Website terms and conditions
(1) Introduction
It is important that you (the user) read these Terms & Conditions before using Studentswapshop.com. By using the Studentswapshop.com website or by registering you agree to be bound by these terms and conditions.
If you disagree with any part of these terms and conditions, do not use this website.
The ownership and all benefits of Studentswapshop.com and this website belongs to BurnFish Ltd
(2) Definitions
In these terms and conditions, the following definitions apply;
‘We’ and ‘us’ means Burnfish Ltd
‘BurnFish Ltd’ means the owners and operators of the web site studentswapshop.com
‘Website’ and Studentswapshop.com means www.studentswapshop.com
‘Services’ means any information and services provided by BurnFish Ltd through Studentswapshop.com
‘You’ means the user of Studentswapshop.com
(3) Limitations of liability
A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
BurnFish Ltd shall not be responsible or liable to the user, or anyone, for the statements or conduct of any third party on the service.
Studentswapshop.com is an introductory site for students primarily to permit the swapping of unwanted items. We do not control the information provided by other users which is made available through the Site. Other user's information may be found to be offensive, harmful, inaccurate, or deceptive.
BurnFish Ltd assumes no liability for the content of any listings.
Please use caution, common sense, and practice safe trading when using the Site.
Please note that there are also risks of dealing with underage persons or people acting under false pretences.
By using this Site, you agree to accept such risks and agree that BurnFish Ltd is not responsible for the acts or omissions of users on the Site.
BurnFish Ltd shall not be responsible for any items obtained by swapping or purchase, which are damaged during transit or during an inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller.
BurnFish Ltd shall not be responsible for the cost of procurement of substitute goods or any losses resulting from any goods purchased or obtained.
The users shall reimburse BurnFish Ltd for all losses that may be suffered as a result of a listing, unless that loss is due to BurnFish act or omission
BurnFish Ltd reserves the right to cease operating the website or to terminate your access and use of any part of this website at any time without giving notice.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing we will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement.
We also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided “as is” and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.
(4) Restricted access
Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
(5) Membership
Our services are available only to student individuals in the UK aged 18 and over who can form legally binding contracts under applicable law.
If you are under 18 years old and not a student in the UK, do not use this web site.
The Services may only be used by existing undergraduate or post-graduate students in the UK who have a valid email address ending in either ac.uk or .edu.
BurnFish Ltd reserves the right to reject any registration at its sole discretion.
You must provide full and accurate information. If you provide false or inaccurate details when registering as a member, we may revoke your membership without notice.
Users will have a User ID and password on completion of registration at the Site. Users are responsible for all actions taken under their User ID and password and shall perform transactions using their individual User ID and password.
Users must use every effort to keep their password safe and should not disclose it to any other person. The password or User ID may not be sold or transferred to any other person, nor should any other person be permitted, either directly or indirectly, to utilise a User ID or password.
If we or you terminate your membership (for any reason), you are not entitled to any compensation.
We may use many techniques to verify the accuracy of the information that Users provide to us when they register on the Site. However, because user verification on the Internet is difficult, BurnFish Ltd cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site.
You must update your registration details should they change at any time.
We may disable your user ID and password at our sole discretion or if you breach any of the policies or terms governing your use of our website
(6) Restrictions
You must not use our website in any way that causes, or may cause damage to or impair the website, of the availability or accessibility of the website.
You must not use our website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website for any purposes related to marketing without our express consent.
You must not use our website to copy, publish or send mass mailings or spam.
You must not use our website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English and other applicable law.
Without limiting our other remedies, we may limit your activity on this site, suspend or terminate your membership or any of your listings and/or refuse to provide our services to you without notice to you if:
(a) You breach these terms and conditions; or
(b) We believe your actions may cause us financial loss or legal liability; or
(c) You have acted inconsistently with the spirit of this agreement; or
(d) You have violated or tried to violate the rights of other users; or
(e) You contact a seller or swapper and have no genuine interest in buying an item from them; or
(f) You impersonate anyone else or otherwise misrepresent your identity or status
(g) You pose any threat to our users
(h) You have engaged or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Site.
All material you copy, publish or send via our website must not:
(a) Be defamatory, obscene, indecent, hateful, discriminatory or inflammatory;
(b) Infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime;
(c) Not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.
In the interests of animal welfare, live animals of any type must not be listed in any section of the Studentswapshop.
Child and Adult Pornographic items and services of any type must not be listed in any section the Studentswapshop.com.
Pharmaceutical medicines and drugs must not be listed in any section of Studentswapshop.com.
Weapons including, but not limited to, knives, firearms, coshes and other adapted items of violence must not be listed in any section the Studentswapshop.com.
You must not swap or offer for sale item which are damaged or not fit for purpose, unless the deficiency is clearly detailed in the description of the item.
You must not swap or offer for sale items which are stolen, counterfeit or fraudulent or for which you have not a full title guarantee or any items which are illegal.
If you are a user, you must ensure that you are legally able to swap or sell each item included in a listing on the Site, and that it is lawful to sell or swap such item to UK residents.
(7) Listings
You must describe your item and all terms of swap or sale on the listing page of the Site accurately. All items must be listed in an appropriate category.
Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item and you are responsible for ensuring that you have the right to use all content in your listings and we have the right to host it on our servers.
We reserve the right to edit or remove any material posted upon our website without notice.
We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to our website, informing the authorities or commencing legal proceedings against you.
You acknowledge that we will commence supplying our services to you as soon as you have registered and where appropriate, you recognise that you will not have the right to cancel any listing under the Consumer Protection (Distance Selling) Regulations 2000 or any equivalent legislation in your jurisdiction
In respect of all material that you post on our website, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-licence such rights.
(8) External websites and co- branded pages.
This website includes links to external websites and co-branded pages. We have included these links and co-branded pages to provide you with access to information and services you may find useful or interesting.
BurnFish Ltd is not responsible for the content of these websites and pages or guarantees anything provided by them.
BurnFish Ltd is not liable for any action you make take as a result of any information or goods received from external websites and co-branded pages.
(9) Dispute Resolution
1) BurnFish Ltd does not offer a trading guarantee;
2) All items on Studentswapshop.com are owned by third parties.
3) BurnFish Ltd never possess the items offered on the website and therefore, have no control over the legality, safety and or quality of the items offered
4) BurnFish Ltd is not involved in the negotiation or completion of transactions or disputes between the parties.
Should there be any problem with a transaction please attempt to resolve the issue emailing the member using the relevant links on the Studentswapshop.com site.
Should any dispute not be resolved satisfactorily, please contact your local law enforcement body and notify us of the issue by emailing enquiries@studentswapshop.com
(10) General
We do not accept any obligation to protect you from unsafe items listed for swap or sale on our Site, and you must not assume that items listed on the Site will be harmless to people or property.
You accept sole responsibility for the legality of your actions under all applicable law.
If you see a listing that violates our rules, please let us know by contacting us by email.
You and BurnFish Ltd are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.
(11) Website disclaimer
(a) Introduction
This disclaimer governs your use of our website. It is important that you read these terms and conditions before using Studentswapshop.com. By using our website, you accept this disclaimer in full. If you disagree with any part of this disclaimer, do not use our website.
(b) Intellectual property rights
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all our intellectual property rights are reserved.
(c) Licence to use website
You may view, download for caching purposes only, and print pages from the website, provided that:
(i) You do not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system;
(ii) You do not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent;
(iii) You do not edit or otherwise modify any material on the website.
(iv) You do not cause Studentswapshop website to contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information
(v) You do not cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired
(d) Limitations of liability
The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we not commit to ensuring that the website remains available or that the material on this website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct, indirect or consequential loss or damage arising under this disclaimer or in connection with our website, whether arising in tort, contract, or otherwise – including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings.
(12) Variation
Agreement will govern and be effective for new user registrations from the date that it is posted on the Site.
Existing users will be bound by the amended User Agreement after the expiry of 30 days following the date of service of Notice by posting the amendment on the site.
If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out but the remaining provisions shall be enforceable.
We may amend this User Agreement at any time by giving you notice, which shall be deemed to have been validly served on you by posting amendments to the User Agreement on the Site.
(13) Entire agreement
These terms and conditions, together with our privacy policy constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
(14) Assignment of user agreement
You agree that this User Agreement and all incorporated agreements may be automatically assigned by BurnFish Ltd, in our sole discretion, to a third party in the event of a merger or acquisition or any other event.
(15) Law and jurisdiction
This notice will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.
(16) Indemnity
It is a condition of your use of the Services that you indemnify us on demand for any loss or damage that we may suffer as a result of your breach of the User Agreement
(17) Our contact details
The full name of our company is BurnFish Ltd our registered address is 45 Main Street, Market Harborough, Foxton, Leicestershire LE16 7RB
Our company number is: 06172449
VAT Registration Number 913 4258 38
You can contact us by email to enquiries@studentswapshop.com or call 01858 545254.