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Terms and Conditions

Welcome to the Terms of Service for www.raring2go.co.uk. The services available at www.raring2go.co.uk and our Partners are provided by Raring2go! (“Raring2go!”, “we”, “us” or “our”), located in the UK.

Our full postal address is:

Mojo Publishing Ltd.
9A Gate Lane,
Boldmere,
Sutton Coldfield,
West Midlands,
B73 5TR

It is important that you read these terms carefully. The Terms of Service describe the terms and conditions applicable to your use of our services available under the domain at http://www.raring2go.co.uk (the “Site”) and our Partners, collectively called the “Sites”. Amongst other things, they exclude or restrict our liability for loss or damage arising from your use of the Sites.

By accessing and using the content of the Sites you agree to be bound by the terms and conditions set out herein and you accept our Privacy Policy. If you do not agree to be bound by the Terms of Service, you should not use the Sites and should leave immediately.

Copyright

All intellectual property of Raring2go! such as trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the Sites remain the property of Raring2go!.

By using the Sites you agree to respect the intellectual property of Raring2go! and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the Sites.

Using the Sites

You agree that you shall not use the Sites for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the Sites in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Sites. You also agree not to compromise the security of the Sites or attempt to gain access to secured areas or sensitive information.

You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Sites without the prior expressed written permission of Raring2go! and the appropriate third party, as applicable; (iii) or interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites. We do not authorise you to extract or re-utilise parts of our Sites, or to make systematic and repeated extractions or re-utilisations of parts of our Sites.

User verification on the Internet is difficult, hence Raring2go! cannot and does not confirm the purported identity of users or the validity of the information which users post to the Sites.

Without limiting any other remedies, we may suspend or terminate your account if we reasonably 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 Sites.

You must choose a password on completion of registration. You are responsible for all actions taken under that password and shall only use or utilise the Sites using your own password. You must use every effort to keep your password safe and should not disclose it and not permit, either directly or indirectly, any other person to utilise your password.

Your Information

The definition of “Your Information” is defined as any information you provide to us or other users in relation to the Raring2go! service including registration, listing promoted items or feedback process (including, without limitation, any description of items or promotions listed) and any other content that you post within the Sites. You are solely responsible for Your Information, and we act as a mere conduit for your online distribution and publication of Your Information.

Your conduct

Your Information and your activities on our Sites must not:

  1. be false, inaccurate or misleading;
  2. be offensive or menacing, abusive, defamatory, offensive, discriminatory, scandalous, or in breach of copyright, confidence, privacy or any other rights or which might cause annoyance or inconvenience;
  3. infringe any third party’s copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy
  4. be fraudulent or involve the sale of counterfeit or stolen items
  5. 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)
  6. be obscene, indecent, pornographic or contain child pornography
  7. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers
  8. link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under the Terms of Service; (bb) or you do not have a right to link to or include
  9. contain any computer viruses, macro viruses, trojan horses, 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
  10. cause the Sites to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Sites is in any way impaired.

Material submitted by you

To enable Raring2go! to use Your Information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in Your Information, in any media now known or not currently known.

Raring2go! reserves the right to reject the posting, modification and/or removal of any content at Raring2go!’s discretion without any advance notice to the individual or business entity submitting and/or viewing the content in question. Publication of any content you submit to us will be at our sole discretion. We reserve the right to make additions or deletions to the text or graphics prior to publication. Raring2go! may not be held accountable for any harm, injury, misrepresentation and/or loss of monies resulting from such actions, whether intentional or unintentional. We do not accept any obligation to protect you from unsafe items listed for sale on our Sites.

Your use of other users’ information

In order to facilitate interaction among all Raring2go! members, our service allows you limited access to other users’ contact information. As a buyer you have access to contact information of the vendor.

By accepting the Terms of Service, you agree that, with respect to other users’ personally identifiable information that you obtain through the Sites or through a Raring2go!-related communication or Raring2go!-facilitated transaction, you may only use such information for:
Raring2go!-related communications that are not unsolicited commercial messages and relate to your genuine participation in a Raring2go!-facilitated transaction, using services offered through Raring2go! and any other purpose 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 areasonable opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this section, can you disclose personally identifiable information about another user to any third party without our written consent and the consent of such other user after adequate disclosure.

Raring2go! and our users do not tolerate spam or unsolicited commercial communications.

Membership eligibility

The Sites is not intended to be a children’s site, therefore, some of the available information may concern certain topics that may not be appropriate for children. 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 the Terms of Service.

Merchant payment

The Sites’ payment terms are clearly stated on invoices issued to merchants. Valid methods of payment include card payment, cheque or bank transfer. Certain services require payment in advance of that service being delivered. Should the amounts owing to the Sites not be paid within the specified time period for the services ordered, the Sites reserves the right to automatically charge the amount owing to the card details held. The card details are stored in a secure and encrypted database.

Promotion and content description

If you are a vendor, you must ensure that you are legally able to sell each item included in a listing on the Sites, 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 being promoted and all terms of sale on the listing page of the Sites. 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.

A vendor posting a promotion that requires presentation of a voucher agrees to honour that voucher when presented in accordance with the vendor’s proposed terms and conditions for the promotion and other applicable trading terms.

Exclusion of Raring2go!’s liability

The information contained in the material on the Sites is only for information purposes and is provided on the understanding that the Sites is not engaged in rendering advice and should not be relied upon when making (or refraining from making) any related decision or taking (or refraining from taking) any action. Raring2go! makes no warranties or representations as to its accuracy or reliability.

Raring2go! does not make any warranty or representation as to the accuracy or fitness for purpose of any material on the Sites. We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. We can not provide any representation or security of any components of the Sites. Our web site and our services are provided “as is” and as and when available, with no warranties expressed or otherwise implied relating to the accuracy, fitness for purpose, compatibility or security of any components of the Sites. Raring2go! makes no warranty that this web site (or web sites which are linked to this web site) is free from computer viruses or any other malicious or impairing computer program.

Raring2go! (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will under no circumstances be liable for indirect, special or consequential damages, however arising, including negligence, or any economic losses (including without limitation, loss of business, revenue, profits, contracts, anticipated savings or data), any loss of goodwill or reputation in relation to the performance of, your use of or inability to use the Sites. Nothing within this agreement will operate to exclude any liability for death or personal injury arising from the negligence of Raring2go!.

We (including our officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.

We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so. All users are advised to check advert details carefully before entering into any agreements of any kind. If in doubt, please seek legal advice.

Our liability to you or any third party, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, in any circumstance is limited to the total fees you have paid to us in relation to the listing or other service offered giving rise to liability.

In the event that you have any right, claim or action against any other user arising from that user’s use of the Sites, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Raring2go! (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims (same for personal injury and death), 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.

Indemnity

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of the Terms of Service (including the documents incorporated by reference), or your violation of any law or the rights of a third party.

You agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from any infringement of the terms and conditions set out in the Terms of Service.

Breach

Without limiting our other remedies, we may limit your activity on the Sites, 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: (a) if you materially breach the Terms of Service or the documents incorporated by reference; (b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or (c) if we reasonably believe that your actions may cause us financial loss or legal liability.

Third party material and advertisements

This Sites contains material (including but not limited to advertisements) submitted and created by third parties. All third party material is published by Raring2go! in good faith. Raring2go! does not accept any responsibility for the accuracy of such material (nor is any warranty expressed or implied by publication) and Raring2go! specifically disclaims and excludes all liability to any person (be they advertiser, reader or user) for any loss or damage of any nature whatsoever or however arising from any error, omission or inaccuracy in such material and Raring2go! takes no responsibility for such material.

In the event that you purchase or obtain any goods or services from a third party then your acquisition of such goods or services will be in accordance with the third party’s terms and conditions and Raring2go! will have no liability to you in respect of the same.

The Sites may contain hyperlinks to web sites operated by other parties. We do not control such web sites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such web sites does not imply any endorsement of views, statements or information contained in such web sites.

All product names mentioned herein are the trademarks of their respective owners. Some documents may contain other proprietary notices and copyright information relating to that document or organisation. You agree that Raring2go! has not conferred by implication, or otherwise, any licence or right under any patent, trademark or copyright (except as expressly provided) of Raring2go! or of any third party.

General

If any provision of the Terms of Service are held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable.

You agree that the Terms of Service and all incorporated agreements may be automatically assigned by Raring2go!, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. 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. The Terms of Service set 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 the Terms of Service.

Raring2go! reserves the right to amend any part of the Terms of Service at any time without notice and your use of the Sites will be deemed as acceptance of this agreement. We advise users to regularly check the Terms of Service. Raring2go! has complete discretion to modify or remove any part of this Sites without warning or liability arising from such action.

Governing law and jurisdiction

This agreement shall be governed by and construed in accordance with English law and any user of the Sites hereby agrees to be bound exclusively by the jurisdiction of the English courts without reference to rules governing choice of laws.

Raring2go! Mojo Publishing Ltd Complaints and client care procedures

We always aim to provide a high quality service. Sometimes we do not always get everything right or sometimes it may not be clear whether the service we have provided is the one that you have paid for.
If you to have an issue or a complaint about the service we have provided, we would like to hear from you. Our aim is always to provide you with not only the service you have paid for but to ensure that your expectations are met. If you have a complaint or issue we would like to investigate and resolve it.

How to get in touch with us if you have a complaint or issue

You can contact us in the following ways:

  • by telephone on 01273 447101 Ask to speak to Freddie St. George, Managing Director
  • by e-mail at info@raring2go.co.uk
  • by letter to Mojo Publishing Ltd. 9A Gate Lane, Boldmere, Sutton Coldfield, West Midlands, B73 5TR
  • using the online contact form at raring2go.co.uk

We may need to speak to you on the telephone, so when you contact us with your complaint or issue please let us know on which days and/or times it is to convenient to telephone you.

What information we need you to provide to help you with your complaint or issue

When you do contact us, it would be helpful if you could provide the following details:

  • The account number and order number we supplied to you
  • What type of services we provided to you (or were due to provide to you)
  • Whether you have paid for the services
  • Specific details of the issues or complaints

You might find it helpful write down the specific details about your complaint or issue, (partly as a means of keeping your own record).

To help us deal with your issue or complaint, we would like to know the following:

  • The date(s) and time(s) when the services were due to be provided and the date(s) and the time(s) when they were in fact provided;
  • What services were provided? What services were not provided? If some of the services have not been performed at all, please let us know what they are.

If some of the services where not performed well or in accordance with what you and us agreed please let us know what the particular problem or issue is. The more detailed/specific you can be, the more helpful it will be to us (and will hopefully resolve your complaint or issue more quickly).

  • How the services did not meet with your expectation(s).
  • Who carried out the services?
  • What remains to be done?

How we will deal with your complaint or issue

At Raring2go! complaints or issues are handled by specific members of our team.

Acknowledgment

After we hear from you, we will confirm receipt of your communication within 7 days of us receiving it.

Internal investigation

We will then carry out an internal investigation. This will normally take a few working days. During this period we may need to contact you to get further details about your complaint or issue.
In some cases we may need to visit the place where the services performed in order to investigate your complaint or issue.

While we investigate, we will contact you by telephone or e-mail. If you are unable to reply within a few days, we may not be able to sort out the complaint or issue.

Our response

We normally expect to provide a substantive response to a complaint or issue within 14 working days.
We may respond in the following way:

  • we may entirely agree with your complaint or issue and:
    • either provide the service again; or
    • if the deficiency in our services has been minor, we may suggest that we will reduce the amount you need to pay us (or offer a refund where you have made payment); or
    • offer a full refund so that you can obtain some or all of the services from another provider; or
  • we may not agree with your complaint (whether in whole or in part), and we will normally provide a written explanation of why we do not agree with your complaint or issue.

If we agree with some of your complaint we may offer one of the suggested solutions in (a) above.

Your options

If you are unhappy with any of our responses, we may then suggest that the dispute between us should be referred an organisation which can arbitrate or mediate the dispute. This is not compulsory but can prove useful. If you do not wish to accept our decision or you do not wish use an arbitration or mediation scheme, you are free to use other remedies available to you under English law, such as using the courts. Sometimes it will not be possible to resolve a dispute to a customer’s satisfaction. If this is the case we will let you know that we have dealt with your complaint or issue as far as we can. We hope that this will not happen but in such a circumstance you will still be able to follow the available remedies under English law, if you so wish. You may wish to consult such organisations as your local Citizens Advice Bureau or Consumer Direct.

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