This Agreement describes the terms and conditions applicable to your use of our services as available from our web site http://www.bazaarbuilder.com/. If you do not agree to be bound by this Agreement, you may not use or access our services. You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may use any of our services.

We may amend this Agreement at any time by giving you notice by e-mail or by posting the amended Agreement on our web site. Any amended Agreement will govern new user registrations from the date that it is posted on our website. Existing users will be bound by the amended Agreement after the expiry of 30 days following the date of notice. No other amendment to this Agreement will be effective unless made in writing, signed by you and by ourselves.

This Agreement is effective on 20th January 2004 for new registering users.

Our services are not available to persons under the age of 18 years or to temporarily or indefinitely suspended members. If you do not qualify, please do not use our services. If you are registering as a business entity, you must have the authority to bind the entity to this Agreement.

1. USERNAME AND PASSWORD

You select a Username and a password on completion of registration. Hereafter Username is used to describe both Username and password. You are responsible for all actions taken under that Username. It is your responsibility to keep your Username safe and secure. You have no right to disclose or transfer your Username to any other person.

2. BAZAARBUILDER IS A SERVICE PROVIDER ONLY

BazaarBuilder provides services which can be used by web sites to allow sales of goods and services. 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 advertised, the truth or accuracy of the listings, the ability of suppliers to provide items or services or the ability of buyers to buy items. We are not responsible for ensuring that buyers and suppliers actually complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you.

Release.

In the event that you have any right, claim or action against any other user arising from that user's use of our products, you agree to pursue such right, claim or action independently of and without recourse to us, and you release BazaarBuilder (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.

Information Control.

We do not control the information provided by other users which is made available through our system except as part of our quality control process.

3. FEES

Your membership of the BazaarBuilder ecommerce software and any other services provided from our web site is subject to making full payment for the service. We reserve the right to change prices without prior notification and the latest prices listed on our web site shall be the ones applicable to your purchase.

4. YOUR INFORMATION

Definition "Your Information" is defined as any information you provide to us or other users in relation to our service including the registration, or feedback process, and any other content that you post within our website. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

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, trademark, 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 or false advertising), licenses or third party rights; 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 of goods or services that: (i) are prohibited under this Agreement; or (ii) you do not have a right to link to or include; 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; cause our website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of our website is in any way impaired. Our Privacy Policy will govern use of Your Information.

5. ACCESS AND INTERFERENCE

You agree that you will not use or induce the use of any robot, spider, other automatic device, or manual process to monitor or copy our website or the content contained therein without our prior express written permission. You agree that you will not use or induce the use of any device, software or routine to bypass, interfere or attempt to interfere with the proper working of our website. You agree that you will not take any action that imposes or may lead to an unreasonable or disproportionately large load on our infrastructure. You agree that you will not and will not induce others to copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior express written permission.

6. BREACH

Without limiting our other remedies, we may immediately issue a warning, suspend or terminate your user registration and refuse to provide our services to you without notice to you: (a) if you breach this Agreement or the documents incorporated by reference; (b) if we are unable to verify or authenticate any information you provide to us ; or (c) if we believe that your actions may cause legal liability for you, our users or us.

7. PRIVACY

Please note that Your Information will be stored and processed in the United Kingdom. Although the laws on holding personal data may vary from country to country, we conform to guidelines issued from European Directives on Privacy and BazaarBuilder undertakes to hold and transmit your Information in a safe, confidential and secure environment. BazaarBuilder will never sell or rent your personal information to third parties except as described in this Privacy Policy.

If you object to your Information being transferred or used in this way please do not register. Please refer to our Privacy Policy for further information.

8. WARRANTY

We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our website may be interfered with by numerous factors outside of our control.

9. LIMITATION OF LIABILITY

Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our servants, agents or employees. Subject to the foregoing, in so far as is allowed under English law we 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 this Agreement.
We 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 in any circumstance is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) £1.

10. 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 this Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party.

11. NOTICES

Unless otherwise explicitly stated, notices to BazaarBuilder must be sent by registered mail to Global Solutions 3 The Quadrant Coventry CV1 2DY, and notices to you will be sent to the e-mail address that you provide to BazaarBuilder during the registration process (receipt is deemed 24 hours after an e-mail is sent, unless we receive notice that the e-mail address is invalid), or by registered mail. Notices sent by registered mail will be deemed received 3 days following the date of mailing.

12. GOVERNING LAW AND LEGAL COMPLIANCE

This Agreement shall be governed by and construed in accordance with English law and subject to the non-exclusive jurisdiction of the English courts.

13. DISPUTE RESOLUTION

Disputes between you and BazaarBuilder regarding our services may be reported to BazaarBuilder in writing at following address; 3 The Quadrant Coventry. Any controversy or claim arising out of or in connection with this Agreement may at our discretion be settled by binding arbitration by reference to an arbitration tribunal designated by BazaarBuilder. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the U.K., and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

14. THIRD PARTY RIGHTS

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

GENERAL

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by BazaarBuilder, in our sole discretion, to a third party in the event of a merger or acquisition. You and BazaarBuilder are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. 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. This Agreement sets forth the entire understanding and agreement between us with respect to its subject matter.
This Agreement will prevail over any conditions of sale imposed by a seller and our privacy policy, are incorporated in this Agreement by reference. Each of the BazaarBuilder policies may be amended from time to time by posting the changes on the BazaarBuilder website and except for the Privacy Policy for which we will provide you with thirty days notice, changes to the other policies shall be effective immediately.
Sections, 3 (Fees), 4 (Your Information), 5 (Access and Interference), 9 (Limitation of Liability), 10 (Indemnity), 12 (Governing Law), 13 (Dispute Resolution) and 14 (Third Party Rights) shall survive any termination of this Agreement.