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 User Agreement 
 
User Agreement
The text below is our user site agreement. These are the terms and conditions required for access to our site. Please read completely before deciding to agree or disagree with these terms.

By using the site and services of FandCauctions.co.uk, you agree to the following terms and conditions. Please read the Agreement before using the site and/or services. This is a legal Agreement between you (hereafter known as "User") and F&CAuctions. (hereafter known as "F&C"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our Site or services.

You must read, agree with and accept all of the terms and conditions before you may become a member of FandCauctions.co.uk.

1. Membership Eligibility
F&C’s services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended FandCauctions.co.uk members. If you do not qualify, please do not use our Site. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

2. Fees and Services
Joining, viewing, creating auction watches and bidding on items at FandCauctions.co.uk is free. We do charge fees for listing items for sale either on the classified or auction part of the Site. F&C may change its fees or payment policies at any time. Any changes will be posted on the Site and stated during the ad placement process. All fees are quoted in Pounds Sterling. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes. For a complete review of the latest fees and credit policies, click here.

3. The Unique Nature of FandCauctions.co.uk
FandCauctions.co.uk is an online marketplace not a traditional auctioneer. It should not be confused with a typical auction service or auction broker. FandCauctions.co.uk is not involved in the actual transaction between a buyer and a seller. Thus, F&C does not guarantee or have any control over the quality, safety, condition, or legality of items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. F&C is not involved in the legal transfer of ownership of items. Users assume all risks for conducting transactions over this Site and any service offered by F&C.

FandCauctions.co.uk is not a general online marketplace. There are limitations as to what can be sold on the Site. FandCauctions.co.uk is intended to be an online marketplace and trading post for farm and country associated products. F&C can refuse to accept or remove any auction or classified that does not meet the criteria or mission of the Site. Additionally, F&C can refuse service and Site access to any entity for failing to meet our criteria, pay on time or follow stated guidelines.

4. Security & Verification
FandCauctions.co.uk uses industry standard encryption to protect financial information sent through our system. However, FandCauctions.co.uk cannot guarantee the security of or control the use of financial information once it gets into the hands of a third party.

FandCauctions.co.uk does not certify the identity of any user. User verification on the Internet can be very difficult. FandCauctions.co.uk cannot and does not confirm each user's purported identity. One way that the Site does provide a system of checks and balances is its user feedback system. This allows users to post comments on particular buyers and sellers, which can help you evaluate other parties before conducting any transaction. For additional levels of security, you may want to consider using a third party escrow service or services that provide additional user verification/online security.

5. Auction - Bidding and Buying Code of Conduct
As a buyer, you are obligated to complete the transaction with the seller:
* If you buy an item through the Purchase Now function available on both the classified and auction sections of the Site; or
* If you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller, unless transaction is prohibited by law or by this Agreement.

Do not bid on an item unless you are willing to buy it. A bid is a legal contract to purchase an item if you are the winning bidder. By bidding on an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or existing law. Unless you and the seller agree otherwise, you will become the item's lawful owner upon physical receipt of the item from the seller. Bids are not retractable except in exceptional circumstances, such as: when the seller materially changes the item's description after you bid; a clear typographical error is made; you cannot authenticate the seller's identity; the seller makes deceptive claims about the item; or when the seller does not confirm your purchase.

6. Auction - Listing and Selling Code of Conduct
You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Information submitted to the Site must be accurate. You agree to only make claims that you can substantiate by your personal knowledge, is a public claim by the product manufacturer or can be verified by an independent third party. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category.

By placing an item for bid on the auction part of the Site, you agree to sell the item to the highest bidder or the first person to select the Purchase Now option if you receive at least one bid at or above your stated minimum price. Only in rare cases are you allowed to back out of a sale, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.

Sellers may not manipulate the price of any item nor interfere with online transactions conducted through the Site. This includes working behind the scenes to have a third party help you bid up the price of a particular auction.

7. Auction and Classified Sections - General Code of Conduct (Bidders, Buyers and Sellers)
Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene; (g) contain any viruses, worms, spyware or computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for F&C or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

8. Breach
Without limiting other remedies, F&C may limit your activity, immediately remove your bids or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

9. Privacy
F&C respects your concerns about how we may gather and/or use personal information, and want to protect your privacy. When you initially access the Site, and when you access the Site thereafter, we may collect certain data in addition to the data collected during the registration for the marketplace, auction, bulletin boards, buyers' guides and other services. The Privacy Policy will govern how we may collect and use this data. By assenting to this Agreement and using this Site, you evidence your agreement with, and understanding of, the Privacy Policy accessible on our Web site.

10. Limitation of Liability And Warranty
ALL USERS AGREE THAT USE OF THE SITE IS ENTIRELY AT THE USER’S OWN RISK. F&C SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE AND ITS CONTENT AND SERVICES.

SPECIFICALLY, F&C DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

USERS SPECIFICALLY ACKNOWLEDGES THAT F&C IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF F&C CUSTOMERS, USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE USER. NEITHER F&C NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY.

IN NO EVENT SHALL F&C, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OUR SITE OR SERVICE. F&C’s LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO F&C IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

11. Equipment
Users shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this site and all charges related thereto.

12. Links/Third Party Web Sites
This Site may provide links to other World Wide Web sites or resources. Because F&C has no control over such sites and resources, you acknowledge and agree that F&C is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that F&C shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

13. User to User Claims/Dispute Resolution
All claims or disputes against another user should attempt to be worked out between the parties involved before contacting F&C. In the event that the parties cannot come to a resolution, F&C will process all claims and take the appropriate action based on its policies and existing laws. Disputes will be processed in a timely manner. F&C's staff will investigate all complaints and take the appropriate action once we have received the following:
* A description of the dispute including the identity of the parties, the title of the auction or advertisement, information on the previous attempts to find a resolution, and a description of what you would like to see happen;
* Your contact information including address and phone number;
* A statement by you that you have a good faith belief that the other party violated our policies or your rights. Detail the charges and the specific proof and/or documentation that you can provide to back up your allegations;
* A statement by you, made under penalty of perjury, that the information provided in your notice is accurate.

F&C's New Media Coordinator handles any disputes arising from FandCauctions.co.uk. He can be reached by email: [EMail] admin@fandcauctions.co.uk or in writing:
F&C Auctions - Lilac House, Holmes Chapel Rd, Over Peover, Knutsford, Cheshire, WA16 9RB

14. Dispute Resolution Procedure
In the event a dispute arises between you and FandCauctions.co.uk, please contact Site management at the address below. Our staff will work to find an equitable remedy for all parties involved.

F&C's New Media Coordinator handles any disputes arising from FandCauctions.co.uk. He can be reached by email: [EMail] admin@fandcauctions.co.uk or in writing:

F&C Auctions - Lilac House, Holmes Chapel Rd, Over Peover, Knutsford, Cheshire, WA16 9RB

15. Release/Indemnify
Because FandCauctions.co.uk is a marketplace and not involved in any transaction on the Site, you agree to release (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

We do not control the information provided by other users that is made available through our system. 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. By using this Site, you agree to accept such risks and FandCauctions.co.uk is not responsible for the acts or omissions of users on the Site.

16. Choice of Law
This Agreement shall be construed and controlled by the laws of the United Kingdom. Further, any dispute arising from the terms of this agreement or a breach of this Agreement will be governed by the laws of the United Kingdom.

17. Acceptance of Terms
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between F&C representatives and any User. F&C may amend or modify this Agreement or impose new conditions at any time upon notice from F&C to a User as published by a site. Any use of the Content on this site by a User after such notice shall be deemed to constitute acceptance by the User of such amendments, modifications or new conditions.

If any provision is this Agreement is invalid, unenforceable, or nonsensical, the remaining provisions will continue in full force and effect.

18. Amendments
F&C may amend this Agreement at any time by posting the amended terms on the Site (www.FandCauctions.co.uk). Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and F&C.

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Transmitted: 28/08/2008 06:14:04

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