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Introduction

This agreement, the alanandbarry.co.uk Privacy Policy , and all policies posted on our sites set out the terms on which alanandbarry.co.uk offers you access to our sites, services, applications and tools (collectively ‘Services’). All policies and the alanandbarry.co.uk Privacy Policy are incorporated into this User Agreement. You agree to comply with all the above when using our Services.

 

  • Whereever you reside you are entering into a contract with alanandbarry.co.uk.

icangetitonline.com is a marketplace which allows users to offer, buy and sell products and downloads to other users. 

icangetitonline.com payments for physical goods and downloads are distributed by Palpal to the supplier of the product.  There are NO refunds for DOWNLOADS.  Refunds on physical products should be arranged by the buyer directly with the seller.  All disputes between the buyer and seller should in the first place be resolved between the buyer and the seller.  Icangetitonline.com will only become involved as a final resort and the decision of Icangetitonline.com is FINAL.  .

icangetitonline.com does not review users' listings or content. While we may help facilitate the resolution of disputes through various programmes, icangetitonline.com 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.

Under the alanandbarry Buyer Protection policy, if we resolve a dispute in the buyer's favour, we may:

  1. Directly refund the buyer for the cost of the item and the original postage cost, and, in this case, the seller must reimburse us in full, and in a timely manner, for an amount equivalent to the sum we paid to the buyer.  Failure to settle within 14 days will trigger the cancellation of the sellers account. 

Sellers are required to have a Paypal account for the receipt of payments.  Paypal is the only method for payment that we use.   

Using alanandbarry.co.uk

While using or accessing the Services you will not:

  • post, list or upload content or items in inappropriate categories
  • breach or circumvent any laws, third party rights or our 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 deliver items purchased from you, unless the buyer fails to follow the posted terms, or you cannot contact the buyer;
  • post false, inaccurate, misleading, defamatory, or libellous content;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm icangetitonline.com, or the interests or property of icangetitonline.com users;
  • You agree that you will not use any robot, spider, scraper or other automated means to access our Services for any purpose. You will not bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
  • copy, modify, or distribute rights or content from our Services or icangetitonline.com's copyrights and trademarks;
  • copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from our Services without the prior express written permission of icangetitonline.com and the appropriate third party, as applicable;
  • commercialise any icangetitonline.com application or any information or software associated with such application; or
  • harvest or otherwise collect information about users, such as email addresses, without their consent.

If you are registering with icangetitonline.com as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on icangetitonline.com, 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).

We will commence supplying our services to you as soon as you accept this User Agreement. Unless you and icangetitonline.com agree otherwise, you will not be able to cancel this User Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced.

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

Abusing alanandbarry.co.uk

Without limiting other remedies, we may limit, suspend, or terminate our Services and user accounts, restrict or prohibit access to, and your activities on, our Services, cancel and remove 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 icangetitonline.com community or reduce our or another icangetitonline.com 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

When a buyer or seller issue arises we may consider a user 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.

Selling 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.   

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 purchase. 
  • Download purchases are NON REFUNDABLE – so ensure that the download is the correct one before confirmation in the checkout. 

International buying and selling

 

Content

When providing us with content, 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 and authorise us to exercise any and all copyright, trademark, publicity, database or other rights you have in or to the content in any media known now or 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 against us, our sublicensees or assignees. We may offer catalogues of stock images, descriptions and product specifications, which are provided by third-parties (including icangetitonline.com users). You may use catalogue content solely in connection with your icangetitonline.com listings during the time your listings are on icangetitonline.com's sites.

While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree that you will not hold our catalogue providers or us responsible for inaccuracies in their catalogues. 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 icangetitonline.com 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 bases on catalogue content (other than by including them in your listings).

Returns

The return of a physical products is arranged directly between the seller and the buyer and the buyer must follow the sellers instructions.

Sellers must have a Paypal account as this is the only payment method we accept. 

Liability

We try to keep icangetitonline.com and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.Services may not occur in real time. Such functionality is subject to delays beyond icangetitonline.com's control.

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 icangetitonline.com;
  • 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 icangetitonline.com 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 alanandbarry.co.uk section;
  • 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.

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. icangetitonline.com 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.

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.

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 icangetitonline.com's sites, services, applications and tools or your breach of any law or the rights of a third party.

Legal Disputes

If a dispute arises between you and icangetitonline.com, we strongly encourage you to first contact us directly to seek a resolution.   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 the United Kingdom.   You and icangetitonline.com both agree to submit to the non-exclusive jurisdiction of the United Kingdom Courts. 

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 icangetitonline.com representative authorised to do so.

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the icangetitonline.com site.

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.

The User Agreement, the alanandbarry.co.uk Privacy Policy and all polices posted on our site are the entire agreement between you and icangetitonline.com and supersede all prior understandings and agreements of the parties.