Terms & Conditions
Welcome to the User Agreement for Bollywood bay.co.uk The services available at www.bollywoodbay.co.uk are provided by Bollywood bay. This User Agreement describes the terms and conditions applicable to your use of our services available under the domain at http://www.Bollywood bay.co.uk. If you do not consent to this user Agreement, you should not use or access our services.
To comply with this agreement you must read, 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 become a user of the site. This Privacy Policy contains a number of references to other pages on our site. Please note: underlined words and phrases are click-through links to these pages and websites, it is recommended that you visit these pages, links and user agreements to fully understand what you permit and agree to as a Bollywood bay user/shop!
By accepting this Privacy Policy and the User Agreement, you specifically consent to our use and disclosure of your personal information in the manner prescribed in this Privacy Policy. If you object to this use and disclosure please do not register with us.
We may amend this user agreement at any time by giving you notice by 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 Policy.
This User Agreement is effective on 01 August 2005 for new registering users and is otherwise effective on 01 August 2005 for all users registered.
Outline of Bollywood bay Roles and Responsibilities
Bollywood bay is not an auctioneer. Although Bollywood bay can be referred as an online auction web site it is important to realise that it is not a conventional auctioneer. Bollywood bay is a venue which allows registered users to offer, sell, and buy just about anything which is legal, at any time, from any place We do not review listings provided by users, we never 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. Bollywood bay do not accept responsibilities with any transactions between registered Bollywood shops and Bollywood users.
A. User ID and Identity Verification
It is necessary for you to choose an 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 operate the site using your own User ID and password. You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer or sell your User ID to any other person. You shall also not permit, either directly or indirectly, any other person to utilise your User ID or password. 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 difficult, Bollywood bay cannot and does not confirm the alleged identity of users or the validity of the information which users post to the site. Our User ID feedback rating system will also help you to evaluate the user with whom you are dealing with. We encourage you to communicate with potential trading partners using the tools available on the site.
B. Liability
You must not offer, sell, bid for, or buy any items, which we do not permit on the site. We do not accept any obligation to protect you from unsafe items listed for sale on our site. Please do not assume that items listed will be harmless to people.
In the event that you have any right, claim or action against any other user arising from that user's use of the site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Bollywood bay from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
C. Information Control
We do not control the information provided by other users, which is made available through the site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice 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 Bollywood bay is not responsible for the acts or omissions of users on the site.
D. Feedback
You must not take any actions that may undermine the integrity of the feedback system. We may limit the number of bids and listings you may place on the site and your other activities on the site based upon the level of your feedback. Feedback ratings are not designed for any purpose other than for facilitating trading between Bollywood bay users, and you agree that you shall not market or export your Bollywood bay feedback rating in any venue other than an Bollywood bay website. We do not allow you to import feedback from other websites to Bollywood bay because such feedback does not reflect your reputation within the Bollywood bay community.
E. Listing and Selling. Bollywood bay will highlight each point in detail:
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. The option to communicate with the buyer and seller is an opportunity should you wish to use this facility.
2. 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. Bollywood bay have the right to suspend your account at any duration as an account holder.
3. Influence
You must not influence the price of any item or interfere with other user's listing(s). Without limitation, you must not bid in a listing where you are the seller, or procure or encourage any person to do so on your behalf. You should not contact bidders in a listing where items are listed for sale in order to offer similar items to the bidders in that listing. We do not permit you to make bids or make any payments using a false User ID.
4. Binding Bids
A seller who receives at least one bid at or above the stated minimum bid price (or in the case of reserve auctions, at or above the reserve price) must complete the transaction with the highest bidder on completion of the listing, unless the the buyer fails to meet the conditions of the seller's listing (such as payment method); or the seller cannot authenticate the buyer's identity.
5. Cancellations
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.
F. Bidding and 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 you are the highest bidder at the end of an auction-style listing (meeting the applicable minimum bid or reserve requirements and including any bid that becomes the highest after a valid bid retraction) and your bid is accepted by the seller, unless the item is listed in a category or the transaction is prohibited by law or by this User Agreement.
By bidding 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. Bids are only retractable in exceptional circumstances, such as when the seller materially changes the item's description after a bid is placed, a clear typographical error is made, or you cannot authenticate the seller's identity. As buyer, you must ensure that you are legally able to bid for and buy any item that you bid for.
G. Information
Bollwood bay define information as any information you provide to us or other users in relation to the Bollywood bay service including the registration, bidding, listing or feedback process You are solely responsible for your Information, and we act as a mere channel for your online distribution and publication of your Information.
H. Bollywood bay Restrictions
Your Information and your activities on our site must not:
- be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights
- be fraudulent or involve the sale of counterfeit or stolen items
- infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy
- be false, inaccurate or misleading
- 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)
- link directly or indirectly to or include descriptions of goods or services that: are prohibited under this User Agreement, or are identical to other items you have up for sale but are priced lower than your item's reserve or minimum bid amount; and are concurrently listed for sale on a website other than Bollywood bay's. This does not prevent linking to or advertising an Bollywood bay item from another website.
- contain any computer viruses, macro, viruses, 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.
You must not list any item on the site (or complete any transaction initiated using the site) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law.
I. Utilising User Information
In order to facilitate interaction among all Bollywood bay 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 or winning bidder 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 Bollywood bay-related communication or Bollywood bay-facilitated transaction, you may only use such information for: Bollywood bay-related communications that are not unsolicited commercial messages and relate to your genuine participation in an Bollywood bay-facilitated transaction. Other purposes 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 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.
Bollywood bay and our users do not tolerate spam or unsolicited commercial communications. Therefore, without limiting the foregoing, you shall not add a Bollywood bay user, 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.
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 and Mumbai, India, however Bollywood bay 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.
J. Access and Interference
The information on the site is updated on a real time basis and is proprietary or is licensed to Bollywood bay by our users or third parties. 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 take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure. 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 Bollywood bay and the appropriate third party, as applicable. Interfere or attempt to interfere with the proper working of the site or any activities conducted on the site; or 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.
K. Fees
Joining Bollywood bay and bidding on items is free, although you will remain responsible for the costs of accessing our site and communicating with our users. We charge fees for listing items for sale through our site and when you list an item you have an opportunity to review and accept the fees that you will be charged. Our fees are described in our Fees Policy which forms part of this User Agreement. 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). However, we may choose to temporarily change our Fees Policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we announce the temporary promotional event on the site. For the avoidance of doubt, such promotional events shall not apply to any listings on our site at the time of the announcement. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service.
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. You agree that we may issue you with invoices in electronic format by email.
L. Licence
To enable Bollywood bay to use your information, you grant us a non-exclusive, worldwide, continuous, irreversible, licence to exercise the copyright, trade mark, publicity, and database rights you have in your information. You also waive all moral rights you have in your information to the fullest extent permitted by law.
M. Membership Breach
Our services are not available to, and may not be used by, persons under the age of 18 years or to temporarily or indefinitely suspended Bollywood bay members. If you are under 18 years old, you can use this service only in conjunction with and under the supervision of a parent or guardian. If you do not qualify, please do not use our services. If you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement.
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 and refuse to provide our services to you without notice to you if; you breach this User Agreement or the documents incorporated by reference; regardless of our reasonable activities, we are unable to verify or authenticate any information you provide to us and that if we believe that your actions may cause us financial loss or legal liability.
N. Liability Constraints
Everything in this User Agreement excludes or limits Bollywood bay's liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, users. Subject to the foregoing, Bollywood bay 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 rules do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.
Bollywood bay take no negligence liability 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 in any circumstance are 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.
O. Bollywood bay Notices
Unless otherwise explicitly stated, notices to Bollywood bay must be sent by registered mail to Bollywood bay, notices to you will be sent to the email address that you provide to Bollywood bay during the registration process.
P. Protection
You agree to indemnify and hold us and (as applicable) harmless from any claim or demand, including reasonable legal fees, 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.
Q. Assurance, Law and Compliance
The information about the products published on this site are provided by Bollywood bay on the basis of the information received from registered users and shops are on an "as is" basis. Bollywood bay makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials or products, included on this site. To the full extent permissible by applicable law, Bollywood bay disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Bollywood bay will not be liable for any damages of any kind arising from the use of this site or any of the products offered, including but not limited to direct, indirect, incidental, punitive and consequential damages. Bollywood bay 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. Whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Governing Law and Legal Compliance.
This site is created and controlled by Bollywood bay in Mumbai India; as such the laws of India shall apply; courts in Mumbai shall have jurisdiction in respect of all the terms, conditions and disclaimers. Bollywood bay reserves the right to make changes to the site and the terms, conditions and disclaimers. This User Agreement shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts.
R. 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.
S. Collective Information
If any stipulation 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 Bollywood bay, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and Bollywood bay are independent contractors, and no agency, partnership, joint venture, third party 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.
Disputes between you and Bollywood bay regarding our services may be reported to Bollywood bay Customer Service. We encourage you to report all disputes between users to your local law enforcement body.
T. Trademarks
Bollywood bay.co.uk and Bollywoodbay.com and any other expression that contains the word "Bollywood bay" are the worldwide trademarks of Bollywoodbay.co.uk. These trademarks may not be used in connection with any product or service that is not that of Bollywood bay. |
