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Terms and Conditions

The CollectFair website provides tools to create, host and maintain business and personal websites which are accessible to other users on the Internet.

Below, the conditions governing your use of the CollectFair service are set out. You must observe the conditions at all times.

We hope you enjoy your experience with CollectFair. Please read these conditions carefully.

  1. Definitions:

    "CollectFair" means the service owned and run by Picopages Ltd. CollectFair is a trading name of Picopages Ltd, a company registered in England and Wales. Registration number: 5079386. Registered office: 64 Edward Street Flats, Sheffield, S3 7GG;
    "User" means a person who uses or has used the CollectFair web site;
    "Privacy Policy" means the policy described here;
    "Web Pages" means the series of HTML pages and files that are designed, developed, and edited by the User and are the responsibility of the User;
    "Web Site" means a group of Web Pages;
    "Stall" means a group of Web Pages;
    "Site" has the same meaning as Stall;
    "Terms" means this Terms and Conditions document;
    "Web space" means the space provided for storing Web Pages;
    "Guest site" means a limited Web Site with a strict limit on the number of Web Pages and other features available;
    "Free trial site" means a short duration free website used to try out the system. This is for testing only, and is not publicly viewable.
    "Service" means the service offered by CollectFair to allow users to design and edit their Web Pages and to host their Web Pages with CollectFair.
    "Buyer" means a person buying goods or services from a CollectFair User, with CollectFair as a venue, but not involved in the transaction.
    "Seller" means a person selling goods or services, with CollectFair as a venue, but not involved in the transaction.

  2. The CollectFair service
    1. In order to become a User and use the CollectFair service you must follow the registration process for the service.

    2. Your use of CollectFair is subject to your acceptance of the Terms, the Privacy Policy relating to use of personal data, and any other terms as may be applied to Users from time to time. Acceptance is required for all users, including those with a Guest or Trial Site.

    3. The CollectFair service is provided without any warranties or guarantees unless specifically stated.

  3. Technical details
    1. The web space allocated to Users depends on the options taken when creating your Web Pages. We reserve the right to refuse to accept material and/or delete material which exceeds the relevant limit. CollectFair reserves the right to vary these limits from time to time and we will keep you informed by e-mail.

    2. Data transfer allocations are set to limit the maximum data that may be transferred from a Web Site in a month. Allocations can not be transferred between months. Additional data transfer is available for a fee. CollectFair reserves the right to limit or suspend access to a Web Site if it exceeds its monthly data transfer allocation and the User does not buy additional data transfer allocation.

    3. The Web Pages you create must be directly accessible to all users of the Internet.

    4. Data stored on our servers is not guaranteed to be backed up. The User is responsible for making the necessary backups of Web Pages created using CollectFair, images and any other data belonging to the User. CollectFair will not be responsible for loss of customer's data for any reason.

    5. CollectFair reserves the right to suspend access to or remove any User website (where it believes, in its absolute discretion, that it is appropriate to do so) whose purpose is to encourage widespread downloading of material and/or files (including but not limited to MP3 files, music files, video files or executable program files), which generally has a disproportionate ratio of hits to the number of pages or data transfer allocation, or which has been used for the distribution of a virus, internet worm or similar device.

  4. Your use of the CollectFair service
    1. You agree that you will only use CollectFair in a manner that is consistent with these Terms of use and in such a way as to ensure compliance with all applicable laws and regulations.

    2. The User is solely responsible for the Web Pages they create, the operation and content of such Web Pages and any other material that they store in the web space and are accountable for any unlawful acts committed by them.

    3. The User must not use the CollectFair service to knowingly receive, display and/or transmit any material, goods, images, text, or files which: (a) infringe another persons intellectual property rights; and/or (b) invade the privacy of others; and/or (c) incite any person or organisation to undertake illegal activities; and/or (d) are libelous, defamatory, abusive, violent, racist, incite the corruption of a minor, pornographic, obscene or violate the rights of others in any other way and or (e) are otherwise illegal or unlawful.

    4. Users must comply with all applicable law and regulation in relation to the protection of personal data including but not limited to the Data Protection Act 1998.

    5. User must not create pages which consist wholly or mainly of links for promotion of affiliated websites, or links intended mainly to increase the search engine rankings of associated sites while offering little value to browsers of CollectFair.

    6. CollectFair reserves the right to remove, without prior notice, Web Pages which in its sole discretion it believes do not comply with the above.

    7. To the extent to which your use, or the use by any person who may be authorised by you or for whom you are responsible (for example as an employer or as the parent or guardian of a child) of CollectFair, causes loss or damage to any person, you agree to indemnify CollectFair immediately on demand in relation to any such losses or damages attributable to CollectFair, including where necessary any legal and administrative, or technical charges that may arise from such use.

    8. The User must not disclose his/her password to any third party.

    9. The User must not resell his/her web space.

    10. The User must not create multiple user accounts. The user may run multiple stalls through a single account, but only one of these may be a "Guest site" or a "Trial site".

    11. Any content of an adult nature must contain a warning page as to the content of the site which should be displayed prior to the viewing of any such adult content.

    12. By signing into your account, or uploading files to it, you are indicating your acceptance of these Terms.

    13. Users must not participate in any form of unsolicited bulk e-mailing or spam.

    14. You may not run server processes (eg. talkers/IRC Bots) from your Web Site.

    15. CollectFair reserves the right to modify or amend these Terms at any time.

  5. CollectFair is a venue
    1. CollectFair acts as a venue for Sellers to list items or services, Buyers to find items or services, and for Users to exchange their views and opinions. CollectFair is not involved in the actual transaction between Buyers and Sellers. As a result, CollectFair has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of Sellers to sell items or the ability of Buyers to buy items. Any views or opinions are those of the author, and do not necessarily represent those of CollectFair. Due to the difficulty in authenticating people over the Internet, we cannot and do not confirm each user's identity.

    2. CollectFair allows Users to create "Buy Now" buttons linked to payment services such as PayPal. CollectFair is not involved in the transaction between Buyers and Sellers, and does not transfer legal ownership of items from the Seller to the Buyer. CollectFair cannot ensure that a Buyer or Seller will actually complete a transaction. Disputes must be resolved between the Buyer and Seller.

    3. The CollectFair contract for the supply of goods and services, the description of the ordering process, and the distance selling regulations information described in these Terms relate to transactions with CollectFair. They do not apply to transactions between Buyers and Sellers using CollectFair as a venue.

  6. Contract for the supply of goods and services
    1. The display of goods or services on the CollectFair site amounts to an invitation to treat only and is not an offer to sell goods or supply services at any price indicated. No contract for the supply of goods or services will be deemed to exist between you and CollectFair unless, and until, a confirmation email is sent by CollectFair to you confirming that your order has been shipped or the services made available to you. An initial automatic acknowledgement of the order simply acknowledges that the order has been received, and does not amount to acceptance of your offer. The confirmation e-mail amounts to an acceptance by CollectFair of your offer to buy goods or services from CollectFair and this acceptance is effective regardless of whether or not you receive the e-mail. CollectFair is free to withdraw from a prospective contract at any time prior to acceptance. This also applies in the case of any error or inaccuracy in respect of the goods or services, any description applied to the goods or services, the availability of the goods or services, or the order itself. Price and availability information is subject to change without notice.

    2. When you offer to buy goods or services you warrant that the User Information which you are required to give us via our Website is true, accurate, current and complete in all respects. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. Orders can and will only be accepted from persons over the age of 18. Any contracts or agreements formed between you and us shall be governed and understood according to English Law. These contracts will be deemed to have been made in the UK and all disputes or proceedings will be subject to the exclusive jurisdiction of the Courts of England.

  7. The ordering process
    1. Orders may be placed using the "Place Order" buttons displayed when you have signed in to the CollectFair web site.

    2. Orders may be completed online, or you may print the order and post it to the address given on the Orders Confirmation page together with a cheque or postal order. Please do not send cash through the post.

    3. Unless otherwise stated services are provided for a period of 1 year from acceptance of your order.

    4. You may choose to upgrade your Web Pages / Stall before the end of your current contract. If you do this in the first 11 months of your contract you will receive credit for the unused days of your contract, based on a 365 day year and the amount you originally paid. In the 12th month of your contract, any order will be treated as a renewal and no credit for unused days will be available.

    5. When you upgrade your Web Pages / Stall, the new level of service will be available for 1 year from the date your upgrade order is accepted.

    6. Upon renewal of your Web Pages / Stall in the 12th month of your existing contract, the new level of service will be available immediately, and your contract will extend to 1 year after its previous expiry date.

    7. Orders for a Stall or Web Pages which have passed their expiry date will be treated as a new order.

  8. Distance selling regulations

    This paragraph sets out those items required pursuant to the EC Directive on Distance Selling (Directive 97/7) as ratified by the Consumer Protection (Contracts Concluded by Means of Distance Communications) Regulations 2000 ("The Regulations").

    The Consumer Protection (Distance Selling) Regulations 2000 do not apply to business-to-business transactions, nor to transactions with businesses or consumers outside the UK.

    1. Identity. The supplier of any goods or services purchased pursuant to the Terms and Conditions is Picopages Ltd.

    2. Description of Goods and Services. The goods and services sold pursuant to these Regulations, comprise items selected from those available on our Website. They do not include items available from other Users of the CollectFair site, which may appear on the Web Pages of those Users.

    3. Price. The price of goods purchased via the Website shall be the price advertised on our price list at the time of purchase.

    4. Delivery Costs. Services are available over the internet, and there are no delivery costs. Where goods are delivered directly to your business or home address, this will be at no further cost unless otherwise stated.

    5. Payment. Payment for any goods or services purchased pursuant to these Terms must be made online by debit card at the time of placing the order, or by cheque or postal order if sending the order by post.

    6. Cancellation. In accordance with the Regulations you have a right of cancellation within seven days of acceptance of an order. To cancel you must notify us in writing using the Contact page.

  9. Complaints about Web Pages
    1. If you believe you have a justifiable complaint about a Web Page on the CollectFair site, you should notify CollectFair using the Contact page selecting "Complaint" as the subject of your message. The complaint will be dealt with by CollectFair as soon as possible.

    2. In the event that CollectFair receives a complaint concerning the contents of business or personal Web Pages, CollectFair reserves the right to either immediately suspend access to or delete the Web Pages and/or terminate your access to the CollectFair service depending up on the severity of the complaint.

    3. CollectFair will endeavour to contact the User concerned to inform them that a complaint has been received, the action that has been taken by CollectFair according to CollectFair's evaluation of the complaint allegation, and what steps (if any) that are required to be taken by the User.

  10. Limit of Liability
    1. CollectFair's entire liability to you in respect of all matters associated with CollectFair shall be limited as follows:- (i) Nothing in these Terms excludes CollectFair's' liability for death or personal injury arising from the negligence of CollectFair, its servants or agents. (ii) Nothing in this contract excludes any other liability which is prohibited from being excluded by law; (iii) Except as set out in (i) and (ii) above CollectFair accepts no liability for and hereby excludes any liability for any consequential or indirect losses, loss of profits, loss of business, loss of goodwill or any form of special damages; (iv) CollectFair's liability for direct losses shall (subject to sub paragraphs (i) and (ii) above) be limited to the amount actually paid by you to CollectFair and all conditions, warranties or other terms whatsoever inconsistent with the provisions of this sub paragraph are hereby expressly excluded; (v) In the event that (iii) should prove for any reason ineffective to exclude any liability referred to in that sub paragraph, any such liability shall, subject to (i) and (ii) be limited to the amounts actually paid by you to CollectFair; (vi) each of sub paragraphs (i) to (v) above shall be a separate and severable limitation and if any one or more of them shall prove for any reason ineffective to exclude any liability referred to in the relevant sub paragraph(s) the remaining sub paragraphs shall remain in full force and effect.

  11. Term and termination
    1. This agreement will commence on the date of registration by the User and shall continue until terminated by either CollectFair or the User, pursuant to the terms of this Agreement.

    2. CollectFair or the User may terminate this Agreement at any time. Upon termination the User will no longer be able to sign-in to the CollectFair site.

    3. Public access to a User Web Site will be reduced to the level of a Guest site, upon the Renewal Date for a Web Site if the renewal fees are not paid. The Web Space allocated to the User above that provided by a Guest site will be retained for a period of 30 days whereupon any Web Pages stored on this Web Space will be permanently deleted. If a Guest site option is no longer offered by CollectFair, public access to a User Web Site will terminate upon the Renewal Date if the renewal fees are not paid, and all Web Pages stored will be permanently deleted after 30 days.

    4. CollectFair reserves the right to suspend or terminate the Service at any time and for any reason. CollectFair shall endeavour to provide Users with as much notice as reasonably practicable given the context of each event which may require the Service to be suspended and/or terminated.

    5. In the event that either CollectFair or the User terminates this Agreement, the Web Space allocated to the User by CollectFair will be retained for a period of 30 days whereupon any Web Pages stored will be permanently deleted.

  12. Transferability
    1. The User may not transfer the benefit and/or burden of this Agreement in whole or in part to any other party.

  13. Law and Jurisdiction
    1. This Agreement shall be exclusively governed by and construed in accordance with the laws of England whose Courts will have exclusive jurisdiction in any dispute.