PITBAY.COM
RULES OF MEMBERSHIP AND FOR THE USE OF THE SERVICES OF PITBAY.COM
Important
The following are the Rules of Membership and for Use of the Services for PITBAY.COM. Membership is required before the Services can be used. On Registration, each intending Member is required to confirm that he has read and understands the Rules and agrees to be bound by the same.
It is essential, therefore that before applying for Registration, each intending Member reads the Rules and seeks advice on any which are either not clear or not understood. Business Members are reminded that their legal obligations to Individual Members are more onerous than the obligations of Individual Members to each other and are strongly advised to obtain legal advice before Registration.
The holding and transmission of Member’s Data requires express consent under the Data Protection Act 199 and PITBAY.COM LLP advises anyone who is unhappy about giving such consent no to proceed with Registration.
1. Definitions
The following words, phrases and expressions have the meanings set out opposite them:
“PITBAY.COM LLP” means Pitbay.Com LLP of 19 Pindar Road, Hoddesdon, Hertfordshire EN11 0DE, UK. Email: info@pitbay.com
“PITBAY.COM” means the PITBAY.COM website
“The Rules” means the Rules of Membership and for the Use of the Services of PITBAY.COM
“Individual Member” means an individual who does not rely either in the whole or part on the sale of Items for a living
“Business Member” means a Member other than an Individual Member and includes a person, firm, company or other legal entity
“Member” means an Individual Member, a Business Member or both, as the case may be
“The Services” means the provision by PITBAY.COM of an online facility for the sale and purchase of Items by Members on PITBAY.COM
“Selling Member” means a Member offering an Item for sale
“Buying Member” means a Member buying an Item
“Member’s Data” means all data inputted into PITBAY.COM’s servers or posted on PITBAY.COM by a Member
“Item” means any item relevant to motor sport including services in connection with motor sport but excluding prohibited items
“Prohibited items” mean items which are illegal in the selling Member’s jurisdiction and/or which PITBAY.COM LLP considers in its sole discretion to be obscene, offensive or not to be relevant to motor sport
“Item Entry” means the posting of an item for sale on PITBAY.COM
“Minimum Price” means the minimum price required for an item as posted in the Item Entry.
“Item conditions of Sale” means the requirements regarding payment and the methods of delivery offered in an Item Entry
“User Name” means the unique user name chosen by each Member on Registration
“Password” means the unique password chosen by each Member on Registration
“Registration” means the completion of PITBAY.COM LLP’s online registration requirements
“Required Payment” means the amount agreed to be paid for an item plus other agreed charges including delivery charges and insurance and, in the case of a sale by a Business Member, any applicable VAT
Words used in the Rules importing the masculine gender shall include the feminine gender, words importing the single number shall include the plural and vice versa
2. Membership.
All Members must register at PITBAY.COM before using the Services. Individual Members must be aged 18 or over at the time of Registration. Firms, companies etc must register as Business Members. Registration will continue until cancelled by either PITBAY.COM LLP or the Member
3. User Name and Password
On Registration each Member must provide a User Name and a Password. Each Member will be responsible for all online activity under such User Name and Password and must keep the same confidential and not to disclose them to a third party. No Member is permitted to use any other User Name and/or Password nor sell, transfer permit any third party to use the User Name and/or Password.
4. Registration
Registration is affected by an intending Member completing the online registration requirements on PITBAY.COM
A Member may cancel his Registration forthwith on giving notice to PITBAY.COM LLP but cancellation will not effect any outstanding obligations of that Member to PITBAY.COM LLP and/or any other Member.
5. Fees
Whilst PITBAY.COM LLP makes no charge for membership, accessing PITBAY.COM or communicating with other Members, PITBAY.COM LLP charges selling Members Fees when Items are both put on sale and sold. PITBAY.COM also charges fees for other parts of the Services.
All fees are set out on PITBAY.COM, accessed through the “Site Fees” tool, and are subject to change from time to time. However, PITBAY.COM will give 14 days notice of any change and, except where Fees are increased as a result of legislation, regulation or taxation, no changes will affect Items then on sale.
Unless otherwise stated all fees are expressed in UK currency and include applicable VAT. Selling Members will be responsible for paying fees for the Services and all invoices for fees will be submitted in digital by email and as VAT invoices where applicable.
5. The Services
PITBAY.COM is not an auctioneer and the Services provide a facility for members to buy and sell Items from and to each other on PITBAY.COM without the involvement of PITBAY.COM LLP.
5. Buying on PITBAY.COM
A legal obligation to buy an Item arises when a buying Member either (i) offers to buy a Item on sale at a fixed price in accordance with the Item’s conditions of sale; (ii) makes the highest bid meeting any Minimum Price requirement within the Auction Period for an Item on sale by auction; or (iii) makes the highest bid meeting any Minimum Price requirement within the Auction Period for either the number of Items bid for or for such lesser number of Items as shall not be sold by higher bids.
The buying Member is legally bound to buy such Item or Items by making the Required Payment in accordance with the Item’s conditions of sale.
6. Selling on PITBAY.COM
Each selling Member is responsible for ensuring that each Item is (i) properly described in its Item Entry; (ii) can legally be put on sale on PITBAY.COM; and (iii) can be lawfully sold and delivered to the buying Member. Where the selling Member and the buying Member are residents of different jurisdictions, it is the responsibility of the selling Member to ensure that the item can be delivered to the country of residence of the buying Member but it is the responsibility of the buying Member to pay any import duties or taxes payable on the Item on delivery.
A selling Member is required to ensure that all data relating to the Item in the Item Entry is correct and that there is no restriction on the publication of any part of the data on PITBAY.COM and that all data can be used without restriction, license or penalty on PITBAY.COM’s servers
Once a selling Member has submitted an Item Entry, he will not be entitled to cancel the Item Entry under the Consumer Protection (Distance Selling) Regulations or any similar legislation or regulation
A selling Member putting an Item on sale at a fixed price becomes liable to sell the Item when a buying Member makes an offer at that price in accordance with the Item’s conditions of sale and that item has not already been sold to another Member
A selling Member putting an Item on sale by auction becomes liable to sell the Item to the buying Member making the highest bid meeting any Minimum Price Requirement within the Auction Period in accordance with the Item’s conditions of sale.
A selling Member putting Items on sale in a Dutch auction becomes liable to sell to the buying Member making the highest bid meeting any Minimum Price requirement the number of Items bid for in accordance with the item’s conditions of sale. Where the number of Items bid for is less than the number on sale then the selling Member becomes liable to sell the other Items in accordance with the Item’s conditions of sale to the next highest bids meeting any Minimum Price Requirement until all such items have been sold.
A selling Member must not manipulate the price of any Item or interfere with other sales including, without limitation, biding for an item he is selling or procuring anyone to bid on his behalf and offering bidders in other sales similar items to those being sold,
7. Payment for Items and Delivery
Payment for Items and Delivery for each Item is to be in accordance with each Item’s conditions of sale and neither is the responsibility of PITBAY.COM LLP.
9. Member’s Data
Each Member is responsible for his Member’s Data and the obligations of PITBAY.COM LLP under the Rules is to facilitate through PITBAY.COM the distribution and publication of each Member’s Data
10. Restrictions on Member’s Data and the use of the Services
A Member must not in his Member’s Data input into PITBAY.COM’s servers or post on PITBAY.COM nor do nor omit to do anything in the use of the Services which is or may be reasonably deemed by PITBAY.COM LLP:
To be:
Incorrect, inaccurate, deceptive or misleading;
Obscene, indecent, abusive, offensive, threatening or defamatory;
In breach of the rights, including Intellectual Property Rights of any Member and/or third party;
In breach of any laws or regulations of the UK and/or any other relevant jurisdiction;
In breach of PITBAY.COM LLP’s agreements with its ISP and other suppliers;
Liable to cause loss or damage to PITBAY.COM and/or PITBAY.COM LLP; or
In breach of any other of the Rules;
An attempt to access PITBAY.COM by means of a robot, scraper or other automated means without the prior express consent of PITBAY.COM LLP;
An attempt to bypass or override PITBAY.COM’s website security including filters robot exclusion means or other measures;
To:
Contain computer viruses, macro viruses, trojan horses, worms or anything else designed to, or capable of, interfering with, interrupting or disrupting the normal operation of any computer including intercepting unauthorised accessing or expropriating any computer or data;
Cause, in any way, interruption, damage, impairment to PITBAY.COM and/or the Services; or
Link directly or indirectly to any website providing services similar to the Services or to any website offering for sale items and/or providing services which are prohibited under the Terms and Conditions of Membership;
Overload or place an overlarge load on PITBAY.COM’s infrastructure;
Interfere or attempt to interfere with the operation of PITBAY.COM and/or provision of the Services.
Interfere or attempt to interfere with PITBAY.COM’s feedback facility
11. PITBAY.COM LLP’s rights in each Member’s Data
To enable PITBAY.COM LLP to distribute and publish each Member’s Data online, each Member, on Registration will as a requirement of Registration be deemed grant PITBAY.COM a royalty free licence throughout the duration of a Member’s membership. Such licence shall be deemed to permit the distribution and publication of each Member’s Data online for the purposes of providing the Services, advertising and marketing Items and advertising and marketing PITBAY.COM LLP’s business and products.
12. PITBAY.COM LLP’s rights in data other than each Member’s Data
All data on PITBAY.COM other than each Member’s Data is either the property of or under the control of PITBAY.COM LLP and no Member shall copy, reproduce, modify, derive from, distribute or publish any data from the sight other than that Member’s Data without the prior express consent of PITBAY.COM LLP and/or any relevant third party.
13. Use of each Member’s Data by other Members
Where any Member’s Data comes into the knowledge of any other Member through the proper use or otherwise of PITBAY.COM and/or the Services each Member obtaining another Member’s Data shall on Registration be deemed to acknowledge that such Member’s Data is confidential to the Member owning it and the use of the same shall be limited as follows:
14. Emailing by Members
No Member shall use any email forwarding services provided on PITBAY.COM to send spam and/or any other content which would violate PITBAY.COM’s obligations under such email service.
No Member shall send spam or unsolicited commercial communications or abusive, threatening, indecent or otherwise objectionable emails to any other Member and/or any employee or supplier of PITBAY.COM LLP.
No Member shall add the email and/or postal address of any other Member or any employee or supplier of PITBAY.COM to an email and/or postal address list without the prior express consent of such other Member, employee or supplier otherwise than for the purpose of completing the buying and selling of an item. On completion of the buying and selling of an Item, in the absence of an express consent to retain the same, all such addresses shall be deleted forthwith.
15. The Feedback facility
The Feedback facility provides Members with the ability to rate the performance of other Members’ in respect of both buying and selling Items. PITBAY.COM LLP reserves the right to limit the activities of any Member on PITBAY.COM in the event that he is given low feedback ratings by other Members.
15. Breaches of the Rules
If in the reasonable opinion of PITBAY.COM LLP a Member shall have breached any of the Rules then:
In respect of a breach that is either fundamental or a serious breach incapable of remedy PITBAY.COM LLP shall be entitled to terminate the membership of that Member forthwith;
In respect of a serious breach capable of remedy if that Member shall not have remedied the same to the reasonable satisfaction of PITBAY.COM LLP within 30 days of receiving a notice of breach PITBAY.COM LLP shall be entitled to terminate the membership of that Member forthwith on the expiration of that notice; and
In respect of any other breach, PITBAY.COM LLP shall be entitled to terminate the membership of that Member if, having remedied a breach after receiving a notice of a breach, that Member shall commit a further breach, whether or not of the same nature, within 60 days of that notice.
16. Privacy Policy
PITBAY.COM LLP considers the protection of Member’s privacy to be paramount and each Member’s Data will held and transmitted in a secure and confidential environment. In accordance with its obligations under the Data Protection Act 199#, PITBAY.COM LLP requires each Member to specifically permit PITBAY.COM hold and transmit Member’s Data at the time of Registration.
PITBAY.COM LLP’s Privacy Policy is set out on PITBAY.COM and is accessed through the “Privacy Policy” tool. PITBAY.COM LLP will give Members at least 30 days notice of each change to the Privacy Policy before such change becomes effective.
17. Risk
The access to PITBAY.COM and the use of the Services is at the risk of each Member. Because of the nature of the internet including the disruption of internet service provision, power failures, strikes, government intervention and the like, PITBAY.COM LLP cannot give any assurance that it can provide the Services continuously without interruption and/or secure access as a result of circumstances beyond its control.
PITBAY.COM LLP cannot accept any liability for any loss suffered by any Member as a result of such interruption and/or loss of secure access and, in so far as it is legally able to do so in the UK or other relevant jurisdiction, PITBAY.COM LLP specifically excludes from the Rules all implied warranties, conditions or other terms, whether or not the same are implied by statute and whether or not the same relate to the standard of the Services, the level of skill in provision of the Services, the timescale in the provision of the Services or otherwise ion respect of the Services.
18. Disclaimer and limitation of liability
The Rules do not limit or exclude PITBAY.COM LLP’s liability for death, personal injury or fraudulent misrepresentation resulting from the wilful acts or neglects of PITBAY.COM LLP, its partners or its employees.
Neither PITBAY.COM LLP, its partners nor its employees will be liable to any Member for:
Any loss suffered by that Member being economic loss (including loss of business, loss of profit, loss of revenues, loss of opportunity, loss of contracts or similar loss), loss of goodwill and loss of reputation or for any extemporary, indirect or consequential damages whether or not for negligence arising in connection with or out of the Rules and/or the Services; or
The acts or omissions of the providers of its telecommunication services or faults in failures of their networks and/or equipment.
In the event of any claim by a Member for loss other than arising out of death, personal injury or fraudulent misrepresentation, the liability of PITBAY.COM LLP to any Member or third party shall be limited to the greater of (i) the fees paid by that Member relating to the Item giving rise to the claim or (ii) £100.
Nothing in the Rules implies that PITBAY.COM LLP approves of or validates any transaction.
PITBAY.COM makes all reasonable efforts to verify the accuracy of information supplied by Members on Registration but, as verification on the internet cannot be assured; PITBAY.COM LLP is not able to guarantee the purported identity of neither Members nor any Member’s Data.
In the event of a dispute between Members with regarding the use of PITBAY.COM by Members PITBAY.COM does not accept any responsibility for pursuing any right, claim or action on behalf of one Member against another Member
19. Member’s Indemnity
Each Member will indemnify and hold harmless PITBAY.COM its partners and employees from and against any claim action or demand arising out of a breach by that Member of any of the Rules.
20 Notices
Any notice required to be sent under the Rules shall be sent by email to the last disclosed address of the recipient and shall be deemed to have been received at 10.00 am GMT on the day following the day of transmission.
21 Dispute Resolution
Disputes between PITBAY.COM LLP and any Member must be reported to admin@pitbay.com. We encourage you to report all disputes between members to your local law enforcement body.
22. Third Party Rights
The Contracts (Rights of Third Parties Act) 1999 is excluded from the Rules and no third party will have any rights under the Rules or otherwise by virtue of that Act.
23 Unenforceability
As between PITBAY.CO LLP and any Member, if any of the Rules are held invalid or unenforceable, such rule shall be struck out and the remainder of the Rules shall be enforceable.
24. Assignment by PITBAY.COM LLP
PITBAY.COM LLP shall be entitled to assign a Registration and its obligations to a Member under the Rules to a third party without the consent of that Member for any purpose whatsoever.
25 Independent contractors
PITBAY.COM LLP and each Member are independent contractors and no agency, partnership, joint venture or similar relationship is created by Registration or otherwise.
26 Waiver of rights
In the event of any breach of the Rules no delay on the part of PITBAY.COM in acting on that breach shall be a waiver of PITBAY.COM’s rights to act in the event of subsequent breaches.
27 Headings
Headings are incorporated in the Rules for ease of reference only and are not to be relied upon in the interpretation of the Rules
28 Entire Agreement
The Rules set out the entire agreement between PITBAY.COM LLP and each Member with regard to Membership and the Use of the Services of PITBAY.COM
29 Changes of any of the Rules
PIT.BAY.COM reserves the right to change vary or exclude any of the Rules at any time on giving at least 14 days notice of such change
30 Governing Law
The Rules and the legal relationship between PITBAY.COM and each Member are governed by and shall be construed in accordance with the law of England and Wales
As regards the legal relationship between Members, the jurisdiction of a Member may have laws different to the laws of England and Wales and/or that of another Member, in particular with regard to transactions between Members, items that can be offered for sale or bought, importation, exportation, payment or otherwise.
It is the responsibility of a buying Member to ensure that an item can be legally offered for sale in and exported from his jurisdiction and the responsibility of a buying Member to ensure that he can legally buy in and import into his jurisdiction.
ENDS
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