The Business Users Search Engine
Home | Submit Your Website | My Account | Rotataspace | Help
 Terms and Conditions

These Terms and Conditions apply to your use of our services available under the domain and sub-domains at http://www.rotata.com (the "Site"). If you do not agree to be bound by these Terms and Conditions, you must not use or access our services.

You must read, agree with and accept all of the terms and conditions herein contained, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of the Site.
If you have any questions about these Terms and Conditions please use the ‘Contact Us’ link located within the navigation area of the home page and we will endeavour but not guarantee to reply to your query within 24 hours.
We may amend these terms and Conditions at any time by giving you notice by e-mail in accordance with or by posting the amended Terms and Conditions on the Site. Any amended Terms and Conditions will govern new user registrations from the date that it is posted on the Site. Existing users will be bound by the amended Terms and Conditions after the expiry of 30 days following the date of a Notice.

This User Agreement is effective on 1st February 2008 for new registering users and is otherwise effective on 1st February 2008 for all users registered thereafter.

1. Membership Eligibility.
Our services are not available to, and may not be used by, persons under the age of 18 years. 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 this User Agreement.

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

3. Rotata is Only a Venue.
3.1 Rotata acts as a venue which allows registered users to offer, sell, and buy just about anything which is legal, at any time, from anywhere, in a variety of price formats. We do not review listings provided by users, we never possess the items offered through the Site and we are not involved in transactions between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed; the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on the Site. We are not responsible for ensuring that buyers and sellers actually complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you.
3.2 Restricted Items. You must not list your site or offer for sale on your site any items which are not permitted on the Site. Such as, any products, sites or information which relates to any Racial, Religious or Gender Hatred. We will not accept listings that we consider unsafe, such as any Site Listings, Products or Information that in any way whatsoever relates to any Unlawful Activity, Advancement and Publication of any Information regarding Terrorism or Terrorist Activity, Unlawful Sexual Activity with Children or Minors, Racial, Religious or Gender Bigotry. Although we take precautions to prevent such listings we cannot always be sure that no such listings have been placed on the Site and as such do not assume that items listed will be harmless to people or property.
3.3 Identity verification. We use many techniques to verify the accuracy of the information our users provide to us when they register on the Site. However, because user verification on the Internet is difficult, Rotata cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site. We encourage you to communicate with potential trading partners using the tools available on the Site and satisfy yourself as to their identity and ability to supply the product or information as described in their individual listing/s
3.4 Liability. In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Rotata (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, 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.
3.5 Information Control. We do not control the information provided by other users which is made available through the Site. 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. Please note that there are also risks of dealing with underage persons or people acting under false pretences. By using this Site, you agree to accept such risks and agree that Rotata is not responsible for the acts or omissions of users on the Site.

4. Listing and Selling.
4.1 Listing Description. If you are a seller, you must ensure that you are legally able to sell each item included in a listing on the Site, and that it is lawful to sell such item to residents of your Country or State 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. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of permitted products 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.
4.2 No Cancellation. You acknowledge that we will commence supplying our services to you as soon as you have sent a "Submit Your Site" form to us, and you recognise that you will not have the right to cancel any listing under the Consumer Protection (Distance Selling) Regulations 2000 or any equivalent legislation in your jurisdiction.
4.3 Fraud Without limiting any other remedies, we may suspend or terminate your account if we 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 Site.

5. Fees.
Joining Rotata and browsing the Site is free, although you will remain responsible for the costs of accessing our Site and communicating with our users. We charge fees for listing enhancements through our Site and when you specify said enhancements you have an opportunity to review and accept the fees that you will be charged. We may change this policy at any time, and any change will be effective after the expiry of 14 days following the date of posting on the announcements board on the Site (or such later date as we may notify). However, we may choose to temporarily change our Fees the fees for our services for promotional events and such changes are effective when we announce the temporary promotional event on the Site. For the avoidance of doubt, such promotional events shall not apply to any listings on our Site at the time of the announcement. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service unless otherwise stated.

Unless otherwise stated, all fees are payable in GB Pounds Sterling. Whether you are a business or not, value added tax and other taxes may apply to your transaction. Sellers will be responsible for paying all fees associated with using our service and our Site and all applicable taxes.

6. Your Information.
6.1 Definition "Your Information" is defined as any information you provide to us or other users in relation to the Rotata service including the registration and/or site submission process, your postings on the message boards and any other content that you post within the Site. You are solely responsible for Your Information, and we act as a mere conduit for your online distribution and publication of Your Information.
6.2 Restrictions Your Information and your activities on our Site must not be false, inaccurate or misleading; be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights; infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy; be fraudulent or involve the sale of counterfeit or stolen items; 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; be obscene, indecent or contain child pornography; create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; link directly or indirectly to or include descriptions, goods or services that are prohibited under these Terms and Conditions. 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 expropriate any system, data or personal information; cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.
6.3 Licence To enable Rotata 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. You also waive all moral rights you have in Your Information to the fullest extent permitted by law.
6.4 Access and Interference. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Rotata by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site 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 Site without the prior expressed written permission of Rotata and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. We do not authorise you to extract or re-utilise substantial parts of our Site, or to make systematic and repeated extractions or re-utilisations of insubstantial parts of our Site.

7. Breach.
Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration or any of your listings and refuse to provide our services to you without notice: (a) if you breach these Terms and Conditions 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 believe that your actions may cause us financial loss or legal liability.

8. Transfer of Data
We view protection of ‘users privacy’ as a very important principle. Please note that Your Information will be stored and processed on our computers in the United Kingdom. Your information will be stored in a safe, confidential and secure environment. If you object to your information being transferred or used in this way please do not register.

9. No Warranty.
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 Site may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

10. Limitation of Liability.
Nothing in these Terms and Conditions shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with these Terms and Conditions. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.
We (including our parent, subsidiaries, affiliates, 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.
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 greater of (a) the total fees you have paid to us in relation to the listing or other service offered giving rise to liability, and (b) £100.

11. 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 these Terms and Conditions (including the documents incorporated by reference), or your violation of any law or the rights of a third party.

12. Notices.
Unless otherwise explicitly stated, notices to Rotata must be sent by registered mail to Rotata, 35 Peach Tree Court, Manchester UK M6 5AU and notices to you will be sent to the email address that you provide to Rotata during the registration process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail.

13. Governing Law and Legal Compliance.
This User Agreement shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts.
Please note, that your country (and/or that of any user you deal with) may have laws which apply to your transactions with other users regardless of what you agree with us (now) or with that user (later).
The laws of your country may be different from English law, including laws governing what can be legally offered, sold, exported, bought or imported. There may be additional legal requirements, relating to (for example) the requirement to hold a licence to buy or sell certain items, or to register a transfer in a central registry. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase and solicitation of offers to purchase and sale of items. There is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.

14. Dispute Resolution.
Disputes between you and Rotata regarding our services may be reported to Rotata using the ‘Contact Us’ link located within the navigation area of the home page. We encourage you to report all disputes between users to your local law enforcement body.

15. Third Party Rights.
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 item, paragraph or sub paragraph of these Terms and Conditions 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.

16. General.
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that these Terms and Conditions and all incorporated agreements may be automatically assigned by Rotata, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and Rotata are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms and Conditions. Headings are for reference purposes only and in no way define, limit, construe or describe 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. These Terms and Conditions 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 these Terms and Conditions.
This Agreement will prevail over any conditions of sale imposed and incorporated in these Terms and Conditions by reference. Each of the policies may be amended from time to time and material changes will be posted on the Announcement Board except for the Privacy Policy for which we will provide you with thirty days notice.

 


Register | Home | Submit Your Website | My Account | Rotataspace | Privacy | Terms | Contact | About | Help


© ROTATA.com 2008