Terms & Conditions
Please read the following terms and conditions very carefully as your use of
our services is subject to your acceptance of and compliance with the terms and
conditions (thereafter the "Terms") as well as the User Rules. By accepting these terms and conditions, the user declares that they
are legally capable of entering into binding contracts. During the registration process, the user must choose
a username. The username must not be offensive, be selected to deceive or
mis-inform other users, may not offend common decency or infringe upon the
rights of third parties. If Cheekyoffer Ltd receives information of a username
which is illegal or in breach of these Terms, the username in question can be
amended by Cheekyoffer Ltd without warning. The corresponding user password is
to be kept secret by the user. The user account may be used only by the user
and not by anyone else. Any abuse of the user account, be it to the detriment
of third parties or to the detriment of Cheekyoffer Ltd, shall result in the
refraction or banning of the user. In general, the user shall be liable for all
activities that are undertaken using the user account together with the
associated password. Cheekyoffer Ltd reserves the right to temporarily or
permanently ban a user, or disable their account at any time. Users will be
banned when in the reasonable opinion of Cheekyoffer Ltd, a member has violated
any laws or the rights of third parties. A user will be disqualified if such
action will protect the rights of other users, or to prevent unauthorized
manipulation or use of www.cheekyoffer.com. You agree not to make any unauthorised
commercial use of the service without express written consent of Cheekyoffer
Ltd.
Cheekyoffer Ltd makes no warranty that the service will meet your requirements,
or that the service will be uninterrupted, timely, secure, or entirely error
free. We do not make any warranty as to the results that may be obtained from
the use of the service or as to the accuracy or reliability of any information
provided by sellers or buyers and obtained through the service. There is
no agency, partnership, joint venture, employee-employer or franchisor-franchisee
relationship between Cheekyoffer Ltd and any User of the service.
We may revise these terms and conditions from
time-to-time. Revised terms and conditions will apply to the use of our
website from the date of the publication of the revised terms and conditions on
our website. Please check this page regularly to ensure you are familiar
with the current version.
1. General Legal & Disputes
1.1 You are solely responsible for the contents of your actions
through www.cheekyoffer.com. You must ensure that your participation in
the selling or buying of items does not violate any applicable laws or
regulations. You must check that you entitled to sell or buy the relevant
item and that you are not prohibited from doing so by any law or
regulation. We have no control over the legality, safety or quality of
the items advertised, the truth or accuracy of the listings, however we will
strive to ensure that www.cheekyoffer.com is a safe and enjoyable environment,
and we endeavour to make sure that no illegal activity takes place on our
website.
1.2 By subscribing to or using any of our services you agree that you
have read, understood and are bound by the terms and conditions set out herein,
including but not limited to any additional or amended terms or condition as
applicable from time to time, regardless of how you subscribed to or use the
services. We will not be liable to you or any third party for any indirect or
consequential loss or damage, or for any loss of data, profit, revenue or
business, howsoever caused (whether arising out of any negligence or breach of
this Agreement or otherwise), even if that loss or damage was foreseeable by,
or the possibility of it was brought to the attention of, Cheekyoffer Ltd. When you give us content, you grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sub licensable (through multiple tiers) right to
exercise the copyright, publicity, trade marks, database rights and
intellectual property rights you have in the content, in any media known now or
in the future. In addition, you waive all moral rights you have in the content
to the fullest extent permitted by law.
1.3 We reserve the right to provide counterparties with information
pertaining to a complaint or statement, written or oral, made against them by
you or a third party acting with or without your consent. Because we do not and
cannot be involved in user-to-user dealings, in the event that you have a
dispute with one or more users, you release Cheekyoffer Ltd (and our agents 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. You
must reimburse us for any loss, cost or expense which we suffer if someone else
makes a claim against us as consequence of the use of the service by you or by
someone else from your computer.
1.4 Cheekyoffer Ltd shall not be responsible for any items sold by
using any selling format used within the Cheekyoffer.com website, for any damage to items during transit or during the inspection
period, nor for misrepresentations and/or breaches of contract by either buyer
and/or seller. Cheekyoffer Ltd shall not be responsible for the cost of
procurement of substitute goods or any losses resulting from any goods
purchased or obtained. Cheekyoffer Ltd assumes no liability for the content of
the listings. The seller shall reimburse Cheekyoffer Ltd for all losses
Cheekyoffer Ltd may suffer as a result of the listing, unless that loss is due
to Cheekyoffer Ltd's act or omission.
1.5 We reserve the right to modify or discontinue the service if there
is a change in the law or our operational requirements. We will not be liable
to you for any loss you may suffer if we have to modify or cease the service
for reasons beyond our control if we give you at least 30 days notice. In
certain exceptional circumstances beyond our control we may have to change or
discontinue the service without giving you this amount of notice. If this is
the case we will give you as much notice as we can.
2 Buying and Selling
2.1 The right to sell items through our service is also subject to the
www.cheekyoffer.com Listing Guidelines. These are available to view in the policies section at
the bottom of the page. If a user is seen to have broken these rules their
account will be held and all listings removed from www.cheekyoffer.com without
notice. It is at the discretion of Cheekyoffer Ltd if the account will be
re-opened or not. To find out about consequences of breaking the rules, please
click here and find
‘Breaching your Binding Contract'.
2.2 As a seller you must ensure that your listing is as truthful as
possible, and the quality of your product is as described. As a buyer,
you are to make sure you understand every detail of the transaction and item
before purchasing, once you have committed to the sale, only in very
exceptional circumstances or mutual buyer seller agreement can you retract your
offer or purchase.
2.3 www.cheekyoffer.com's restrictions are often country based,
including those dealing with copyright or trademark, and items infringing on
copyright law will be taken off immediately. Many of our restrictions
however are based on items which cause controversy and draw cause for concern;
such items may contain explicit material which we do not allow to be sold.
Before you list your item, it is a good idea to read www.cheekyoffer.com's Prohibited and
Restricted items policy. CheekyOffer Ltd has drawn up a set of standards
and guidelines for listings and other content on our website. These include
rules restricting the use of profanity and foul language, JavaScript, and
links. CheekyOffer Ltd's listing policies also inform you of how it is
appropriate and inappropriate to list an item, selling an item that is
significantly different to what was described is not allowed, and will result
in the appropriate actions taking place. We expect all CheekyOffer
sellers to uphold their end of the deal, and be professional about their
service.
2.4 CheekyOffer Credits aka CheekyCredits can be used five times per
item every 24 hours, if you would like to purchase more CheekyCredits to use on
an item, you can go to the CheekyCredit
Package Page. We would like to advise all users to monitor their
buying practices. Buying CheekyCredits online at www.cheekyoffer.com frequently or repeatedly can incur high costs. Users should therefore pay
attention to their practices and check their charges regularly.
Security
All personal and credit card
information is encoded using Secure Sockets Layer (SSL) technology before being
sent over the Internet. To protect your data further, your credit card
information is always stored in encrypted form in a database that is away from
our Web site database, so it isn't connected to the Internet. Credit card
transactions are issued a digital certificate, ensuring that your data can only
be read by our transaction system as long as your browser shows its secure mode
symbol (such as a key or closed lock).
To make the most of the security
on our site, we recommend using either Netscape Navigator ® or Microsoft ®
Internet ExplorerTM version 4.0 or higher, both of which enable SSL. We also
recommend setting your browser's preferences to accept cookies and enable
JavaScriptTM.
External Links
Our website may contain links to other websites operated by third parties, and
these sites may likewise contain links to other websites. Despite conducting
careful checks, we assume no liability for the content of external links. The
operators of the sites linked to and from this site are solely responsible for
their contents. We hereby expressly distance ourselves from all content of any
and all websites linked to the Cheekyoffer website. We cannot take any
responsibility for the content of the data protection and privacy guidelines of
third-party websites.
Trademarks
The Cheekyoffer name and Cheekyoffer logos are trademarks of CheekyOffer Ltd.
and any of its subsidiaries. All rights reserved. All other trademarks
appearing on Cheekyoffer Ltd are the property of their respective owners.
Laws
These Terms of Service shall be governed by and constructed in accordance with
the laws of England
and Wales and
any disputes will be decided only by the Courts of England and Wales. If you do not want to be bound by the Terms, you must not
subscribe to or use our services.
Disclaimer
User expressly agrees that use of CheekyOffer is at user's sole risk. Neither CheekyOffer,
its affiliates nor any of their respective employees, agents, third party
content providers or licensors warrant that CheekyOffer will be uninterrupted
or error free; nor do they make any warranty as to the results that may be
obtained from use of CheekyOffer, or as to the accuracy, reliability or content
of any information, service, or merchandise provided through CheekyOffer.
Cheekyoffer is provided on an "as is" basis; to the maximum extent
permitted by law, CheekyOffer Ltd disclaims all representations and warranties,
express or implied, with respect to any information, services, products and
materials, including, but not limited to, warranties of merchantability or
fitness for a particular purpose, title, non-infringement, freedom from
computer virus and implied warranties arising from course of dealing or course
of performance. In addition, CheekyOffer Ltd does not represent or warrant that
the information accessible via the site is accurate, complete or current. We
are not responsible for typographical errors.
This disclaimer of liability applies to any damages or injury caused by any
failure of performance, error, omission, interruption, deletion, defect, delay
in operation or transmission, computer virus, communication line failure, theft
or destruction or unauthorized access to, alteration of, or use of record,
whether for breach of contract, tortuous behavior, negligence, or under any
other cause of action. User specifically acknowledges that CheekyOffer Ltd is
not liable for the defamatory, offensive or illegal conduct of other users or
third-parties and that the risk of injury from the foregoing rests entirely
with user.
In no event will CheekyOffer Ltd, or any person or entity involved in use of a
CheekyOffer Ltd , be liable for any damages, including, without limitation,
direct, indirect, incidental, special, consequential or punitive damages
arising out of the use of or inability to use www.cheekyoffer.com. User hereby
acknowledges that the provisions of this section shall apply to all content on www.cheekyoffer.com.
In addition to the terms set forth above neither, CheekyOffer Ltd, nor its
affiliates, information providers or content partners shall be liable
regardless of the cause or duration, for any errors, inaccuracies, omissions,
or other defects in, or untimeliness or unauthenticity of, the information
contained on www.cheekyoffer.com, or for any delay or interruption in the
transmission thereof to the user, or for any claims or losses arising there
from or occasioned thereby. None of the foregoing parties shall be liable for
any third-party claims or losses of any nature, including, but not limited to,
lost profits, punitive or consequential damages. Neither, CheekyOffer Ltd, nor
its affiliates, information providers or content partners warrant or guarantee
the timeliness, sequence, accuracy or completeness of this information.
Additionally, there are no warranties as to the results obtained from the use
of the information.
