Terms and Conditions of Use Agreement
Effective date 01 January 2009
If you wish to buy (buyer) or sell (seller) products or services via this website, you must agree to the terms below as the exclusive basis which governs such transactions. If you do not agree to any of the terms and conditions, do not use this website.
redrocktraders.com is a website that provides an on-line forum for buying and selling. The items or services offered are supplied by third parties not redrocktraders.com
THIS AGREEMENT is made between redrocktraders.com and you (”the user“).For the purpose of this agreement the use of the term material constitutes either a product, service or provision of information.
1. Seller Terms and Conditions
1.1
The seller recognises and accepts that it bears sole responsibility for the content of all material and all information posted on the website relating to the material as provided by the seller to redrocktraders.com and the seller hereby indemnifies redrocktraders.com and the buyer in the event that the material is unacceptable.
1.2
Redrocktraders.com shall retain the right at all times to refuse to provide the service or any part thereof, including without limitation, posting any unacceptable material (where the seller requests its posting) and to remove any unacceptable material from the website.
1.3
The posting of material or content by redrocktraders.com on the website shall not under any circumstances constitute a waiver of any of its rights in relation to such material or of any breach of the seller’s obligations under this agreement.
1.4
The seller warrants, represents and undertakes in relation to all material and content (including, for the purposes of this clause 1.4, any material which it requests redrocktraders.com to post on the website) that no such material shall be unacceptable and that the seller has obtained full and effective licence(s) from all relevant third parties allowing the seller to use and supply relevant material and to permit its dissemination worldwide, that it can convey good title in such material to the buyer and the seller hereby indemnifies redrocktraders.com in respect of any breach of this clause.
1.5
The seller warrants that the information and statements submitted by the seller in relation to any material will be accurate, relate only to the material, and not to any other matter, and will not include links to other websites and will be categorised by the seller within any appropriate categories on the website.
1.6
The seller undertakes to fully virus-check all information that is supplied to redrocktraders.com pursuant to this agreement.
1.7
The seller undertakes not to embark on any course of action, whether by use of the website or any other means, which may cause a disproportionate level of website activity without providing at least fourteen days prior notice in writing to redrocktraders.com.
1.8
Where the seller makes or gives warranties, representations or undertakings to redrocktraders.com under the terms of this agreement, those warranties, representations or undertakings are also made for the benefit of the buyer who shall be entitled to rely on them.
1.9
The parties agree that the seller is the sole author, editor or publisher of the material offered by the seller through the website and all information relating thereto published on the website.
2. Buyer Terms and Conditions
2.1
All material is produced or supplied by third parties not by redrocktraders.com. Accordingly redrocktraders.com shall not have any responsibility or liability for such material.
2.2
All conditions and warranties whether expressed or implied, statutory or otherwise, which relate to the condition or fitness for any purpose of the material or any part thereof or to the care or skill with which the material or any part thereof has or should have been (or, as the case may be, will or ought to be) prepared are hereby expressly excluded.
2.3 The buyer obtains no intellectual property rights in the material it purchases.
3. Terms and Conditions Which Apply To All Users
3.1 In registering for this website, the user must provide accurate registration details which the user must update after any changes (except age) before using the website for further transactions.
3.2
The user hereby warrants to redrocktraders.com that they are at least eighteen (18) years of age and legally able to enter into contracts.
3.3
Redrocktraders.com reserves the discretion to withdraw any material from the website without prior notice and to refuse any requests for material made by potential buyers.
3.4
The information details provided by the user during the registration process and data relating to its use of the website will be recorded by redrocktraders.com, but this information shall not be disclosed to third parties (other than on an anonymous or aggregated basis) nor to be used for any purpose that is unrelated to the website.
3.5
Redrocktraders.com may in the normal course of internet operation send a small file to the user’s computer when the user visits the website. This file or “cookie” will enable redrocktraders.com to identify the user’s computer, track the behavior on the website and to help in establishing the particular areas of interest of the user so as to enhance future visits to the website. The cookie will not enable redrocktraders.com to identify the user and redrocktraders.com shall not use it otherwise than in relation to this website. The user can set their computer browser to reject cookies but this may in due course prevent access to, or use of particular sections of this website.
3.6
The user hereby authorise redrocktraders.com to use any information which it submits to this website, inform the user of special offers and for other marketing and related purposes. Redrocktraders.com will not use user data for any other purposes than as set out in this agreement except that redrocktraders.com may disclose this data if compelled to do so by law, or at the request of a law enforcement agency or governmental authority.
3.7
If the user does not wish redrocktraders.com to use their information as set out in the clauses 3.3 and 3.4 above, then the user should leave the website before submitting their personal details.
3.8
If the user does not want redrocktraders.com to use their own email address(es) to send information concerning the website and related matters, the user should notify the website via the contact page and insert “unsubscribe” as the subject heading.
3.9
Redrocktraders.com has the appropriate security processes and procedures in place to protect the user(s) personal information.
3.10
Redrocktraders.com reserves the right to suspend or terminate the account of a user where, in its absolute discretion, it deems such suspension appropriate. In the event of such suspension or termination, redrocktraders.com will notify the user by email and the user must not seek to re-register either directly or indirectly through a related entity.
3.11
Redrocktraders.com shall not be liable for any interruption to the service, whether intentional or otherwise.
3.12
To ensure the avoidance of doubt to all users of the website that redrocktraders.com is providing a service and not goods.
3.13
Redrocktraders.com owns all intellectual property rights in the website and the service, including without limitation, data and material submitted by users, the design, text, graphics, the selection and arrangement thereof.
3.14
Redrocktraders.com take the reported and actual infringement of intellectual property rights and fraud extremely seriously and whilst users cannot hold redrocktraders.com liable in relation to such issues, redrocktraders.com requests all users to report such matters immediately and redrocktraders.com shall in due course inform the appropriate authorities.
3.15
In addition to the terms set out herein, a seller may wish to make the provision of material subject to its own terms and conditions. It is up to the seller to incorporate those terms with due validly into the contract it forms with the buyer. However, in the event of any conflict between any terms included within the terms of the seller and those set out in this agreement, the terms of this agreement shall prevail.
3.16
Users will be invited to send appropriate comments to redrocktraders.com by email relating to the integrity and performance of other users.
3.17
In accordance and compliance with the consumer protection and distance selling regulations, once a user has paid for a subscription and logged into the member’s area, they will only be issued refunds at the sole and full discretion of the website management team. If a user has purchased a subscription and has not been able to login, then a complete refund will be issued to the user. In all other circumstances, refunds will be given at the sole and full discretion of the website management.
3.18
Users shall not use the website if they own a business which is in competition direct or otherwise with the website. Users shall not copy, reproduce or download information, material or content submitted by users, design, text, graphics, directory information, database information or files for reselling purposes, bulk mailing purposes, for operating a business in competition with the website or otherwise for any commercial exploitation of content.
3.19 If a user incurs extra charges from its payment service provider, for example, foreign exchange charges related to subscription charges then these charges are exclusively for the user’s account.
4. Limitation of redrocktraders.com Liability
4.1 Redrocktraders.com is not and shall not be held liable for any indirect loss, consequential loss, loss of profits, revenue, data or goodwill howsoever arising suffered by any user arising in any way in connection with this agreement, sales or for any liability of a user to any third party.
4.2
Redrocktraders.com will make all reasonable attempts to exclude viruses from the website, it cannot ensure such exclusion and no liability is accepted for viruses. Thus, the user is recommended to take all appropriate safeguards on hardware and software before downloading information or any material from the website.
4.3
Redrocktraders.com shall not be liable for ensuring that the material on the website or supplied by virtue of a sale is not unacceptable material and the buyer in making any purchase from the website accepts that it does so exclusively at their own risk.
4.4 Redrocktraders.com
is not liable for any failure in respect of its obligations hereunder which result directly or indirectly from failure or interruption in software or services provided by third parties.
4.5
Redrocktraders.com is not responsible for the direct or indirect consequences of a user linking to any other website from the website.
4.6
None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of redrocktraders.com or their appointed agents.
4.7 Redrocktraders.com
is not responsible for the direct or indirect consequences of the user linking to any other website from this website.
5. Warranties and Indemnity
5.1
Redrocktraders.com does not represent or warrant that the information accessible via the website is accurate, complete or up to date. Therefore redrocktraders.com has no liability whatsoever in respect of any use for which the user makes of such information.
5.2
Material has not been written to meet the individual requirements of the buyer and it is the buyer’s sole responsibility to satisfy him/her self before entering into a subscription that the material is suitable for the purposes for which it is intended.
5.3
All warranties that are expressed or implied, statutory or otherwise are hereby excluded.
5.4
The user hereby agrees to indemnify redrocktraders.com against all liabilities, claims and expenses that may arise from any breach of this agreement by the user.
6. General Terms and Conditions
6.1
Subject to Clause 6.2, this written agreement and any other expressly incorporated document constitute the entire agreement between the parties hereto relating to the subject matter hereof and neither party has relied on any representation made by the other party unless such representation is expressly included herein. Nothing in this Clause 6.1 shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court of law or an arbitrator may allow reliance on the same as being fair and reasonable.
6.2 Redrocktraders.com
reserves the right to alter its terms and conditions of business at any time. The effective date at the time the user is reading these terms is set out at the top of this agreement. Before entering into a transaction, user should confirm that the effective date has not changed. If it has, the user should examine the new set of terms and only enter into a transaction if it accepts the new terms.
6.3
If any provision of this agreement or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.
6.4 Redrocktraders.com
reserves the right to assign or subcontract any or all of its rights and obligations under this agreement.
6.5
The user may not assign or otherwise transfer their rights or obligations under this agreement without the written consent of redrocktraders.com.
6.6
Any notice given by email is to that to the last known email address of the addressee. It is the responsibility of the user to notify and update redrocktraders.com of any change of address(es) or email address(es). Such notice shall be deemed to have been duly served upon and received by the addressee(s), when served personally, at the time of such service, when sent by email 2 (two) working days after the same has been sent, or if sent by post 5 (five) working days after put into the post correctly addressed and pre-paid.
6.7 Redrocktraders.com
shall not be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder (other than in relation to payment) resulting from acts or causes beyond their reasonable control or from any Acts of God or Force Majeure, or Regulations of any Governmental or Supra-National Authority.
6.8
Any delay or forbearance by redrocktraders.com in enforcing any provisions of this agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
6.9
This agreement shall be governed by the laws of the United Kingdom (UK) and the all consenting parties shall submit to the non-exclusive jurisdiction of the United Kingdom (UK).
7. Customer Satisfaction Guarantee
7.1
Redrocktraders.com is extremely proud in establishing a reputation for providing top quality information that enables sellers and buyers to communicate for the purpose of selling through internet channels. Due to the superb value for money offered through our online services very few people request their money back after purchasing and trying out our services and customer support. To ensure that we continue to offer top quality customer support we do ask that before a refund is requested that you should contact our customer services to assist with any questions or concerns. Please:
Contact Customer Service: info@redrocktraders.com
.
8. Customer Refund Policy
8.1
The purchaser (user) agrees as part of the consideration that is required to purchase this product, to very carefully review and test this product during the refund period and to immediately request a refund if the product is found not to be of a satisfactory standard. The request for a refund must be made within thirty (30) days from the date of purchase.
8.2 In the case where the redrocktraders.com member has purchased on a recurring annual payment basis the thirty (30) day refund period dates from the date of purchase. From day 31 onwards, no amount received by redrocktraders.com up to day thirty (30) will be eligible for refund since the member has had full use of the intellectual property for a full thirty (30) days. Irrespective of the date of the request for a return, after the first thirty (30) days, the first instalment is not recoverable. If you have purchased access to our products in the past and received a refund. You are NOT eligible for another refund if you purchase again.
To ensure that we continue to offer top quality customer support we do ask that before a refund is requested that you should contact our customer services to assist with any questions or concerns. Please:
Contact Customer Service: info@redrocktraders.com
.
9. Credit Card Dispute
9.1
Redrocktraders.com cordially asks that you contact us before contacting your credit card company to register a payment dispute. This is an expensive process for any seller because all internet companies have detailed time stamped records of your transaction and subsequently the seller can challenge a credit card dispute and in most cases will win. To ensure that we continue to offer top quality customer support we do ask that before a refund is requested that you should contact our customer services to assist with any questions or concerns. Please:
Contact Customer Service: info@redrocktraders.com
.
10. Contact redrocktraders.com
General Questions: info@redrocktraders.com
Password Issues: password@redrocktraders.com
Site Comments: comments@redrocktraders.com
Dropship Suppliers: directory@redrocktraders.com
Article Questions: articles@redrocktraders.com
10.1
Redrocktraders.com is wholly owned by Mescart Limited.
10.2 Registered Office: 2nd Floor, 145-157 St. John Street, London, UK, EC1V 4PY
10.3
Company Number: 05830577.
10.4
VAT Number: 901-7851-32 .
11 Recommendations Policy
11.1 Please be aware that as a part of the user’s (purchaser’s) redrocktraders.com membership the user (purchaser) may participate in the redrocktraders.com official blog. The user (purchaser) may email a recommendation(s).that is favourable to redrocktraders.com. The user (purchaser) hereby authorizes redrocktraders.com to quote such recommendations in articles, videos and other media produced by redrocktraders.com from time to time. The user (purchaser) also authorizes redrocktraders.com to make such favorable comments available to the relevant platform, education and product providers referenced in the favorable recommendation. The user (purchaser) also authorizes redrocktraders.com to use the user’s (purchaser’s) full name in publishing such quote but will not disclose the user’s (purchaser’s) personal contact details. Redrocktraders.com will not use or publish any unfavorable comment without first seeking the permission of the user (purchaser) in the event that there is a valid purpose in publishing such comment.
12 Specific Disclaimers
12.1
If claims about results from using this product or if claims about income or earnings resulting from the use of this product are made, such claims are true for the persons who made the claims, including claims made by the seller(s) about their own experience with the product.
12.2 No warranties are made whatsoever about the amount of money, if any, that the user (purchaser) will earn from this material or product or service and the user (purchaser) warrants an understanding that the user’s (purchaser’s) only course of action is to test this product and material for the extent of the refund period and request a refund if the user (purchaser) is not satisfied prior to its expiration.
