These terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the use of the site. We each acknowledge that, in entering into these terms, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this clause limits or excludes any liability for our fraud. If we fail to insist upon strict performance of any of your obligations, or if we fail to exercise any of the rights or remedies to which we are entitled, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing. The contract between you and us is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of such contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of such, or any of our rights or obligations arising under it, at any time during the term of our agreement. Applicable laws require that some of the information or communications we send to you should be in writing. When using the site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This provision does not affect your statutory rights.

 

If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law. Nothing is intended to or shall be deemed to establish any partnership of joint venture between us or make either of us an agent or employee of the other. A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

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