|
|
New Terms of Service |
With the change that members will be able to set the flip price for offered items themselves, the following Terms of Service will come into effect on Hitflip. The exact date of the change will be announced separately. The changes to the current Terms of Service are highlighted in bold.
Terms of Service for use of the Hitflip Website
These terms of service (the "Terms") of Hitflip Media Trading GmbH, Guerzenichstr. 7, 50667 Cologne, Germany ("Hitflip") detail how Hitflip's teleservices (the "Services") can be used by you ("you" or "member").
§ 1 Community
Hitflip operates an electronic swap Community (the "Community"). You may use the Community to independently swap media products including DVDs, audio books, CDs, computer and video games and books, as long as this does not break the law or these Terms. Hitflip does not offer any media products and it does not participate in any swaps as a contractual partner. The swap agreements entered into the Community are fulfilled exclusively by Hitflip's members
§ 2 Contractual Agreement
1. Before you are entitled to use the Services, you must agree to these Terms. If you do not agree to these Terms and our privacy policy you may not use the Services. 2. By using the Community, you agree to be bound by these Terms which came into force on January 15th 2008. The Terms also apply where you use our Community or parts of it incorporated into other websites. This includes websites offering access to the Community fully or in part. These Terms shall not be varied without our prior written consent. 3. The Terms are entered into once Hitflip accepts your application for membership. For this purpose, you must provide your first and surname, current address (which shall not be a PO box), telephone number(s), valid email address as well as your date of birth. You must complete the registration form on the Hitflip website (the "Website") with true and accurate information. You must enter your business data and provide contact details of a substitute person, who you authorise to represent you. Before submitting the registration form you and the substitute person must fully agree to all of these Terms. You and the substitute person must also consent to the use and processing of your personal data in accordance with Hitflip's privacy policy, by checking the check box in the registration form. Submission of the form serves as confirmation that you have read these Terms carefully and consent to the entirety of their content. 4. You must register with us individually. You are not allowed to register through a third party, in particular, through third parties that register individual persons commercially with various teleservice providers (e.g. registration and submission services). 5. Hitflip confirms successful registration by email at its sole discretion. There is no right to membership or use of the Community and Hitflip can refuse membership without reason. 6. Membership is for persons who are legally competent. You must be British citizens or permanently reside in the UK. Only individual persons are allowed to register (i.e. no couples or families etc.). 7. If you need to amend any details you have supplied, you must update your profile as soon as possible. You can amend details in your 'settings' by clicking on 'modify' in 'personal details' on the Website. 8. Once you have registered with us, you are not allowed to register any additional accounts, for example by entering different personal details in the registration form. 9. You may not transfer your membership with Hitflip to any third party.
§ 3 Cancellation and Termination
1. You may withdraw your consent to these Terms in writing within two weeks of registration, by emailing support@hitflip.co.uk. By doing so, you automatically cancel your Hitflip membership registration. If your registration is cancelled in time, you are neither bound by the licence agreement nor your consent to these Terms. You must however proceed with any outstanding swap agreements entered into prior to cancellation. 2. Membership may be terminated at any time. Notice of termination must be in writing and emailed to support@hitflip.co.uk. Any outstanding swap agreements must be fulfilled. Hitflip may terminate membership at the end of each month with two weeks' prior notice, at any time. Hitflip reserves the right to suspend an account.
§ 4 Terms and rights of use
1. You may use the Community only in accordance with these Terms. Hitflip may attach certain conditions to the use of the Community and Services. These may include prior verification of registration details, frequency of irregularities and complaints in relation to swap transactions and payment history. 2. Your rights to use the Community and the Services only exist in relation to the current state of technology. Hitflip may occasionally offer a restricted service where this is required for technology or security reasons. This may include capacity limits; server security or integrity; events related to maintenance, servicing, or upgrading. Where possible Hitflip will give you advance notification of such restrictions. This paragraph shall not apply to clause 15 of these Terms. 3. Hitflip reserves the right to modify our service at any time, including changes to its content and interface, as long as this is reasonable for you and in our rightful interest. 4. You agree to set up both a flip account and a monetary account in order to comply with the purchase and payment requirements of these Terms.
§ 5 Hitflip’s services
The services of Hitflip consist of the following: a) Supply of the Community for members; b) Facilitation of swap agreements involving media products; c) Collection of data pertaining to the media products offered and wanted; d) Suggested valuation of items offered and wanted by means of a point system ('flips'); e) Creation and updating of 'flip accounts' for individual members for the use of the Services; f) Creation and updating of monetary accounts for individual members for the use of the Services; g) Facilitation of 'flips' purchase by debiting members' monetary account; h) Collection of data pertaining to members' delivery addresses in a consultable list, to verify addresses for swap transactions for matching swap offers and requests.
§ 6 Remuneration
1. Membership and the creation of a list of media products offered for swap are free. 2. Hitflip charges a commission for each swap. The amount depends on the currently valid fee system which can be found at www.hitflip.co.uk/prices.html and is paid to Hitflip by the member who has ordered a media product from another member as set out below. 3. The commission is due for payment immediately and, if no monetary credit balance exists, is settled by direct debit payment to Hitflip from the monetary account set up by you and Hitflip for the Services. If the direct debit authorisation fails due to your negligence, you shall refund Hitflip for any additional costs incurred as a result. 4. Hitflip provides an invoice for each commission accrued, which you can check on the Website. Hitflip debits the commission from your account in intervals determined by Hitflip. You receive advance email notification concerning each debiting and have an appropriate time frame of at least one week to ensure sufficient funds are available in the account. You will not be sent another reminder. After 14 days you will fall into arrears, unless Hitflip does not debit the account. 5. On request, the commission may be credited to a member. This may happen if a swap partner does not fulfil the contract entered into via the Website.
§ 7 Prohibited media products
1. You shall not offer media products for exchange whose offer, sale or acquisition is against the law, good custom, or these Terms. In particular you shall not offer the following media products for exchange: Media products, whose solicitation, offer or distribution would damage or infringe any Intellectual Property Rights of any person. "Intellectual Property Rights" means copyright, database rights, design rights, patents, trade marks, service marks, domain names (whether or not any of the same are registered and including applications for registration of the same) and all other intellectual property rights or forms of protection of a similar nature or having equivalent or similar effect to any of the same, which may subsist in any part of the world) as well as other third-party rights (e.g. moral rights). In particular, Intellectual Property Rights includes so-called 'pirate copies' but also copies that have been made legally for private use (e.g. copies made from CDs/DVDs, from the radio or from the Internet). An exception is made for copied media products where the owner of the Intellectual Property Rights has given their consent. The same applies to promotion and review copies that are clearly marked as such; You must be able to transfer ownership of the media products offered for swap; Media products, which were purchased in a country that is not a member state of the European Union (EU) or the European economic area (Iceland, Liechtenstein and Norway); and Media products which may be unsuitable for young people or anything that is obscene, abusive, threatening, libellous, defamatory or otherwise illegal. This includes those containing propaganda materials or signs and symbols of illegal organisations glorifying war and violating human rights. This also includes media products representing children or teenagers in unnatural, sexual poses and material of a pornographic nature. 18+ items may be swapped only after the age verification process has been completed.
2. Hitflip reserves the right to delete offers if sufficient evidence is present that they infringe the law or these Terms. In the case of such offences, Hitflip may impose sanctions against you as outlined in clause 10 of these Terms.
§ 8 Valuation of media products by means of 'flips' and purchase of 'flips'
1. Hitflip organises the media products offered for exchange in the Community into various categories. Depending on the category and quality of the media products Hitflip assigns points, so-called 'flips'. Flips are a means for media product valuation. Hitflip's assignment of flips is at its sole discretion. If you do not agree with our valuation of your swap offer, you may offer your media product for swap for a different flip price. 2. If you want to offer a media product using the Community, you must inform Hitflip of its barcode or EAN number. You may only offer intact, readable media products including case and booklet. The condition of the item must be clearly given when adding it to the site. 3. If you infringe the regulations in paragraph 2, we may impose sanctions against you in accordance with clause 10 of these Terms. 4. If you are short of flips when swapping a product, you may purchase flips to go into your flip account by ordering the required quantity from the Website. The flips will be credited to your flip account. The price of a flip depends on the currently valid fee system which can be found at www.hitflip.co.uk/prices.html. The corresponding value will be debited to your monetary account. Regarding the due and expiry date for payment, the regulations of clause 6 paragraph 3 shall apply. 5. Hitflip is under no obligation to reimburse flips.
§ 9 General principles and member obligations
1. You shall only use the Website and Services in accordance with valid laws. 2. Hitflip accepts no responsibility or liability for material and information provided by third parties. You assume total responsibility and risk for your use of our Website. 3. You shall indemnify Hitflip against all claims third parties may make. This includes without limitation, claims of statutory breaches and infringement of any other rights through contents and/or swap offers entered by members. You shall bear all costs associated with Hitflip's legal defence, including court and lawyer's expenses. 4. You may only offer a media product if you are its owner. You must be able to transfer ownership of the swapped media product to your swap partner and post it immediately after completion of the swap agreement. The same media product must not be listed several times. 5. If you offer a media product where an age restriction applies you must send it to your swap partner by recorded delivery or a similarly safe method, to ensure that it is received directly by your swap partner. 6. You must not use other members' personal details for any purpose other than the completion of swap agreements. In particular, it is prohibited to use such details for commercial advertising or direct marketing (spam). 7. Businesses offering media products for swap are obligated to inform Hitflip and other members of their entrepreneurship. They must also provide legally required consumer protection information and add it to their listings. Lastly, they must instruct members of their legal right of revocation, where applicable.
§ 10 Sanctions
1. Hitflip may impose sanctions at its sole discretion if there is specific evidence that you have acted unlawfully, infringed any third party rights, or breached these Terms in any way or if complaints are made about you by third parties.. Whilst Hitflip does not monitor the Services it may take such sanctions at its sole discretion. Sanctions may include: Deletion of swap offers or requests; Cautioning; Suspension or closure of your account. When choosing the appropriate sanction, Hitflip carefully considers the affected member's rightful interests, in particular, if there are any clues indicating that the member is not responsible for the violation. Hitflip may remove an offer or request if you breach clause 7 of these Terms . This will also result in a cautioning of the member concerned. Hitflip will furthermore issue a warning for other breaches of these Terms. 2. Hitflip may suspend your account permanently (account closure), if you: provide incorrect contact details, in particular, a false or invalid email address; register through a third party; attempt to re-register after the original membership has been approved (multiple registration); transfer your membership; compromise the security or operation of the Website, damages Hitflip or any of our members , and in particular, misuse our Services; or if any other valid reason is present in Hitflip's sole discretion. 3. Once you have been banned, you may not re-register. You have no right to have your membership reinstated.
§ 11 Swap transactions
1. By listing a media product in the Community, you submit a binding offer to enter into a swap agreement regarding this media product. The offer is open to all other members. 2. A swap offer in the sense of paragraph 1 may be accepted by any member, provided they have a sufficient number of flips. If a member accepts a swap offer, the appropriate number of flips, according to the media product's valuation, is subtracted from his or her flip account. The flips will be credited to the member offering the swap in the sense of paragraph 1 in return for the media product. 3. Once a swap agreement has been completed, the member offering the media product must obtain their swap partner's shipping address via the Website. He or she has to send the media product to their swap partner at their own expense. Hitflip has no responsibility for any shipping or delivery and shall not be liable for any failure for a member to do so. The member may not request any additional services for the dispatch of the media product nor the product itself. It is furthermore prohibited to attach any additional conditions to the shipment of the media product.
§ 12 Purchase transactions involving external business partners
1. Hitflip may offer its members the opportunity to purchase products from external business partners if a member wishes to purchase an item from that external business party. Hitflip's role in these transactions is that of a mediator. The general trading conditions of the respective business partner shall apply in respect of all transactions closed and you shall be notified of, and agree to, such terms prior to entering to such transaction. 2. Hitflip passes on your details to external business partners where this is required for purchase transactions. These details include your name, address, and bank details where applicable.
§ 13 Briefing
Hitflip has the right to assign or otherwise transfer our rights and obligations under these Terms either fully or in part to a third party. Hitflip will give four weeks notice of any such transfer.
§ 14 Indemnity
You must compensate us on demand for any losses incurred due to your breach of these Terms. In addition, you must indemnify us on demand against all claims by other members and third parties, including court and lawyer's expenses that result directly from a breach of your obligations.
§15 System integrity and disruption of the Hitflip website
1. You must not interfere with or disrupt the functioning of the Website. You must not access or attempt to access data on the Website you are not authorised to access. 2. It is not permitted to copy, reproduce, distribute or use in any other way the contents of the Website without prior consent of the rights owners. The layout of the Website and these Terms may not be reproduced or used on any other website. 3. You agree that the Services are provided "AS IS" and that Hitflip do not provide any guarantee or assurance that our Website or the Services will operate continuously or without interruptions or be error free. Accordingly, Hitflip cannot accept liability for its unavailability or the timeliness, deletion, non-delivery or failure to store any user communications or personalisation settings or that the Service will meet your requirements. You assume total responsibility and risk for your use of our Website and use of all information contained within it.
§16 Liability
1. Nothing in these Terms shall affect the statutory rights of any consumer or exclude or restrict our liability for death or personal injury caused by our negligence or our fraud. 2. Subject to clause 16.1, Hitflip accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, howsoever caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, inaccessibility, use or performance of Hitflip's Website or its contents to the maximum extent permitted by law Hitflip accept no liability for this loss or damage whether due to inaccuracy, error omission or other cause. 3. Subject to the liability which Hitflip accept in clause 16.1, our liability to you arising out of or in connection with these Terms or use of the Services shall not exceed the commission paid by you to Hitflip in the preceding six months. 4. Hitflip does not accept any liability for any disruption to the Services caused by failure of the supply network. 5. Hitflip do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology. 6. The liability limitations outlined above also apply to third parties that Hitflip works with to perform our obligations under this licence agreement. 7. Hitflip make no representations whatsoever, about any other websites which you may access through our Website or which may link to our Website. When you access any other website you understand that it is independent from Hitflip and that Hitflip have no control over the content or availability of that website. In addition, a link to any other website does not mean that Hitflip endorses or accepts any responsibility for the content, or the use of, such a website and Hitflip shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
§17 Credit check
1. Where a business relationship involves credit, the Mediafinanz will supply Hitflip with personal data from their database provided that Hitflip has proved a legitimate interest. This data relates to addresses and information on credit worthiness and also includes data obtained by mathematical, statistical procedures.
§18 Applicable law, place of jurisdiction and written form
1. These Terms are governed by and construed in accordance with English law. 2. If a member does not have an ordinary place of jurisdiction in the UK or is a merchant in the sense of the UK commercial code, the place of jurisdiction for all civil disputes is Hitflip Media Trading GmbH's place of business. Hitflip is also entitled to initiate legal proceedings at a member's ordinary place of jurisdiction. 3. All notices submitted in relation to these Terms must be sent either by email to support@hitflip.co.uk or by post to Hitflip Media Trading GmbH, Guerzenichstr. 7, 50667 Cologne, Germany. Hitflip reserves the right to change the email address or postal address and will notify you in writing of any changes. Such notification shall be deemed valid if sent to the last email or postal address you submitted.
§19 Amendment of these Terms and severability
1. Hitflip reserves the right to change these Terms at any time and without stating reasons. The revised terms of service (the "Revised Terms") will be emailed to you no later than two weeks after coming into force. You will be deemed to accept the Revised Terms unless you object to them within two weeks after Hitflip sent the email. In the email containing the Revised Terms, Hitflip will separately notify you of this two week period as well as the right of objection, and the legal consequences of failing to object. 2. If any provision of these Terms becomes or is held to be unlawful, invalid or unenforceable for any reason whatsoever, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these Terms shall not be affected. The unenforceable provisions shall be replaced by the parties to this agreement by provisions that best meet the economic purpose of the unenforceable provisions in a lawful way. This procedure shall also apply where the Terms are found to contain gaps or omissions.
|
|
