Terms and Conditions
1.1. This User Agreement sets out the terms on which Tiktoo Limited offers you access to and use of www.tiktoo.com (Our “Website”) and other related service (the “Services”). You agree to comply with these terms when using Our Services.
1.2. When accessing Our Website and using Our Services you are entering into a contract with Tiktoo Limited a limited liability company registered in England and Wales under company number 10430837 and with registered office at 2 Clarendon Road, Ashford, Middlesex, TW15 2QE, England. References to “We”, “Us” and “Our” are references to Tiktoo Limited.
1.3. On accessing the Website on this and on each subsequent occasion you will be deemed to have accepted all of the terms and conditions that apply to its use and to the facilities and services provided by it. We reserve the right to alter these terms and conditions at any time and it is your obligation to check if changes have been made. Your use of the Website after changes are posted on-line shall constitute acceptance of the new terms and conditions.
2. About Us
2.1. We are an advertising medium operated through www.tiktoo.com (Our “Website”) which allows users to advertise watches.
2.2. We do not have possession of or own any of the watches listed through Our Website. The actual sale of any watches is between the buyer and the advertiser.
2.3. We have no control over and do not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content, listings or feedback; the ability of advertisers to sell items; the ability of buyers to pay for items; or that a buyer or advertiser will actually complete a transaction or return an item.
2.4. Items posted on Our Website are invitations to treat and do not constitute advertisers’ offers to sell which are open for acceptance by a buyer. We take no part in the transaction between buyer and advertiser.
3. Using the Services
3.1. When advertising a watch or uploading content you must ensure that your description is accurate and fair and you list it in an appropriate category for the item. We reserve the right to change the listing category if We notice that it would be more appropriately listed in another category.
3.2. You must not advertise any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.
3.3. Your use of the Services is restricted to its purpose. You must not seek to interfere with the operation of the Website, other users’ information or the details of other items advertised. All information which you upload must be relevant to the items you are advertising and must not include any defamatory content.
4. Suspension of your use of the Services
4.1. When you create a user account, We rely on you to be the sole user of that account and to keep Us informed of your contact details and any other relevant details. We reserve the right to suspend any account if We believe that it is not being operated by the person registered to use that account or if the information of the user of the account are materially incorrect, misleading or if the other party to a sale with you is unable to contact you using those details.
4.2. We reserve the right to suspend your account or otherwise restrict your use of the Services if We think that your use of the Services is in conflict with any of the terms or spirit of this User Agreement.
5.1. Our fees are published on Our Fees page. We reserve the right to modify Our fees by posting the new fees on that page at least 30 days in advance of the date when the changes come into effect.
5.2. When you place advertising with Us, you are entering into an automatic renewable 30 days’ contract. You may opt out of the renewal at any time by giving Us at least three days’ notice before the next renewal date. Payment for advertising will be by PayPal or credit or debit card and the first payment will be for the first 30 days of the publication of your advertisement on Our Website.
5.3. We will send you an email seven days before the expiry of your advertisement from Our email address email@example.com You are advised to save that address in your e-mail client address book to prevent messages from Us being directed to your junk folder. Unless you have opted out of automatic renewal the e-mail will remind you of the automatic renewal and the date when payment for the renewal will be taken.
5.4. Advertisements will not appear unless and until We receive the correct fee. Advertisements will be removed if the renewal fee is not received.
6. Listing watches for sale
6.1. To maintain the spirit of the Website, if you sell or otherwise part with possession of a watch advertised on the Website, then you should update your listing to show the Watch as sold.
6.2. When advertising a watch you are responsible for the accuracy, content and legality of that listing. We reserve the right to delete any content which We believe is in violation of any law but the existence of any content does not imply that We believe that it complies with any law.
7. Purchasing Watches
7.1. To purchase a watch advertised on Our Website you must contact the advertiser directly and agree price and terms of sale directly with the advertiser. If you choose to purchase a watch, goods and/or services advertised for sale on the Website, the contract will be between you and the person or entity selling the watch and not with Us.
8. Content of Our Website
8.1. You grant Us the unfettered, non-exclusive right to use any content which you post to Our Website.
8.2. We may take steps to authenticate any information that you publish on Our Website and may require you to participate in an authentication procedure, but We are under no obligation to do so.
8.3. In consideration of Our agreeing to permit you to use the Website to search for watches, you agree that you will only use, reproduce and print materials comprising the results of such searches for your own personal, non-commercial purposes. In particular, you must not use the contact details provided by private advertisers of watches to contact such advertisers other than in connection with a genuine enquiry relating to the purchase by you of the watch in question.
8.4. Our Website contains material submitted and created by private and trade dealers and other third parties. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such material.
9.1. We recommend where practicable that PayPal is used to make and receive payments for watches advertised on Our Website; however We are not a party to any agreement between PayPal and its users, We are not affiliated with PayPal and We cannot control or be held liable for any actions by PayPal.
9.2. PayPal operate a payment guarantee system which can be used to assist to resolve disputes arising from non-delivery of watches and in certain circumstances disputes of other natures. We have no involvement in or ability to influence any decisions made by PayPal in the performance of your agreement with them.
10.1. We endeavour to ensure that Our Services are continuous, safe and reliable but the Services rely on technology and third-party providers which may entail errors or downtime of the Services for which We cannot be held liable for.
10.2. The material displayed on Our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, We hereby expressly exclude: all conditions, warranties and other terms which might otherwise be implied by statute; any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Our Website or in connection with the use, inability to use, or results of the use of Our Website, any websites linked to it and any materials posted on it, including without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
11. Dispute Resolution
11.1. Any dispute arising from the terms of this User Agreement should be raised with Us in the first instance by contacting our Customer Services Department by e-mail to firstname.lastname@example.org We will acknowledge all complaints within 7 days and respond fully within 21 days of receiving notice of the dispute.
11.2. We encourage the use of alternative dispute resolution such as mediation to resolve disputes in the alternative to litigation.
11.3. The terms of this User Agreement shall be interpreted under English law. You agree to submit to the exclusive jurisdiction of the English Courts in the resolution of any disputes between you and Us.
12.1. All personal information collected and used from Our Website will be processed in accordance with the Data Protection Act 1998. You have the right to access all personal information supplied to Us and rectify any inaccuracies on the information held. Further enquiries should be made to Charlotte House, 39 Charlton Avenue, Walton on Thames, Surrey, KT12 5LE. If you wish to access your personal details held by Us, a statutory charge of £10 will be payable.
12.2. In order to place an advertisement on Our Website, you will need to register. We will require you to supply your name, date of birth, e-mail address, telephone number and postal address including your postcode. You will also be required to supply payment details. Credit Card and Debit Card information is collected over a secure connection.
12.3. Your information will only be disclosed to persons who require information for the purposes of completion of a transaction or as required for compliance or law enforcement purposes.
13. General Terms
13.1. If a Court of competent authority deems any of the provisions of this User Agreement invalid or unenforceable, such provision shall be struck out with the minimum of alteration to, and without affecting the validity of the remainder of the User Agreement.
13.2. No agency or partnership is created by the User Agreement and nobody who is not a party to it may enforce any provisions of it.
13.3. We reserve the right to assign Our rights and obligations under this User Agreement without prior reference to you provided that such assignment is on terms no less advantageous to you.
We reserve the right to amend the terms of this User Agreement by posting the new terms on Our Website at least 30 days in advance of the date when the amended terms come into effect. Save for amendments made in this way, no amendments to the terms of the User Agreement shall be binding unless in writing and signed by Our authorised representative.