Terms and conditions

 

This User Agreement, the Agribay User Privacy Notice, the Mobile Device Terms and all policies posted on our sites set out the terms on which Agribay offers you access to and use of our sites, services, applications and tools (collectively ‘Services’).

All policies, the Mobile Device Terms and the User Privacy Notice are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services.

If you reside within the European Union you are entering into a contract with Agribay Ltd. Third Floor, 207 Regent Street, London, United Kingdom, W1B 3HH Company number 10284260

Agribay is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations.

Agribay does not have possession of anything listed or sold through Agribay, and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller. Agribay is not a traditional auctioneer.

While we may provide pricing, postage, listing and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Agribay does not review users' listings or content. While we may help facilitate the resolution of disputes through various programmes, Agribay has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

Sellers must have a valid payment method on file with Agribay at all times. Where the seller is found at fault, we will notify the seller and charge the reimbursement amount to the seller's chosen method of payment, or invoice the seller for the reimbursement amount.

Using Agribay

In connection with using or accessing the Services you will not:


  • post, list or upload content or items in inappropriate categories or areas on our sites;
  • breach or circumvent any laws, third party rights or our systems or policies;
  • sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
  • use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;
  • fail to pay for items purchased by you, unless you have a valid reason as set out in an Agribay policy the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller (see our unpaid item policy);
  • fail to deliver items sold by you, unless you have a valid reason as set out in an Agribay policy, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer;
  • manipulate the price of any item or interfere with any other user's listings;
  • post false, inaccurate, misleading, defamatory, or libellous content;
  • take any action that may undermine the Feedback or ratings systems (please see our rules about Feedback);
  • transfer your Agribay account (including Feedback) and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • use the contact information of other users for any purpose other than in relation to a specific Agribay transaction (which includes using this information to send marketing materials directly to Agribay users unless the user has given explicit consent to receiving these materials);
  • distribute viruses or any other technologies that may harm Agribay, or the interests or property of Agribay users;
  • use any robot, spider, scraper or other automated means to access our Services for any purpose.
  • bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
  • export or re-export any Agribay application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
  • copy, modify, or distribute rights or content from our Services or Agribay's works of authorship, designs and trademarks;
  • copy, reproduce, reverse engineer, modify, create derivative works from, distribute, perform or publicly display any content (except for your information) from our Services without the prior express written permission of Agribay and the appropriate third party, as applicable;
  • commercialise any Agribay application or any information or software associated with such application;
  • harvest or otherwise collect information about users, such as email addresses, without their consent; or
  • circumvent any technical measures we use to provide the Services.

If you are registering with Agribay as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on Agribay, you must comply with all applicable laws relating to online trading for the site you are selling on (please see Listings, Items and the Law for more information on the legal requirements for selling in the UK).

You agree that we will commence supplying our services to you as soon as you accept this User Agreement. You can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. We may recoup the cost of any services provided up to the point of cancellation.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.

Fees


The fees we charge for using our Services are listed on our Seller fees page. We may change our fees, or introduce new fees from time to time by posting the changes on the Agribay site or via the Messages section of My Agribay 30 days in advance. You may close your account without penalty within 30 days of such notice being given.

You are required to have a payment method on file when selling on Agribay. If your payment method fails or your account is overdue, we may collect fees owed by charging other payment methods on file and retaining collection agencies or legal counsel.

Abusing Agribay

Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel bids, remove or demote listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:


  • we think that you are creating problems or possible legal liabilities;
  • we think that such restrictions will improve the security of the Agribay community or reduce our or another Agribay user's exposure to financial liabilities;
  • we think that you are infringing the rights of third parties;
  • we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
  • despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
  • you fail to make full payment of any fees due for our Services by your payment due date.

When a buyer or seller issue arises we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both buyers and sellers.

Listing Conditions

When listing an item, you agree to comply with the rules for listing and selling practices policy and that:


  • you are responsible for the accuracy, content and legality of the item listed and agree to list in accordance with the prohibited and restricted Items policy;
  • your listing may not be immediately searchable by keyword or category for up to 24 hours. Agribay does not guarantee exact listing durations;
  • content that violates any of Agribay's policies may be deleted at Agribay's discretion;
  • where your listing appears in search and browse results may be based on certain factors such as listing format, title, bidding activity, end time, keywords, price and postage cost, Feedback, Agribay policy compliance and detailed seller ratings. Learn more about finding an item you listed for sale;
  • Agribay's duplicate listing policy may also affect whether your listing appears in search results;
  • Meta-tags and URL links that are included in a listing will be removed or altered so as to not affect third party search engine results;
  • We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your listings to other sellers;
  • some optional upgrade features will only be visible on certain Agribay Services.

Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.

Purchase Conditions

When buying an item, you agree to comply with the rules for buyers and that:


  • you are responsible for reading the full item listing before making a bid or commitment to buy;
  • you enter into a legally binding contract to purchase an item when you commit to buy an item, or if you have the winning bid (or your bid is otherwise accepted);

Content


When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content (including without limitation, creating and using derivative works) and you authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees. We may offer, license or otherwise make available for your use catalogues of stock images, descriptions, product specifications, and other content, which may be provided by third-parties (including Agribay users). You may use such catalogue content solely in connection with your Agribay listings during the time your listings are on Agribay's sites. That permission is subject to modification or revocation at any time at Agribay’s sole discretion.

While we try to offer reliable data, we cannot promise that catalogue content will always be accurate and up-to-date, and you agree that you will not hold us or our catalogue providers responsible for inaccuracies. If you choose to include catalogue content in your listings, you continue to be responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with this User Agreement and all Agribay policies. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).

Liability


We try to keep Agribay and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in Agribay's Services may not occur in real time. Such functionality is subject to delays beyond Agribay's control.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. Agribay cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.

We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:

  • your use of or your inability to use our Services;
  • pricing, postage or other guidance provided by Agribay;
  • delays or disruptions in our Services;
  • viruses or other malicious software obtained by accessing, or linking to, our Services;
  • glitches, bugs, errors, or inaccuracies of any kind in our Services;
  • damage to your hardware device from the use of any Agribay Service;
  • the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
  • a suspension or other action taken with respect to your account or breach of the Abusing Agribay section;
  • the duration or manner in which your listings appear in search results as set out in the Listing conditions section; or
  • your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under Agribay Money Back Guarantee up to the price the item sold for on Agribay and its original postage costs, (b) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) £100.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, 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 limited or excluded by law.

Legal Disputes


If a dispute arises between you and Agribay, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales. You and Agribay both agree to submit to the non-exclusive jurisdiction of the English Courts.
In simple terms, "non-exclusive jurisdiction of the English courts" means that if you were able to bring a claim arising from or in connection with this User Agreement against us in Court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.

Compensation


You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of Agribay's Services or your breach of any law or the rights of a third party.

General


If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
Headings are for reference purposes only and do not limit 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. We do not guarantee we will take action against all breaches of this User Agreement.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
This User Agreement may not be otherwise amended except through mutual agreement by you and an Agribay representative authorised to do so.
We may amend this User Agreement at any time by email, or via the Messages section of My Agribay or by posting the amended terms on www.Agribay.com All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Agribay site.
The User Agreement, the Agribay User Privacy Notice and all polices posted on our site are the entire agreement between you and Agribay and supersede all prior understandings and agreements of the parties.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. 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.
 
Cookie Policy

If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

A cookie is a piece of information, like a tag, that's stored on your computer, tablet or phone when you visit a website. It can help identify your device – like your PC or mobile phone – whenever you visit that website. They are used by most major websites including O2. To make the best use of our website, on whichever device you use, you'll need to make sure your web browser is set to accept cookies.
What are cookies used for?
We use cookies and some other data stored on your device to:
•give you a better online experience
•allow you to set personal preferences
•protect your security
•measure and improve our service
•work with partners and measure marketing

So what information is kept by the cookie?
 
A cookie will typically hold
•the name of the website that it has come from
•how long the cookie will stay on your computer or phone
•a value – usually a randomly generated unique number
 
How long do cookies stay on my computer?
Session cookies – these only last until you close your browser. They are not stored on your hard drive. They are usually used to track the pages that you visit so that information can be customised for you for that visit.
Persistent cookies – these are stored on your hard drive until you delete them or they reach their expiry date. These may, for example, be used to remember your preferences when you use the site.
 
How do cookies affect my privacy?
You can visit our website without revealing any personal information.
We protect your personal information very carefully. The security and safety of your personal information is very important to us.
We may ask you for personal information so you can buy or sell something from our site, for security reasons or so you can use our services.
 

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