Terms and Conditions
Your User Agreement
This User Agreement describes the terms and conditions applicable to your use of our services available under the domain (and sub-domains) at www.jamgolf.com (the "Site"). If you do not agree to be bound by this User Agreement, you may not offer to sell golf equipemtn or buy golf equipment via our services. You should read and must agree with and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of the Site. This User Agreement constitutes a legally binding agreement between you and us. We may amend this User Agreement at any time by giving you notice ("Notice") by either e-mail or by posting the amended User Agreement on the Site. Any amended User Agreement will govern 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 a Notice. No other amendment to this User Agreement will be effective. Please note that different notice provisions apply to our Fees and Credits Policy as set out in section 6 below.
This User Agreement is effective on 01 April 2008.
1 Membership Eligibility.
If you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you will comply with all applicable laws relating to online trading.
1.1 If you are an individual applying for registration, you represent that you are at least 18 years old and that you will comply with all applicable laws relating to online trading.
1.2 In applying to register as a user you represent and undertake that you have provided us with your true identity and with complete and valid contact information including an email address.
2. User ID.
You must choose a User ID and password on completion of registration. You are responsible for all actions taken under that User ID and password and shall only use or utilise the Site using your own User ID and password. You should not disclose your password to any other person. You shall not transfer or sell your User ID to any other person or business entity unless that entity is wholly owned by you. You shall also not permit, either directly or indirectly, any other person to utilise your User ID or password.
3. JamGolf is only a Venue.
3.1 The Site acts as a venue which allows registered users to offer, sell, or buy only genuine golf clubs, golf shoes, galf bags and other golf apparel, at any time, from anywhere, in a variety of price formats. No goods or items outside this description or services whatsoever may be listed on the Site. We do not review listings provided by users, we do not possess the items offered through the Site and we are not involved in transactions between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on the Site. We are not responsible for ensuring that buyers and sellers actually complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you.
{b|3.2 Identity verification. We use many techniques to verify the accuracy of the information our users provide to us when they register on the Site. However, because user verification on the Internet is not guaranteed, Jam Auctions Limited cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site. Subject to the provisions of Section 7.5 below users are not permitted to publish the contact information of other users in an online public area or otherwise.
3.3 Genuine goods. If at any time you as a seller are reasonably suspected of selling goods that are not original by reason of being in breach of any third party's rights of any nature or otherwise, whether you know about it or not, your right to access and/or use our services may be suspended, and you will be unable to list or bid. We reserve the right to inform the manufacturer or licensee of any infringement of their rights. We may also refund the customer from your account.
3.4 Liability. In the event that you have a dispute with any other user arising from that user's use of the Site or otherwise, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Jam Auctions Limited and its directors, agents and employees from and agree to have no recourse to any of them in respect of all claims, liability, demands, damages (whether actual or consequential), losses, costs and expenses, including any legal fees, arising from or in any way connected with such dispute.
3.5 Information Control. We do not control nor take any responsibility for the information provided by other users which is made available through the Site. You may find other users information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practise 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 Jam Auctions Limited is not responsible for the acts or omissions of users on the Site.
4. Buying.
As a buyer, you have a legal obligation to complete a transaction with a seller if you purchase an item through one of our fixed price formats or if your offer is accepted by the seller. By making an offer on an item you agree to be bound by the conditions of sale included in the item's description provided that those conditions of sale are not in breach of this User Agreement or otherwise unlawful.
The usual cooling off period of seven days applies and you should contact the seller direct - NOT JAMGOLF. The seller retains the right to make a re-stocking charge and you (the buyer) will be liable for any carriage charges incurred.
5. Listing and Selling
5.1 Listing Description. If you are a seller, you must ensure that you are legally able to sell each item included in a listing on the Site, and that it is lawful to sell such item to UK residents or (if the buyer is resident overseas) that it is lawful to sell and export such item to a person resident in the buyer's jurisdiction. You must describe your item and all terms of sale on the listing page of the Site. 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. All items must be listed in an appropriate category.
5.2 No Cancellation. You acknowledge that we will commence supplying our services to you as soon as you have sent a "Sell Your Item" form to us, and 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.
5.4 Fraud. Without limiting any other remedies, we may suspend or terminate your account if we suspect that 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.
5.5 We are not responsible for verifying a seller's right to list and sell items. Third parties can notify us in the event that they believe their intellectual property rights to have been infringed, and we may remove such infringing items and/or suspend infringing sellers without notice to you.
5.6 Manipulation. You must not manipulate the price of any item or interfere with other users listing(s).
6. Fees
Joining Jam Auctions Limited and bidding on items is free, although you will remain responsible for the costs of accessing and using our Site and communicating with our users. At present we do not charge fees for listing items for sale through our Site. We may change this policy at any time, and any change will be effective after the expiry of 14 days following the date of posting on the announcements board on the Site (or such later date as we may notify). We may in our sole discretion change some or all of our services at any time. Unless otherwise stated, all fees are payable in GB Pounds sterling. Whether you are a business or not, value added tax and other taxes may apply to your transaction. Sellers will be responsible for paying all fees associated with using our service and our Site and all applicable taxes.
7. Your Information
7.1 Definition "Your Information" is defined as any information you provide to us or other users in relation to the Jam Auctions Limited service including the registration, bidding, or listing including, without limitation, any description of items listed, your postings on the message boards and any other content that you post within the Site. You are solely responsible for Your Information, and we act as a mere conduit for the online distribution and publication of Your Information.
7.2 Restrictions Your Information and your activities on our Site must not:
� be false, inaccurate or misleading;
� be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
� infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
� be fraudulent or involve the sale of counterfeit or stolen items;
� be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising);
� be obscene, indecent or contain child pornography;
� create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
� link directly or indirectly to or include descriptions of goods or services that: (a) are prohibited under this User Agreement; (b) are identical to other items you have up for sale but are priced lower than your items reserve or minimum bid amount; (c) are concurrently listed for sale on a website other than JamGolf.com); or (d) you do not have a right to link to or include 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;
� 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.
7.3 Licence To enable Jam Auctions Limited to use Your Information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, trade marks, publicity, database rights and all other intellectual property rights you have in Your Information, in any media known now or in the future. You also waive all moral rights you have in Your Information to the fullest extent permitted by law.
7.4 Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Jam Auctions Limited and the appropriate third party, as applicable; (3) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (4) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. We do not authorise you to extract or re-utilise substantial parts of our Site, or to make systematic and repeated extractions or re-utilisations of insubstantial parts of our Site.
7.5 Your Use of Other Users Information. In order to facilitate interaction among all Jam Auctions Limited community members, our service allows you limited access to other users contact information. As a seller you have access to the User ID, email address and other contact information of the buyer or winning bidder(s), and as a buyer you have access to the User ID, email address and other contact information of the seller. By accepting this User Agreement, you agree that, with respect to other users personally identifiable information that you obtain through the Site or through an Jam Auctions Limited related communication or Jam Auctions Limited-facilitated transaction, you may only use such information for: (a) Jam Auctions Limited-related communications that are not unsolicited commercial messages and relate to your genuine participation in an Jam Auctions Limited-facilitated transaction, (b) using services offered through Jam Auctions Limited (e.g. escrow, insurance, postal and fraud complaints), and (c) any other purpose that such user expressly agrees to after adequate disclosure of the purpose(s). In addition, you shall only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure. We give no undertaking or guarantee that other users will respect the privacy or security of Your Information and accordingly we encourage you to evaluate the privacy and security policies of our trading partners before entering into transactions and choosing to share Your Information with them. You should note that law enforcement personnel, and other rights holders are given different rights with respect to information they access. Jam Auctions Limited and our users do not tolerate spam or unsolicited commercial communications. Therefore, without limiting the foregoing, you shall not add a Jam Auctions Limited employee or a Jam Auctions Limited user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express written consent after adequate disclosure.
7.6 Use of Email Tools. You may not use the Email This Auction to a Friend service, or other email forwarding services that we offer, to send spam or otherwise send content that would violate our User Agreement. We do not permanently store the email messages or the email addresses.
8. Breach.
Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration or any of your item listings including removing listings and cancelling bids and unconfirmed accounts and refuse to provide our services to you without notice to you: (a) if you breach this User Agreement or the documents incorporated by reference; (b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; (c) if we believe that your actions may cause us financial loss or legal liability; or (d) if you knowingly or unknowingly sell goods that are counterfeit. You agree not to hold us responsible for any loss which you may incur as a result of our taking any of the actions described above.
9. Transfer of Data.
We view protection of users privacy as a very important community principle. Please note that Your Information will be stored and processed on our computers in the United Kingdom. The laws on holding personal data in the United Kingdom may be less stringent than say the US laws but Jam Auctions Limited will hold and transmit Your Information in a safe, confidential and secure environment. If you object to your Information being transferred or used in this way please do not register.
10. No Warranty.
We (directors, agents and employees) 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. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
11. Limitation of Liability.
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 or for any other liability that cannot be excluded or limited by law. Subject to the foregoing, we (directors, agents and employees) 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. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.
We (directors, agents and employees) 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. Our liability to you or any third party, and the liability of our directors, agents and employees, in any circumstance is limited to the greater of (a) the total fees you have paid to us in relation to the listing or other service offered giving rise to liability, and (b) £100.
12. Indemnity.
You agree to indemnify and hold us and (as applicable) our directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees and disbursements incurred in connection with any such claim or demand, made by any third party due to or arising out of your breach of this User Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party, and in particular but without prejudice to the generality of the foregoing arising out of any claim or demand in respect of the genuineness and original provenance of any goods as described in condition 3.1 and 3.3 hereof.
13. Notices.
Unless otherwise explicitly stated, notices to Jam Auctions Limited must be sent by registered mail to Jam Auctions Limited and notices to you will be sent to the email address that you provide to Jam Auctions Limited during the registration process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail to the postal address provided by you to us on registration. Notice sent to either party by registered mail shall be deemed to have been delivered three days after dispatch.
14. Governing Law and Legal Compliance.
This User Agreement shall be governed by and construed in accordance with English law and is subject to the non-exclusive jurisdiction of the English courts. Please note, that your country (and/or that of any user you deal with) may have laws which apply to your transactions with other users regardless of what you agree with us (now) or with that user (later). The laws of your country may be different from English law, including laws governing what can be legally offered, sold, exported, bought or imported. There may be additional legal requirements, relating to (for example) the requirement to hold a licence to buy or sell certain items, or to register a transfer in a central registry. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and solicitation of offers to purchase and sale of items. There is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.
15. Dispute Resolution.
Disputes between you and Jam Auctions Limited regarding our services may be reported to www.jamgolf.com We encourage you to report all disputes between users to your local law enforcement body.
16. Third Party Rights.
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.
17. General.
If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that this User Agreement and all incorporated agreements may be automatically assigned by Jam Auctions Limited, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and Jam Auctions Limited 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. This Agreement will prevail over any conditions of sale imposed by a seller and our User Agreement by reference. Each of the policies may be amended from time to time and material changes will be posted on the site.
