Website Terms and Conditions
Welcome to our website www.GettaKayak.co.uk (the “Website”). The Website is provided by Getta Limited (“we”, “us” or “our” for short). We are a limited registered in England and Wales under company number 08182698 and our registered office is at Unit 21 Olympus Business Park, Kingsteignton Road, Newton Abbot, Devon, England, TQ12 2SN. “you” and “your” means you as the user of the Website.
We have set out the terms under which we are providing you with access to the Website. These include the terms and conditions that govern:
a) your use of the Website (including your rights to link to the Website) as set out in these terms (the “Terms of Use”);
b) how we will use and protect information about you (see our separate “Privacy Policy”);
c) our use of cookies on the Website (see our separate “Cookies Policy”); and
d) our prohibited activities policy (see our separate “Prohibited Activities Policy”).
Collectively these documents are termed as the “Terms and Conditions”.
By accessing the Website, you agree to these Terms and Conditions.
Section (a) - Terms of Use
1. Introduction
The Website is a marketplace which allows users to post a request relating to product information or pricing for the purchase of an item. It equally enables users to provide product information and pricing for the purchase of a item by our users.
We are not a traditional auctioneer. We do not have possession of anything listed or sold through us, and is not involved in the actual transaction between buyer and seller. Equally, we do not review users’ requests for information or actual pricing or product information. We therefore 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 the 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.
2. Use of the Website
You should read all the Terms and Conditions prior to using the Website. You should also save and/or print out a copy of these Terms and Conditions for future reference.
We may change our Terms and Conditions from time to time. The revised Terms and Conditions will be available via the Website. You will be deemed to have accepted any changes to the Terms and Conditions after you have been notified of the changes on the Website home page and you continue to access or use the Website.
You are not permitted to use, or cause others to use, any automated system or software to extract content or data from the Website for commercial purposes.
If you do not agree to these Terms and Conditions, you should not use the Website.
3. Fees
The fees we charge for the use of this Website are listed on our Buyer fees page and Seller fees page .
4. Listing Conditions
When providing a quote for the purchase of an item or listing an item on the Website, you agree to be responsible for the accuracy, content and legality of the item and undertake to ensure it complies with our Prohibited Activities Policy .
5. Purchase Conditions
When considering a quote or quotes following your request to the Website, you agree to be responsible for reading the full quote provided by all unidentified potential sellers before making a decision whether to proceed to buy or not.
Having considered all quotes provided by unidentified potential sellers in response to your request through the Website, you will inform us if you wish to proceed with one. When you decide you wish to proceed with one quote, we will release the identity of the seller at the same time as requiring you to confirm your introduction to the named seller by acknowledging the terms of the contract note itemising the details of the purchase of the item.
6. Accessing Our Website
Access to the Website is permitted on a temporary basis. We update the Website regularly and so may change the content at any time without notice to you. We reserve the right to withdraw, vary or suspend the service at any time without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary to access the Website. You are also responsible for ensuring that all persons accessing the Website through your internet connection are aware of these Terms and Conditions.
Please note that use of the Website is subject to your computer and/or device complying with our minimum standard technical specification and compatibility requirements. You are advised to check this specification to ensure that your computer and/or portable device is compatible with our products and services and we shall not be liable for any failure arising in the Website which arises from incompatibility (including, without limitation, minimum storage and memory requirements from time to time).
7. Your Account and Password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. You are responsible for any use of the Website using your user identification code or password.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at enquiries@getta.co.uk.
8. Intellectual Property
You may access, view and print out one copy of the Website and all information, images, and other content displayed on the Website ("Materials") strictly in accordance with these Terms and Conditions.
You may only view, print out, use, quote from and cite the Website and the Materials for your own personal, non-commercial use and on the condition that you give appropriate acknowledgement where appropriate to us. All intellectual property rights in and to the Website and the Materials are either owned by or licensed to us and your use of the Website and Materials is subject to the following restrictions.
You must not:
i. remove any copyright or other proprietary notices contained in the Materials;
ii. use any Materials from the Website in any manner that may infringe any copyright, intellectual property right or proprietary right of us or any third parties; or
iii. reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or use or exploit this Website and/or the Materials for any commercial purpose, without our prior written consent.
iv. use the Website or Materials in any way that is in contravention of any applicable law or regulation or in any manner that will violate the privacy, publicity or other personal rights of others or in any defamatory, obscene, threatening, abusive or hateful manner.
9. Trade Marks
We expressly reserve all rights in and to the www.GettaKayak.co.uk domain name and all related domains and sub-domains, the names Getta, our logo, service marks, trading names and/or trade marks. Other trade marks, products and company names mentioned on the Website may be trademarks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors.
10. Reliance on Information Posted
Materials posted on the Website are not intended as advice and should not be relied upon as such. We therefore disclaim all liability and responsibility arising from any reliance placed on such information to the fullest extent permissible by applicable law.
11. Our Liability
To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this Website. In particular we do not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. You must take your own precautions in this respect.
We do not accept liability for any failure to maintain the Website.
We shall not be liable, howsoever caused, under or in connection with these Terms and Conditions, in contract, tort (including negligence) or otherwise for any:
i. loss of profits, sales, business, or revenue;
ii. pricing or other guidance provided by us;
iii. business interruption;
iv. loss of anticipated savings;
v. loss of business opportunity, goodwill or reputation; or
vi. indirect, special, incidental or consequential loss or damage (even if advised of the possibility of such damages).
While we take certain steps to ensure that the Materials do not contain inaccuracies and typographical errors, we cannot guarantee this and we do not warrant the completeness of the Materials.
We shall not be liable for any loss caused as a result of your actions or inactions based on the Materials available on this Website. However, nothing in these Terms and Conditions shall affect your statutory rights, and nothing in these Terms and Conditions shall exclude our liability for:
i. death or personal injury arising through our negligence;
ii. fraudulent misrepresentation; and/or
iii. anything else that cannot be excluded or limited by us under applicable law.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of: (a) the amount of fees, if any, which you paid us in the 12 months prior to the action giving rise to the liability; or (b) £100.
12. Linking to Our Website
You may link to any page of the Website for non-commercial purposes, provided that you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.
You must not link to the Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not remove or obscure by framing or otherwise, advertisements, any copyright notice, or other information published on the Website.
Our Website must not be framed on any other site. We reserve the right to withdraw linking permission at any time and without notice.
13. Your Content
You agree to use the Website in accordance with the following rules. All content submitted by you, including, but not limited to, your name, graphics, logos, marks, text, images, photographs, and all other information and material shall be called "Your Content" for short. You grant us a non-exclusive, royalty-free license to use Your Content in connection with our business.
When providing us with Your 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 Your Content and authorise us to exercise any and all copyright, trademark, publicity, database or other rights you have in or to the content of any media known now or in the future.
You warrant and undertake that Your Content complies with our Prohibited Activities Policy .
You warrant and undertake to us that Your Content shall not:
i. breach any of our policies in force from time to time;
ii. infringe the intellectual property rights or any other rights of a third party;
iii. contain any material which is defamatory of any other person;
iv. contain any material which is obscene, discriminatory or offensive or otherwise be likely to harass, upset, embarrass or alarm any other person;
v. contain any malicious code, such as viruses, or other potentially harmful programs or material; or
vi. breach any applicable law or regulation.
We will not be responsible, or liable to any third party, for the content or accuracy of any of Your Content. You will be liable to us and shall indemnify us for any breach of the above warranties and undertakings.
14. Privacy, Your Personal Data and Cookies
The privacy of your personal data is important to us. We collect information from you at various places on the Website, for example when you submit a ‘Contact Us’ form. Please see our Privacy Policy for details of how we will process your personal data.
For details about how we use cookies, please see our Cookies Policy.
15. Third Party Sites
Our Website and/or the Materials may contain links to third party websites, for example our clients’ websites. Your browsing and interaction on any other website, including websites which have a link to the Website, is subject to that website’s own rules and policies including in relation to privacy. Please read those rules and policies before proceeding.
If you decide to visit any third party site, you do so at your own risk. We are not responsible for the content, accuracy or opinions expressed in such websites. Links do not imply that we are, or the Website is, affiliated to or associated with such sites.
The inclusion of any link on the Website or in our communications with you does not imply endorsement by us of the linked site. If you decide to access linked third party websites, you do so at your own risk.
Please remember that when you use a link to go from the Website to another website, these Terms and Conditions including our Privacy and Cookies Policy do not apply to your use of that website.
16. Information on the Website
If you find any content on the Website to be in any way offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal or deceptive in any way, please notify us by emailing our AUP Compliance Department at aupviolations@getta.co.uk.
On receipt of your complaint we may remove or block access to the content complained of.
17. Disputes
If you have a dispute with one or more users, you release us from any claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
If any dispute arises between us, we strongly encourage you to first contact us directly to seek a resolution at enquiries@getta.co.uk.
18. Legal Compliance and Applicable Law
These Terms and Conditions shall be governed by the laws of England and any matter or dispute arising in connection with them shall be subject to the exclusive jurisdiction of the courts of England and Wales.
You are responsible for compliance with applicable local laws relating to the use of or otherwise connected with the Website. To the extent that the Website, your use of the Website and/or any activity contemplated by it would infringe any law of a jurisdiction other than England, then you are prohibited from accessing or using the Website or attempting to carry on any such offending activity and this provision shall override all other provisions of these Terms and Conditions.
19. Contact Us
If you have any concerns or queries about Material which appears on the Website or if you have questions about your use of this Website or these Terms and Conditions please email us at enquiries@getta.co.uk.
If you have any suggestions for improvements or additions that you would like to see on the Website, please email us enquiries@getta.co.uk. Our postal address for correspondence is [Unit 21 Olympus Business Park, Kingsteignton Road, Newton Abbot, Devon, England, TQ12 2SN].
20. General
If any provision of these Terms and Conditions are 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 amend these Terms and Conditions at any time by posting the amended terms on www.GettaKayak.co.uk. All amended terms shall automatically take effect 7 days after they are initially posted.
No agency, partnership or joint venture relationship is intended or created by these Terms and Conditions. A person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.