TERMS AND CONDITIONS

The following describes the terms and conditions which Karolo offers you access to our services.

These terms and conditions apply to the entire Content of the Website, any email communication between Us (Karolo) and You (user of Karolo) and the Services available from the domain and sub-domains of Karolo.com and regulate the relationship between the User and Karolo. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, please do not use the Website

1. Definitions

'You / Yours' – means you, the party to this agreement
'We / Us' – means us at Karolo
'Buyer' – means a user bidding or purchasing an item
'Seller' – means a user selling an item
'listing' – is the page created to sell an item
'adjust' - to alter or amend text or images,
'User' – means any person who uses Karolo and its services
'Services' – means any and all services provided to you by Karolo
'Credits' – a unit purchased by the user to pay for services on Karolo
'Content' - includes the text, software, files, images, scripts, graphics, photos, sounds, videos, audiovisual combinations, and other materials you may view on, access through or transmit, submit display or publish on the Website.

2. Introduction

  1. You may access some areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register with us.
  2. By accessing any part of the Website, you shall be deemed to have accepted these terms in full.
  3. These terms form a legally binding agreement between you and Karolo in relation to your use of the Website. It is important that you take the time to read them carefully.
  4. If you do not accept these terms in full, you must leave the Website immediately.
  5. The terms apply to all users of the Website, including users who are also contributors of Content, on the Website.


3. Modification of these Terms

  1. We reserve the right to modify the content on Karolo and to change the terms and conditions of this agreement at any time, without notice. Your continued use after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement. You must review this agreement on a regular basis to keep yourself updated of any changes.

4. Registration and Account Security

  1. To access some areas of the Website or use certain elements of the Website, you will have to create an account with us. When creating your account, you must provide accurate and complete information.
  2. Each registration is for a single user only. Karolo does not permit you to share your username and password with any other person nor with multiple users on a network.
  3. You may only create one membership account per person.
  4. If your account is disabled by Karolo, you can not create another one without our permission.
  5. You agree not to assign, transfer, or authorise any other person to use, your account.
  6. When you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (for instance if this username infriges trademark copyright).
  7. Responsibility for the security of any passwords used rests with you.
  8. You agree to notify us immediately of any breach of security or unauthorised use of your Karolo account that you become aware of, or suspect.
  9. You agree that you will be solely responsible for all activity that occurs under your Karolo account. In particular you will be responsible for any Content that you contribute to the Website, so it is important that you choose your Content carefully.
  10. We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a minimum period of 6 months


5. General

  1. Karolo is a venue for communication.
  2. Karolo is not involved in the final transaction between buyer and seller. Karolo acts as a venue for buyers to find items, sellers to list Items and for Users to exchange their views and opinions. We do not assume any responsibility for the quality, safety or legality of items listed, the truth or accuracy of any listings, the ability of sellers to sell items nor the ability of buyers to buy items. We are under no obligation to monitor or record the listings or any other activity on the site.
  3. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Karolo and any User of the service.
  4. Karolo shall not be responsible for any items sold through use of its services, 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. Karolo shall not be responsible for the cost of procurement of substitute goods or any losses resulting from any goods purchased or obtained.
  5. Any views or opinions posted are those of the User, and do not necessarily represent those of Karolo.
  6. Due to the difficulty in authenticating Users over the Internet, we cannot confirm each User's identity. There are risks associated with buying and selling in such an environment and by using Karolo you agree to accept such risks.
  7. Your use of the Services is without any warranty or guarantee.
  8. You are advised that Content may include technical inaccuracies or typographical errors.
  9. Karolo contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
  10. If you have a dispute with one or more Users, you release all Karolo employees 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.


6. Acceptable Use Policy

  1. By accepting these terms and conditions you agree to comply with the following:
  2. While using Karolo, you must not:
    1. Interfere in any way with another User(s) use of the services provided by Karolo.
    2. Resell, rent, lease, grant a security interest in, or make commercial use of the services without our express written consent.
    3. Use Karolo in a manner, which violates any city, local, state, national or international law or regulation, or which fails to comply with accepted Internet protocol.
    4. Violate the legal rights of others
    5. Transfer your Karolo account (including feedback) and User ID to another party.
    6. Distribute or post spam, chain letters, or pyramid schemes.
    7. Distribute viruses or any other technologies that may harm Karolo, or the interests or property of Karolo Users.
    8. Attempt to modify or hack the Karolo website, or to obtain or modify information on Karolo or any other parties servers.
    9. Try to imitate any any feature, design or branding on the Karolo website without explicite permission
    10. Collect information about Users, including email addresses and user-names, without their explicit consent.

7. Seller Rules

  1. By listing an item on Karolo, you assume full responsibility for the content of the listing and item offered, and accept the following listing conditions:
    1. There may be instances where listings require approval before going live, thus your listing may not be immediately searchable by keyword or category for several hours (or up to 48 hours in some circumstances), so Karolo can not guarantee exact listing durations.
    2. The countdown of your listing duration will commence upon approval and publication of your listing.
    3. Where your listing appears in search and browse results may be based on numerous factors including listing format, title, description, end time, keywords and price.
  2. Sellers must honour the transaction contract. Sellers cannot fail to deliver an item for which payment has been accepted, significantly misrepresent an item by not meeting the terms and item description outlined in the listing, or refuse to accept payment for an item at the end of a successful sale. Sellers must not bid on their own item, or have family members, flatmates or employees bid on their item.
  3. Sellers have the right to cancel their listing unitl a bid is placed on the item. Once a bid is placed, the ability to cancel is withdrawn and sellers are required to forefil their obligations.
    1. The seller will forfeit all listing fee's upon cancellation or completion of a listing.
  4. We reserve the right at our absolute discretion to refuse or remove any listing, to edit or reclassify any listing, or to withdraw the use of our service from any person or body as we see fit, without refund of any listing fee's, notice or notification and without being required to provide reasons.
  5. You must be legally entitled to offer the items you advertise. You must ensure that all items you list are in no way unlawful, comply with the British Code of Advertising Practice in all respects and not interfere with others proprietary rights.
  6. You must not:
    1. Fail to deliver items purchased from you, unless the buyer fails to meet the listed terms.
    2. Post, list or upload content or items in an inappropriate category or areas on Karolo
    3. Sell counterfeit or stolen items
    4. Take any action that may undermine the ratings system
    5. Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy
    6. Post false, inaccurate, misleading, defamatory or libellous content (including personal information).
    7. Post obscene or pornographic content, promote discrimination or animosity to any person on grounds of gender or race (religion).
    8. Manipulate the price of any item or interfere with other User's listings.
  7. Dependent on the severity, a breach of these rules may result in a range of actions including:
    1. Listing cancellation with all listing fee's forfeited
    2. Probation (approval)
    3. Account suspension
    4. Account termination
    5. You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on Karolo.


8. Buyer Rules

  1. Buyers commit to buy an item if they are the highest bidder at the conclusion of an auction, or make a Buy It Now (Purchase) offer. Each bid is a binding contract to pay the maximum amount of the bid.
  2. Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on Karolo.
  3. You must not:
    1. Bid with no serious intention of buying.
    2. Bid on or buy an item when you do not meet the seller’s terms as outlined in the item listing.
    3. Fail to deliver payment for listed items purchased by you, unless the seller has materially changed the item's description after you bid or listed inaccurate information within the listing.
    4. Engage in shill bidding to increase an item’s price or apparent desirability artificially.
    5. Take any action that may undermine the ratings system.
    6. Manipulate the price of any item or interfere with other User's listings.
  4. Dependent on severity, a breach of these rules may result in a range of actions including:
    1. Probation (approval)
    2. Account suspension
    3. Account termination


9. Proprietary Rights to Website Content

The terms apply to all users of the Website, including users who are also contributors of Content, on the Website. "Content" includes the text, software, files, images, scripts, graphics, photos, sounds, music, musical works, videos, audiovisual combinations, and other materials you may view on, access through or transmit, submit display or publish on the Website.

  1. Title, ownership rights, and intellectual property rights in the content provided by us shall remain our sole property. We will strongly protect its rights in all countries.
  2. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as is expressly permitted in this agreement or with our written authorisation.
  3. You may download or copy content only for your own personal use, provided that you maintain all copyright and other notices.


10. Proprietary Rights to Your Content

  1. You retain all of your ownership rights in your Content, but you are required to grant limited licence rights to Karolo and other users of the Website.
  2. You may only post onto Karolo any content owned by you. You accept all risk and responsibility for determining whether any content is in the public domain. You represent and warrant that you are authorized to grant all such rights.
  3. If you upload or post Content on the Website you grant Karolo a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-license) to use, edit adjust, publish, distribute, translate, reproduce, prepare derivative works of and display that Content in connection with the provision of the Website including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats.
  4. If you upload or post Content on the Website you grant users of the Website a worldwide, non-exclusive, royalty-free licence to access your Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Website and under these terms.
  5. Karolo shall have no obligations with respect to the Content. Karolo and its designers shall be free to edit adjust, copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
  6. You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. Karolo does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Karolo expressly disclaims any and all liability in connection with Content.
  7. You represent and warrant that you have (and will continue to have during your use of the Website) all necessary licenses, rights, consents, and permissions which are required to enable Karolo to use your Content for the purposes of the provision of the Website by Karolo, and otherwise to use your Content in the manner contemplated by the Website and these terms.
  8. You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in any country in the world, or which it would be unlawful for Karolo to use or possess in connection with the provision of the Website.

11. Content Rules

  1. You must not post or transmit to or from the Website any Content:
    1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance, inconvenience or anger;
    2. that is unrelated to the topic of dicussion
    3. that includes contact details such as telephone numbers and postal or email addresses
    4. that is written in anything other than English
    5. that is a repeatition of the same or similar messages ('spam')
    6. for which you have not obtained all necessary licences and/or approvals;
    7. which constitutes or promotes an illegal or unauthorised copy of another person’s copyrighted work;
    8. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;
    9. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, bots, worms, harmful components, corrupted data or other malicious software or harmful data).
  2. We want to keep our community as focused as possible. For this reason, messages not relevant to a topic may be rejected or removed after publication.
  3. Karolo shall fully co-operate with any law enforcement authorities or court order requesting or directing Karolo to disclose the identity or locate anyone posting any Content in breach of any of these terms
  4. We reserve the right to investigate and take appropriate legal action against anyone who, in Karolo's sole discretion, posts or transmits Contents in breach of any of these terms including without limitation removing the offending Content from the Website, terminating the membership of such violators and/or reporting the Content or activities to law enforcement authorities.


12. Protecting Copyrights

  1. Karolo respects the intellectual property of others, and requires that our users do the same.
  2. You must not:
    1. Upload, embed, post, email, transmit or otherwise make available any Content that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.

If you believe your work has been copied and posted on or through the Website in a way that constitutes copyright infringement, please send Karolo a notification of claimed infringement by clicking here


13. Content Disclaimer

  1. While Karolo endeavours to ensure that the information on the Website is correct, Karolo does not warrant the accuracy and completeness of the Content on the Website. Karolo may make changes to the Content of the Website at any time without notice. The Content of the Website may be out of date, and Karolo makes no commitment to update such material.
  2. The Content of the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law. Karolo provides you with the Website on the basis that Karolo excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these terms, might have effect in relation to the Website.

14. Price, Payment & Refunds

  1. All services require payment,where applicable, to be made in full prior to use. In such cases, the amount payable will be clearly indicated and requires payment prior to delivery of the service. We may change our prices from time to time. In this case you will be given notification of this in advance of payment and have the opportunity to decline prior to payment. Prices are inclusive of any applicable value added tax or other sales tax.
  2. Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Pounds Sterling will be borne by you.
  3. Karolo credits are non-refundable. No refunds will be given for unsuccessful listings. By making a payment you are agreeing to immediate delivery of the service and you will therefore be unable to obtain a refund should you later wish to cancel the listing or the item remains unsold.


15. Spam

  1. You must not use Karolo or any of it's services for spamming. Spamming includes, but is not limited to:
    1. The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients.
    2. The use of any robot, spider or other automated device or manual process to collect email addresses or other personal information.
    3. Sending messages that promote alternative advertising services.
    4. Excessive and repeated posting of off-topic messages to the forums.
    5. Excessive and repeated cross-listing.
    6. Harassment of another User, including but not limited to, transmitting any threatening, libellous or obscene material, or material of any nature which could be deemed to be offensive.
    7. Any other action that restricts or inhibits other Users from enjoying Karolo.


16. Information about other Karolo Users

  1. Our services enable Users to share personal information. When Users are involved in a transaction, they may obtain access to each other's name, User ID, email address, and other contact information. Karolo cannot and does not confirm, and is not responsible for ensuring the authenticity truthfulness of Users' identities or the validity of the information which they provide to us or post on our sites.


17. Indemnity

  1. You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of your use of Karolo, the breach or violation of this Agreement by you, or the infringement by you, or by any other User of Karolo using your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any of your communications.

18. Interruption to the Service

  1. If it is necessary for us to interrupt the services provided by Karolo, then we may do so without telling you first. We cannot guarantee continuous or secure access to our services, and operation of Karolo may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to the services offered by Karolo.
    Refunds will not be given for interruption of service

19. Email Noticfication

  1. We assume no responsibility for the deletion or failure to store, deliver or timely delivery of any messages.
  2. We may, from time to time and without notice, set limit(s) on the number of messages a User may send, store, or receive through the service, and we retain the right to delete any messages above such limit(s) without any liability whatsoever, and you hereby release us from any such liability. Any notice provided by us to you in connection with such limit(s) shall not create any obligation to provide future notification regarding any change(s) to such limit(s).

20. Termination

  1. We may terminate this Agreement at any time, for any reason, with immediate effect by sending you notice to that effect by post or email.
  2. If we terminate, we shall be under no liability to you whatsoever, and you hereby release us from any such liability.
  3. Termination by either party shall have the following effects:
  4. Your right to use Karolo immediately ceases;
  5. We are under no obligation to forward any unread or unsent messages to you or any third party;
  6. We retain the right, at our sole discretion, to terminate any and all parts of the services provided to you, without refunding to you any fees paid and without notice or notification if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.

21. Jurisdiction

  1. Terms and Conditions are governed by English law under the exclusive jurisdiction of the English Courts

22. Dispute Resolution

  1. In the event of a dispute arising out of or in connection with the terms of this Agreement between you and Karolo, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

Contact

Karolo Ltd, Somerset House, 6070 Birmingham Business Park, B37 7BF. Registered in England & Wales, Company Number 07610787.
You can contact us by sending an email to Javascript Required

These Terms and Conditions were amended and posted on the 12/06/2011 and are effective immediately.