Document version: 1.3

This document was last updated on: 2010-12-01

The following outlines Ethical Communities terms and conditions for both regular users and sellers:

ETHICAL COMMUNITY: TERMS OF WEBSITE USE

This page (together with the documents referred to on it) tells you the terms upon which you may make use of our website www.ethicalcommunity.com (“Our Site”). Please read these terms of use carefully before you start to use Our Site. By using Our Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using Our Site.

Information about us

www.ethicalcommunity.com is a site operated by Etiska Limited (“We” or “Us”) and is trading as "EthicalCommunity.com".  We are registered in England and Wales under company number 6829511 and have our registered office at Suite 107, Crown House, 94 Armley Road, Leeds, LS12 2E which is also our main trading address.

Accessing our site

Access to Our Site is permitted on a temporary basis, and We reserve the right to withdraw or amend the service We provide on Our Site without notice (see below). We will not be liable if for any reason Our Site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of Our Site, or our entire site, to registered members of Our Site (“Members”).

You are responsible for making all arrangements necessary for you to have access to Our Site.  You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these terms, and that they comply with them.

Using our site

You may use Our Site to purchase goods/services (“Products”) from ethical suppliers. All the suppliers on Our Site are registered Members. Our Site is therefore a social network in which buyers and sellers (Members) can meet.

Purchasing a Product that is offered for sale on Our Site will create a binding contract between you and the relevant Member. We will not be a party to any contract that comes into existence between you and any Member of Our Site.  We will not be liable for any loss or damage suffered by you as a result of or arising out of a contract between you and any Member or any other person, firm or company you may come into contact with through Our Site. You will indemnify Us against all costs, claims, damages and losses that may arise out of your dealings with Members or any other person, firm or company you may come into contact with through Our Site.

We provide no warranty that Products purchased from Members will be of satisfactory quality.  However, all sellers of Products are required to give certain warranties about the quality of the goods/services they provide, by law.  You can obtain full details of these statutory rights from your solicitor or local Citizens Advice Bureau. Your statutory rights are not affected by these terms and conditions.

We will not adjudicate over any complaint you may have in relation to Products purchased from any Member. You should direct any complaints that you have about Products you have purchased to the Member in question, or a relevant trade body.

We provide no warranty nor will adjudicate over any complaint surrounding products that are lost in the post or do not arrive due to any other similar shipping issues. You should direct any complaints that you have about Product shipping to the Member in question or a relevant trade body. We provide no guarantees that Products you purchase will be shipped to you via an insured, recorded delivery (or those that require a signature) and any questions surrounding this should be directed at the Member you are purchasing the item from prior to purchasing it.

If purchasing items with legal age restriction, such as alcohol, by accepting these terms and conditions you are agreeing and confirming that you are of the suitable age to purchase such products and that you are responsible for understanding where age limits apply within your own country and legal jurisdiction. We will not be liable for any loss or damaged suffered to you as a result of the misuse of such age restrictions.

Our Site uses external third party payment processing companies, such as PayPal ("Payment Processors") to process payments from Products sold. Members who use these external third party payment processing companies may be subject to terms and conditions set by the Payment Processors. You are responsible for making yourself aware of any terms and conditions that apply to you through use of such Payment Processors, and recognise that We have no control over nor accept any liability to any damage caused by such terms and conditions. You accept that the method in which payments between Members are exchanged on Our Site, (including but not limited to which Payment Processors are used) may change without any prior notice.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in Our Site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved. You will not infringe any of our intellectual property rights. Your right to use our intellectual property rights are strictly as set out in these terms.

Reliance on information posted

Some of the information posted on Our Site is provided by the Members themselves. You will also find other messages, information and materials, including without limitation audio and visual materials, on Our Site (“Material”) which is posted by other users. We disclaim all liability and responsibility arising from any reliance placed on such Material by you, or by anyone who may be informed of any of its contents.

Our site changes regularly

We aim to update Our Site regularly, and may change the content at any time. If the need arises, We may suspend access to Our Site, or close it indefinitely. Any of the Material on Our Site may be out of date at any given time, and We are under no obligation to update such Material.

Our liability

The Material displayed on Our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, We hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Our Site or in connection with the use, inability to use, or results of the use of Our Site, any websites linked to it and any Materials posted on it, including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information about you and your visits to our site

We process information about you in accordance with our privacy policy which is accessible via the home page of Our Site.  By using Our Site, you consent to such processing and you warrant that all data provided by you is accurate.

Uploading material to our site

Whenever you make use of a feature that allows you to upload Material to Our Site, or to make contact with other users of Our Site, you must comply with the standards set out herein.  You warrant that any such Material uploaded to Our Site by you will comply with these standards. You will indemnify Us for all losses arising from your breach of this warranty.

You warrant further that Material you upload to Our Site:

1. will not contain any obscene, defamatory, abusive, threatening, or harassing material, or any pornographic, seditious, or blasphemous material or any material liable to incite racial or religious hatred;
2. will not breach any legislation or applicable law; and
3. will not infringe any third party intellectual property rights.
4. I will read and abide by the rules set out in our forums (which can be found at http://www.ethicalcommunity.com/forum/forum-rules) when posting any content in Our Site's forums.

You acknowledge that all risks arising from any Material you post on Our Site rests entirely with you, including without limitation the risk of legal action against you if such Material constitutes an infringement of any third party rights, or is otherwise unlawful.

Any Material you upload to Our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any Material posted or uploaded by you to Our Site constitutes a violation of their rights.

We will not be responsible, or liable to any third party, for the content or accuracy of any Materials posted by you or any other user of Our Site.

We have the right to remove any Material posted on Our Site if, in our opinion, such Material does not comply with the content standards set out herein.

Viruses, hacking and other offences

You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Site or to your downloading of any material posted on it, or on any website linked to it.

Links from our site

Where Our Site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to Our Site. These terms of use are governed by English law.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on Our Site.

Your concerns

If you have any concerns about Material which appears on Our Site, please contact us at our contact page.

Thank you for visiting Our Site.

ETHICAL COMMUNITY : SELLER TERMS AND CONDITIONS.

Please read these terms and conditions carefully before applying to become a Seller. You should understand that by becoming a Seller, you agree to be bound by these terms and conditions. You cannot sell products on Our Site until you become a Seller. If you do not agree to these terms and conditions, you cannot become a seller on Our Site.

You should print a copy of these terms and conditions for future reference.

1. Information about us

www.ethicalcommunity.com is a site operated by Etiska Limited ("We" or "Us"). We are registered in England and Wales under company number 6829511 and have our registered and trading address at Suite 107, Crown House, 94 Armley Road, Leeds, LS12 2EJ.

2. Your status

By applying to become a Seller of Our Site, you warrant that:

(a) You are legally capable of entering into binding contracts;

(b) (If you are an individual/sole trader) You are at least 18 years old;

(c) You have an existing business trading in ethical goods (as defined in our Member application form); and

(d) All the information in your Member application form is accurate to the best of your knowledge and belief.

3. the contract between you and us

3.1 You can apply to become a Seller by filling in the Seller application form that is accessible from the Sellers "My Account" section of Our Site. You will be required to indicate your acceptance of these terms and conditions prior to submitting your application. Following receipt of your application, We will notify you by email whether your application has been accepted. We reserve the right to refuse to accept applications to become a Seller in our absolute discretion.

3.2 If your application is accepted by Us, a contract will be formed between you and Us (the "Contract"). These terms shall apply to and be incorporated into the Contract and will prevail over any inconsistent terms or conditions contained or referred to in any purchase order, confirmation or acceptance of a quotation provided by you, or implied bylaw, custom, practice or course of dealing.

4. Our Services

4.1 We will use reasonable care and skill in providing our Services to you. We reserve the right to postpone access to Our Site for the purposes of maintenance or error-correction at any time without notice.

4.2 Upon becoming a Member, you will be given a password and access to a secure Seller log-in area of Our Site. You will also be entitled to pages on Our Site where you can tell users of Our Site ("Users") about your business and your Products, and advertise those Products for sale. It is your responsibility to populate your seller pages and keep the information on it up to date. You warrant that all information you put on your seller page is accurate and is not misleading in any way.

5. Sales using our site

5.1 Users may utilise the process offered on Our Site to purchase your Products from you. It is your responsibility to monitor your page and your secure login area on Our Site to deal with sales to Users. You will only offer for sale Products that you have in stock and are capable of delivering to Users.

5.2 When a User completes the buying process on Our Site in relation to one of your Products, a binding contract is created between the User and you. You are required to perform that contract promptly and in accordance with all applicable laws,including if applicable but without limitation the Consumer Protection (Distance Selling) Regulations 2000. You are responsible for providing any User to whom you have sold Products all relevant information relating to the contract of sale including without limitation your terms of business and delivery information, and information about how (if at all) you will use any of their personal data.

5.3 All prices from products you list for sale on Our Site must be inclusive of any applicable VAT. Any delivery and/or packaging costs the User incurs through purchasing your Products should be provided and you will be able to add this separately to the main item price.

5.4 We reserve the right to remove Products for sale from Our Site which are not in accordance with these terms or in relation to which you have not complied with these terms.

5.5 You acknowledge that We provide a social network and forum for buyers and sellers to meet. You acknowledge that We are not and will not be a party to any contract that may come into existence between you and any User that purchases your Products or who you may otherwise meet or come into contact with through Our Site. Subject to clause 11.3, We will not beliable for any loss or damage suffered by you as a result of your dealings with any User or any person, firm or company you have come into contact with through Our Site. You will indemnify Us against all costs, claims, damages and losses that may arise out of your dealings with Users.

5.6 We cannot give any undertaking or warranty in relation to Users generally (including without limitation as to their ability or willingness to pay for your Products). Furthermore, We cannot guarantee any amount of business for you as a result of your use of our Services and Our Site.

5.7 We cannot give any undertaking or warrant (not will we provide any adjudication for) Products that are lost in transit. You acknowledge that it is your responsibility to ensure that suitable and reliable shipping methods are used and that such shipping methods are clearly communicated to anyone who purchases your Products. You acknowledge that if any items are lost in transit that you may still be subject to the fees outlined in 7. You acknowledge that if items are lost in the post then you are responsible for contacting the buyer of those products and ensuring the matter is reasonably and amicably settled either by offering refunds, re-posting items, or if this is not the case then making sure that sellers were aware of your shipping terms prior to sale.

5.8 All Intellectual Property Rights on or inrelation to Our Site or Services belong to Us or our licensors. In particular, but without limitation, all material on Our Site is protected by copyright laws and treaties around the world. All such rights are reserved.

5.9 We aim to update Our Site regularly, and may change the content at any time. Any of the material on Our Site may be out of date at any given time, and We are under no obligation to update such material.

6. Member Obligations

6.1 You will:

(i) Respond promptly to requests from Users;

(ii) Maintain such insurance cover for your business as is required by law and reasonable prudence;

(iii) Provide Us with such information in relation to the Services as We may reasonably request, and cooperate with Us in all matters relating to the Services.

(iv) Not sell any Products on Our Site which could deemed by a reasonable person to be un-ethical in nature, nor mislead or attempt to mislead either Us or our Users as to the quality and nature (including the ethical quality and nature) of your Products. Not to mislead either Us or our Users as to the ethical credentials or certificates you have obtained that you will be able to display with your Product listings.

(v) Not to sell alcohol on the site unless you have all the necessary valid and up to date licenses to sell alcohol both within your own country and for any countries that you intend to sell alcohol in.

(vi) not infringe any law or third party intellectual property rights in your use of, or activities in relation to, Our Site. You will not sell or attempt to sell any Products on Our Site which breach any law, third party rights or public decency.

7. Fees

7.1 You will pay to Us a commission fee for the sale of Products that you have offered for sale on Our Site (the "Sale Price Fee") which is due only for Products that sell on Our Site. This Sale Price Fee is inclusive any postage or shipping costs you have listed with your Product. We reserve the right to charge you a fee for listing products on our site for sale (a "Listing Fee") which is due regardless of whether the Product sells or not however we currently do not charge for this. The total fee due by Sellers for each Product ("Fees") will be calculated as the total Sale Price Fee combined with the total Listing Fee (regardless of whether the Product sells or not) multiplied by our current commission rate ("Commission Rate"). Our commission rate is currently 10%. You accept that We reserve the right to change the Commission Rate, Sale Price Fee or Listing Fee at any time and that in such an occasion we will give written notice to all registered Sellers via email giving a minimum of 7 days notice before any changes become into effect.

We reserve the right to charge VAT on our Fees (if applicable).

7.1 We reserve the right to invoice you on a monthly basis (or at such other intervals as We deem appropriate). You will pay all invoices rendered by Us in full, cleared funds within 14 days of the invoice date. We will display invoices in your secure login area and you will be notified via email when invoices become due to the email you used upon registering as a Seller (or to another email if you have since updated this by contacting us).

7.2 Without prejudice to any other right or remedy that We may have, if you fail to pay our Fees on the due date, We may:

(1) Charge interest on such sum from the due date for payment at the rate of interest under the Late Payment of Commercial Debts (Interest) Act 1998, and/or

(2) Suspend some or all of the Services and/or your access to Our Site until payment has been made in full.

7.3 Time for payment shall be of the essence of the Contract between us.

7.4 We may set off any liability We owe to you against any liability you owe to Us.

7.5 Under no circumstances will you carry out any practise on Our Site that could be recognised as trying to avoid or evaid the fees outlined in 7. You recognise that such fee avoidance will result in temporary or permanent banning of your membership on Our Site. Examples of practises that may be recognised as fee avoidance are (but not limited to):

(1) Posting contact information (including but not limited to website URLs, email addresses and telephone numbers) on any areas of Our Site where buyers may purchase items directly or indirectly via the use of such information and thereby avoiding the agreed fees from 7. which would be incurred if the buyer was to purchase the items on Our Site.

(2) Using your username from our site or shop name to contain external contact information (such as website URLs, company names, and other such information)

(3) Using the private messaging systems within Our Site to advertise external shop information or encourage members in any way to purchase items anywhere outside Our Site

(4) Using any image upload facilities on Our Site to advertise full registered company names, website URLs or other such contact information.

(5) Using combinations of characters that could be respresented as using as contact information for example using "(at)", "[at]" or "at" to represent the "@" sign from an email address or other similar character representations.

8. Postings on Our Site

8.1 When using Our Site or posting any message, information or other material, including without limitation audio or visual material and information about Products for sale ("Material"), you will comply with the provisions of this clause 8. You will indemnify Us against any losses arising from your breach of this clause 8.

8.2 We disclaim all liability and responsibility arising from any reliance placed on the Material posted on Our Site by any you or any User.

8.3 Any Material you upload to the public areas of Our Site (other than your payment details, address, and chosen site password which you may upload during registration to Our Site) will be considered non-confidential and non-proprietary. You warrant that any such Material:

(1) will not contain any obscene, defamatory, abusive,threatening, or harassing material, or any pornographic, seditious, or blasphemous material or any material liable to incite racial or religious hatred;

(2) will not breach any legislation or applicable law;

(3) will not infringe any third party intellectual property rights; and

(4) (in relation to Material either sent to other Users or posted on the public areas of Our Site) will not contain or constitute unauthorised commercial communications, or "spam".

8.4 We have the right to disclose your identity to any third party who claims that any Material posted or uploaded by you to Our Site constitutes a violation of their intellectual property rights, or their right to privacy. We reserve the right to remove any Material from Our Site which breaches any part of this clause 8

9. Viruses & hacking

You must not misuse Our Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site via a denial-of-service attack or a distributed denial-of-service attack. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Site or to your downloading of any material posted on it, or on any website linked to it.

10. Service availability & Security

10.1 Our Site is made available on an "as is" basis. We cannot and do not warrant that Our Site will be permanently available or error-free.

10.2 If you are provided with a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any password, whether chosen by you or allocated by Us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms.

10.3 You are responsible for making all arrangements necessary for you to have access to Our Site. You are also responsible for ensuring that all persons who access Our Site through your internet connection and/or using your Member details, are aware of these terms, and that they comply with them.

11. Our liability

11.1 Subject to clause 4.1, all conditions, warranties and other terms which might otherwise be implied by statute, Common Law or equity are hereby excluded.

11.2 Our liability for losses you suffer as a result of Us breaching any term of the Contract is strictly limited to the total Fees actually paid by you in the six month period immediately preceding the date ofthe breach.

11.3 Nothing in these terms and conditions will operate to exclude or limit in any way our liability:

11.3.1 For death or personal injury caused by our negligence;

11.3.2 For fraud or fraudulent misrepresentation; or

11.3.3 For any matter for which it would be illegal for Us to exclude, or attempt to exclude, our liability.

11.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:

11.4.1 loss of income or revenue

11.4.2 loss of business

11.4.3 loss of profits or contracts

11.4.4 loss of anticipated savings

11.4.5 loss of data

11.4.6 waste of management or office time

however arising and whether caused by tort (including negligence), breach of contract or otherwise.

11.6 We are not responsible or liable for any lack of access to Our Site as a result of maintenance work to Our Site. We will endeavour to provide Users and Members with reasonable notice of any maintenance work that may restrict access to Our Site.

12. Termination

12.1 Without prejudice to any other rights or remedies which the parties may have, any party (the "Terminating Party") may terminate the Contract immediately on giving notice to the other (the "Breaching Party") if:

12.1.1 the Breaching Party commits a material breach of any of the terms of the Contract and (if such breach is remediable) fails to remedy the breach within 14 days ofbeing notified in writing of the breach;

12.1.2 the Breaching Party becomes the subject of any Insolvency Event.

In this clause 12, "Insolvency Event"means, in relation to a party, its insolvency (including without limitation its being put, voluntarily or otherwise, into liquidation, administration or receivership or their equivalent under the laws of the territory in which the party is incorporated) or the proposal or approval of a voluntary arrangement or the occurrence of any event or circumstance which would entitle a Court or acreditor to (a) appoint a liquidator, administrative receiver, administrator or receiver; and/or (b) lawfully present a winding up petition or make a winding up order in accordance with the laws of the territory in which the party inquestion is incorporated.

12.2 On termination of the Contract for any reason, your rights to use our Services and Our Site will immediately terminate. We will be entitled to invoice you for any Fees that have arisen and you will pay such Fees and any other outstanding invoices in accordance with our payment terms in clause 7. The accrued rights of the parties as attermination and the continuation of any provision expressly stated to surviveor implicitly surviving termination shall not be affected.

12.3 Without prejudice to any other rights or remedies, We reserve the right to suspend your access to Our Site and Services at any time upon a breach by you of any of these terms and conditions

13. Written communications

When using Our Site, you accept that communication with Us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on Our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing.

14. Notices

All notices given by you to Us must be given to Liam Patterson at Ethical Community, Suite 107, Crown House, 94 Armley Road, Leeds,LS12 2EJ. We may give notice to you at either the e-mail or postal address you provide to Us when registering as a Member, or in any of the ways specified inclause 13. Notice will be deemed received and properly served immediately when posted on Our Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

15. Transfer of rights and obligations

15.1 The Contract between you and Us is binding on you and Us and on our respective successors and assigns. The Contract is not intended to benefit, or be enforceable by, anyone else. You may not transfer, assign, change or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign,charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

16. Events outside our control

16.1 Neither party will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by events outside its reasonable control ("Force Majeure Event").

16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond a party's reasonable control and includes in particular (without limitation) the following: Strikes, lock-outs or other industrial action; Civil commotion, riot, invasion, terrorist attackor threat of terrorist attack, war (whether declared or not) or threat or preparation for war; Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; Impossibility of the use of public or private telecommunications networks.

16.3 Performance under the Contract by the party affected bythe Force Majeure Event (the "FM Party") is deemed to be suspended for the period that the Force Majeure Event continues, and the FM Party will have an extension of time for performance for the duration of that period. The FM Party will use all reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under the Contract may be performed despite the Force Majeure Event.

17. Waiver

17.1 If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contractor any of these terms and conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

17.2 A waiver by Us of any default shall not constitute awaiver of any subsequent default.

17.3 No waiver by Us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.

18. Severability

If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

19. Entire agreement

19.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between Us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between Us, whether oral or in writing.

19.2 We each acknowledge that, in entering into a Contract, neither of Us has relied on any representation, undertaking or promise given by the other or to be implied from anything said or written in negotiations between Us prior to such Contract except as expressly stated in these terms and conditions.

19.3 Neither of Us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

20. Data Protection

20.1 Your personal data (as the same is defined in the Data Protection Act 1998) acquired by Us will be processed by Us or on our behalf in connection with the Services and may be used by Us for marketing other similar services to you.

20.2 You acknowledge that your Personal Data may be provided by Us to Users who wish to contact you in relation to your products, as envisaged by Our Site, and you consent to the same.

21. Law and jurisdiction

The Contract will be governed by English law. Any dispute arising from, or related to, the Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales.