Your User Agreement
This User Agreement is effective upon acceptance for those users who accept it through registration of a Seabaymarketplace account, and from 6 September 2018.
This User Agreement, the Seabaymarketplace User Privacy Notice, the Mobile Device Terms and all policies posted on our sites set out the terms on which Seabaymarketplace offers you access to and use of our sites, services, applications and tools (collectively ‘Services’). You can find an overview of our policies here . All policies, the Mobile Device Terms and the User Privacy Notice are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services.
- If you reside in the United Kingdom you are entering into a contract with Seabay Marketplace Limited, 9 Whessoe Road, Stockton on Tees, TS19 8LB.
- If you reside outside the UK but within the European Union, until 30th April 2019 you are entering into a contract with Seabay Marketplace Limited, 9 Whessoe Road, Stockton on Tees, TS19 8LB.
- If you reside within the United States you are entering into a contract with Seabay Marketplace Limited, 9 Whessoe Road, Stockton on Tees, TS19 8LB
- If you reside in Canada you are entering into a contract with Seabay Marketplace Limited, 9 Whessoe Road, Stockton on Tees, TS19 8LB.
- If you reside elsewhere, you are entering into a contract with Seabay Marketplace Limited, 9 Whessoe Road, Stockton on Tees, TS19 8LB.
Seabaymarketplace is a marketplace that allows users to offer, sell and buy just about anything fishing related in both new and used condition.
Seabaymarketplace does not have possession of anything listed or sold through Seabaymarketplace, and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller.
While we may provide pricing, postage, listing and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Seabaymarketplace reviews users’ listings and content. While we may help facilitate the resolution of disputes through various programmes, Seabaymarketplace has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content, listings or feedback; the ability of 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.
Sellers must have a valid payment method on file with Seabaymarketplace at all times. You authorise Seabaymarketplace to automatically charge your chosen payment method in accordance with this User Agreement and the applicable billing agreement(s) you agree to when setting up or changing your payment method, for future charges and fees incurred in relation to the Services provided by Seabaymarketplace. This includes, but is not limited to, amounts owed for, Seabaymarketplace Money Back Guarantee reimbursements and postage labels. Seabaymarketplace will notify you of these charges. If payments or amounts owed to Seabaymarketplace cannot be completed through the payment method on file for any reason, you remain obligated to pay Seabaymarketplace for all unpaid amounts and Seabaymarketplace reserves the right to seek reimbursement through other means plus any additional costs incurred by Seabaymarketplace in seeking reimbursement. You can change your payment method in My Seabaymarketplace at any time.
Under the Seabaymarketplace Money Back Guarantee, if a seller chooses or is required to reimburse the buyer or Seabaymarketplace because a case is resolved in the buyer’s favour, we may:
- remove funds from the seller’s PayPal account to reimburse the buyer for the cost of the item and the original postage cost in accordance with the seller’s authorisation provided to us under this User Agreement; or
- where there are insufficient funds in the seller’s PayPal account, directly refund the buyer for the cost of the item and the original postage cost, and, in this case, the seller must reimburse us in full, and in a timely manner, for an amount equivalent to the sum we paid to the buyer.
Where the seller is found at fault, we will notify the seller and charge the reimbursement amount to the seller’s chosen method of payment, or invoice the seller for the reimbursement amount.
In connection with using or accessing the Services you will not:
- post, list or upload content or items in inappropriate categories or areas on our sites;
- breach or circumvent any laws, third party rights or our systems or policies;
- sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
- use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;
- fail to pay for items purchased by you, unless you have a valid reason as set out in an Seabaymarketplace policy, the seller has materially changed the item’s description after you buy, a clear typographical error is made, or you cannot contact the seller (see our unpaid item policy);
- fail to deliver items sold by you, unless you have a valid reason as set out in an Seabaymarketplace policy, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer;
- manipulate the price of any item or interfere with any other user’s listings;
- post false, inaccurate, misleading, defamatory, or libellous content;
- take any action that may undermine the Feedback or ratings systems (please see our rules about Feedback);
- transfer your Seabaymarketplace account (including Feedback) and user ID to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- use the contact information of other users for any purpose other than in relation to a specific Seabaymarketplace transaction (which includes using this information to send marketing materials directly to Seabaymarketplace users unless the user has given explicit consent to receiving these materials);
- distribute viruses or any other technologies that may harm Seabaymarketplace, or the interests or property of Seabaymarketplace users;
- use any robot, spider, scraper or other automated means to access our Services for any purpose.
- bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- export or re-export any Seabaymarketplace application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to Seabaymarketplace. Some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Seabaymarketplace or someone else;
- infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
- commercialise any Seabaymarketplace application or any information or software associated with such application;
- harvest or otherwise collect information about users, such as email addresses, without their consent; or
- circumvent any technical measures we use to provide the Services.
If you are registering with Seabaymarketplace as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on Seabaymarketplace, you must comply with all applicable laws relating to online trading for the site you are selling on (please see Listing Conditions for more information on the legal requirements for selling in the UK).
You agree that we will commence supplying our services to you as soon as you accept this User Agreement. You can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
If (1) we believe you are violating the policy on Offers to buy or sell outside of Seabaymarketplace, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees for the introduction of seller to buyer, and recovery of expenses for policy monitoring and enforcement; and (2) you are a seller and you offer or reference your contact information or ask for the buyer’s contact information in the context of buying or selling outside of Seabaymarketplace, you will be liable for all final value fees in consideration for the introduction to a buyer for that item on the Seabaymarketplace site, even if the item does not sell.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.
Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, remove or demote or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:
- we think that you are creating problems or possible legal liabilities;
- we think that such restrictions will improve the security of the Seabaymarketplace community or reduce our or another Seabaymarketplace user’s exposure to financial liabilities;
- we think that you are infringing the rights of third parties;
- we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
- despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
When a buyer or seller issue arises we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both buyers and sellers.
When listing an item, you agree to comply with the rules for listing and selling practices policy and that:
- you are responsible for the accuracy, content and legality of the item listed and agree to list in accordance with the prohibited and restricted Items policy;
- your listing may not be immediately searchable by keyword or category for up to 24 hours. Seabaymarketplace does not guarantee exact listing durations;
- content that violates any of Seabaymarketplace’s policies may be modified, obfuscated or deleted at Seabaymarketplace’s discretion;
- we may revise data in the Seabaymarketplace product catalogue to supplement, remove, or correct information you have provided and, if your listing uses catalogue data that has been revised, those revisions may modify your listing accordingly;
- where your listing appears in search and browse results may be based on certain factors such as listing format, title, end time, keywords, price and postage cost, Feedback, Seabaymarketplace policy compliance and detailed seller ratings. Learn more about finding an item you listed for sale;
- Seabaymarketplace’s duplicate listing policy may also affect whether your listing appears in search results;
- Meta-tags and URL links that are included in a listing will be removed or altered so as to not affect third party search engine results;
- We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your listings to other sellers;
- some optional upgrade features will only be visible on certain Seabaymarketplace Services.
Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
When buying an item, you agree to comply with the rules for buyers and that:
- you are responsible for reading the full item listing before making a commitment to buy;
- you enter into a legally binding contract to purchase an item when you commit to buy an item;
- if you purchase an item on an Seabaymarketplace site other than Seabaymarketplace.com you are subject to the User Agreement of that other Seabaymarketplace site solely with respect to that particular purchase.
International buying, selling and translation
Sellers and buyers are responsible for complying with all laws and regulations applicable to international sales, purchases, and postage of items.
You may stop your listings from appearing on international sites by excluding international postage locations from your listings. By selecting international postage you authorise Seabaymarketplace, in its discretion, to display your listings on Seabaymarketplace sites other than the original listing site but acknowledge that your listings may not appear on some or all of these sites. When you sell your items internationally, you agree to be subject to that other site’s policies, and you agree to be subject to and accept Seabaymarketplace’s International Selling Agreement.
You authorise us to use automated tools to translate your Seabaymarketplace content and member to member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy or availability of any translation is not guaranteed.
When providing us with content (including causing content to be posted using our Services), 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 the content (including without limitation, creating and using derivative works) and you authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees.
We may offer, license or otherwise make available for your use catalogues of stock images, descriptions, product specifications, and other content, which may be provided by third-parties (including Seabaymarketplace users). You may use such catalogue content solely in connection with your Seabaymarketplace listings during the time your listings are on Seabaymarketplace’s sites. That permission is subject to modification or revocation at any time at Seabaymarketplace’s sole discretion.
While we try to offer reliable data, we cannot promise that catalogue content will always be accurate and up-to-date, and you agree that you will not hold us or our catalogue providers responsible for inaccuracies. If you choose to include catalogue content in your listings, you continue to be responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with this User Agreement and all Seabaymarketplace policies. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).
To protect against the risk of liability, Seabaymarketplace has at times recommended, and may continue to recommend, that PayPal restrict access to funds in a seller’s PayPal account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value or the filing of a case. This may result in PayPal determining to restrict funds in your PayPal account.
Sellers can create rules to automate returns and refunds under certain circumstances. For all new sellers, Seabaymarketplace may set a default rule that automates the return process for some or all listings where returns are accepted. Sellers may remove or customise their returns preferences in their account settings within My Seabaymarketplace. Where returns have been set to automatically accept requests, an Seabaymarketplace-generated return postage label will be provided to your buyer. You agree to comply with our returns policies.
When an item is returned, to refund the buyer, you authorise Seabaymarketplace to request PayPal to reverse the refund amount (in the same or other currency) from your PayPal account, and place the amount on your seller invoice as a fee (which may be charged to your automatic payment method on file). If the buyer returns an item because it does not match the listing description, sellers will usually be responsible for return postage costs.
You authorise Seabaymarketplace to include return postage charges and auto-refunds on your seller invoice as a fee, which may be charged to your automatic payment method on file, when:
- An Seabaymarketplace generated return postage label is used, and the seller is responsible for its cost;
- Returns and refunds have been automated and/or
- You fail to send your buyer a return shipping label and instead an Seabaymarketplace generated label is used.
When a transaction is cancelled, and you choose to refund the buyer via Seabaymarketplace, you authorise Seabaymarketplace to request PayPal to reverse the refund amount (in same or other currency) from the seller’s PayPal account, to the buyer. See our Cancellation Policy for more details.
Seabaymarketplace Money Back Guarantee
Most Seabaymarketplace sales go smoothly, but if there’s a problem with a purchase, the Seabaymarketplace Money Back Guarantee helps buyers and sellers communicate and resolve issues. The Seabaymarketplace Money Back Guarantee policy is part of this User Agreement and incorporated by reference. You agree to comply with the policy and permit us to make a final decision on any case.
Sellers must have a payment method on file with Seabaymarketplace. Sellers may change this payment method by contacting Seabaymarketplace. If we resolve a case in the buyer’s favour, or if a seller chooses to reimburse a buyer, Seabaymarketplace may notify PayPal of the relevant case and remove funds from the seller’s PayPal account to reimburse the buyer for the full cost of the item, and postage. Where there are insufficient funds in the seller’s PayPal account, we will directly refund the buyer and charge the seller’s designated payment method or put the amount on the seller’s invoice.
For this purpose, you, in the capacity of a seller:
- authorise and instruct us to request PayPal to collect or reverse variable amounts from your PayPal account to carry out a buyer reimbursement;
- authorise and instruct us to request PayPal to collect or reverse variable amounts in other currency holdings (representing payments related to eligible claims) from your PayPal account to carry out a buyer reimbursement where you do not have sufficient funds available in the transaction currency;
- authorise and instruct us to request PayPal to restrict your access to funds (the restriction will apply up to a sum equivalent to the cost of the item and original postage costs paid by the buyer) in your PayPal account at any point during the resolution process. (This may result in PayPal determining to restrict funds in your PayPal account in order to manage PayPal’s risk exposure pursuant to PayPal policies. See Restricting funds.);
- authorise and instruct us to charge the payment method you select to recover the amount we pay to the buyer (in cases where we refund the buyer directly); and
- authorise and instruct us to place the reimbursement amount on the seller invoice, including but not limited to the cost of return postage labels.
You acknowledge and agree that your authorisations above will be made on a recurring basis and on various dates as required by us to implement the terms of the Seabaymarketplace Money Back Guarantee policy. For future claims, where we resolve a dispute in the buyer’s favour, we will notify the seller and continue to charge the seller’s preferred method of payment. If sellers do not provide Seabaymarketplace with a valid reimbursement method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies. We may suspend the Seabaymarketplace Money Back Guarantee policy without notice if we suspect abuse or interference with the proper working of the policy.
Correcting mistakes in payments to buyers and sellers
We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the Seabaymarketplace Money Back Guarantee refund or reimbursement.
Global Shipping Programme
One of the ways that we may make Seabaymarketplace.com listings available to international buyers on Seabaymarketplace.com and on our international sites is through the Global Shipping Programme. For items that are located in the UK and that are purchased from you by an international buyer in a country eligible for the Global Shipping Programme, you will post the item to a shipping centre located in the UK. A third party global technology and shipping provider will oversee the processing, customs clearance, and international postage of the item to your buyer. For items that are purchased by international buyers through the Global Shipping Programme, buyers will pre-pay any applicable postage and import charges during checkout and will benefit from international tracking of the item from the shipping centre to delivery.
We may choose to make your listings available to international buyers through the Global Shipping Programme unless you opt out of the programme at either an account, country or listing level.
By not opting out of the programme, you will also be acknowledging that you have read and agreed to the Global Shipping Programme Seller Terms and Conditions and that they will apply to you as a seller and to all of your eligible new and existing listings. These terms include, among other important provisions:
- a third party agreement for the parcel processing, customs clearance (for non-EU shipments), and international shipping and tracking services, including your consent to the disclosure of certain personal information to third parties in connection with those services;
- an authorisation for third parties to act in your place to facilitate the export clearance of items that you sell through the Global Shipping Programme outside the EU;
- an acknowledgment that you agree and are responsible for ensuring that your listings and items are compliant with applicable overseas laws and regulations;
- a description of the items that are ineligible for the programme and restrictions on the value, weights, and dimensions of items that may be sold through the programme;
- a list of countries that are eligible for the programme; and
- policies governing the handling of lost, damaged, and undeliverable items (including their possible disposal), returns, and the resolution of Seabaymarketplace Money Back Guarantee claims for items that you sell through the programme.
We may add certain delivery options to your listings, in order to help improve buyer experience. For items that are eligible, we may choose to make Seabaymarketplace Click & Collect available as a delivery option on your listings on Seabaymarketplace.com unless you opt out at either an account or listing level.
By not opting out, you acknowledge that you have read and agree to the Terms and conditions for Click & Collect and that these terms will apply to the relevant listings. Those terms include, among other important provisions:
- a description of the items that are ineligible and restrictions on the value, weights and dimensions of items that may qualify for Seabaymarketplace Click & Collect as a delivery option; and
- consequences of an item being undeliverable or unidentifiable, including an authorisation from you to dispose of, sell or donate the item to charity.
We try to keep Seabaymarketplace and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in Seabaymarketplace’s Services may not occur in real time. Such functionality is subject to delays beyond Seabaymarketplace’s control.
We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
- your use of or your inability to use our Services;
- pricing, postage or other guidance provided by Seabaymarketplace;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing, or linking to, our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;
- damage to your hardware device from the use of any Seabaymarketplace Service;
- the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
- a suspension or other action taken with respect to your account or breach of the Abusing Seabaymarketplace section;
- the duration or manner in which your listings appear in search results as set out in the Listing conditions section; or
- your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. Seabaymarketplace cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users’ purported identities or the validity of the information which they provide to us or post on our sites.
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) any amounts due under Seabaymarketplace Money Back Guarantee up to the price the item sold for on Seabaymarketplace and its original postage costs, or (b) £100.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of Seabaymarketplace’s Services or your breach of any law or the rights of a third party.
If a dispute arises between you and Seabaymarketplace, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales. You and Seabaymarketplace both agree to submit to the non-exclusive jurisdiction of the English Courts.
In simple terms, “non-exclusive jurisdiction of the English courts” means that if you were able to bring a claim arising from or in connection with this User Agreement against us in Court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.
If any provision of this User Agreement is 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.
You agree that we may at any time and without notice set-off any of the amounts held in Seabaymarketplace user accounts held or controlled by you with any fees, charges or other amounts you owe us and (unless prevented by insolvency law) any such amounts you owe Seabaymarketplace (including, without limitation, in respect of any services provided by any member of Seabaymarketplace Ltd). Our right to set-off means that we may deduct such fees, charges or other amounts mentioned in this paragraph from an Seabaymarketplace credit balance held or controlled by you.
We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
Headings are for reference purposes only and do not limit 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. We do not guarantee we will take action against all breaches of this User Agreement.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
We may amend this User Agreement at any time by email, or via the Messages section of My Seabaymarketplace or by posting the amended terms on www.Seabaymarketplace.com. All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.
This User Agreement may not be otherwise amended except through mutual agreement by you and an Seabaymarketplace representative authorised to do so.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Seabaymarketplace site.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement 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.
The User Agreement, the Seabaymarketplace User Privacy Notice and all policies posted on our site are the entire agreement between you and Seabaymarketplace and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: Fees(with respect to fees owed for our services), Content, Liability, Compensation, Legal disputes and the release contained in this General section. Legal notices shall be served by registered mail to Seabaymarketplace Limited, 9Whessoe Road, Stockton on Tees United Kingdom TS198LB. We shall send notices to you by email to the email address you provide to Seabaymarketplace during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.