TERMS OF USE

BACKGROUND:

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which You may use this website, www.ourhighroad.com (“Our Site”). Please read these Terms of Use carefully and ensure that You understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon Your first use of Our Site. If You do not agree to comply with and be bound by these Terms of Use, You must stop using Our Site immediately. These Terms of Use do not apply to sales or purchases made on Our Site. Please refer to our Terms for Buyers and Sellers for more information available from www.ourhighroad.com/terms. Use of Our Site is also governed by Our Privacy and Cookie Policy, available from www.ourhighroad.com/privacy.

 

These Terms of Use are effective from 1 July 2020 and continue until revoked by Us.

1. Definitions and Interpretation

1.1. In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Account” means an account required to access and/or use certain areas of Our Site, as detailed in Clause 4;

“Buyer” means a User who makes a purchase on Our Site;

“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“Our High Road/Our Site” means this website, www.ourhighroad.com and all sub-domains and associated applications;

“Products” means the Seller’s goods, which it offers for sale via Our Site from time to time.

“Seller” means a User who sells on Our Site;

“Terms” means the terms and conditions set out on this page, together with the Our High Road policies explicitly referenced herein (e.g., Our High Road’s Privacy and Cookies Policy).

“Third Party Advertising” means advertising displayed on Our Site, provided by third parties;

“Third Party Advertiser” means a party responsible for Third Party Advertising displayed on Our Site;

“User” means an end-user of Our Site;

“User Content” means any content added to Our Site by a User;

“We/Us/Our” means Our High Road, a trading name of Leapcog Ltd, a limited

 company registered in England under company number 12319223, of 7 Bell Yard, London, WC2A 2JR;

“You/Your” means an end-user of Our Site.

2. Information About Us

2.1. Our Site is owned and operated by Leapcog Ltd, a limited company registered in England under company number 12319223, of 7 Bell Yard, London, WC2A 2JR.

2.2. Our VAT number is 337522503.

2.3. We can be contacted by email at hello@ourhighroad.com

 

3. Access to Our Site

3.1. Access to Our Site is free of charge.

3.2. It is Your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms of Use and Our Terms for Buyers and Sellers, We will not be liable to You in any way if Our Site (or any part of it) is unavailable at any time and for any period.

 

4. Accounts

4.1. Certain parts of Our Site require an Account in order to use them.

4.2. To register as a member of the Site, You must be of sound mind. By using this Site, You represent and warrant that You have the right, authority, and legal capacity to enter into this Agreement and that You are not prohibited or prevented by any applicable law for the time being in force or any order or decree or injunction from any court, tribunal or any such competent authority restraining You from availing our services. If at any time We are of the opinion (at Our sole discretion) or have any reason to believe that You are not eligible to become a member or that You have made any misrepresentation about Your eligibility, the Company reserves the right to forthwith terminate Your right to use the Site.

4.3. You may not create an Account if You are under 18 years of age.

4.4. When creating an Account, the information You provide must be accurate and complete. If any of Your information changes at a later date, it is Your responsibility to ensure that Your Account is kept up-to-date.

4.5. We recommend that You choose a strong password for Your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols.

4.6. It is Your responsibility to keep Your password safe.

4.7. If You believe Your Account is being used without Your permission, please contact Us immediately at support@ourhighroad.com. We will not be liable for any unauthorised use of Your Account.

4.8. You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.

4.9. All personal information provided in Your Account will be collected, used, and held in accordance with Your rights and Our obligations under the law, as set out in Clause 15.

4.10. If You wish to suspend AND/OR delete Your Account, You may do so at any time by accessing the Customer Rights area within Your Account section of Our Site and selecting Your desired option. If You delete Your Account, We will remove Your information from Our systems and will remove Your User Content from Our Site (where applicable). Deleting Your Account will also remove access to any areas of Our Site requiring an Account for access.

 

5. Intellectual Property Rights and Use of Our Site

5.1. With the exception of User Content, all Content included on Our Site and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content, including User Content, is protected by applicable United Kingdom and international intellectual property laws and treaties.

5.2. Subject to sub-Clauses 5.3 and 5.6, You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner reuse Content (including User Content) from Our Site unless given express written permission to do so by Us or the relevant User.

5.3. You may:

5.3.1. access, view, and use Our Site in any web browser (including, but not limited to, in-app web browsers);

5.3.2. download Our Site (or any part of it) for caching;

5.3.3. print one copy of any pages from Our Site;

5.3.4. download extracts from pages on Our Site; and

5.3.5. save pages from Our Site for later and/or offline viewing.

5.4. The owner and author of any Content (including User Content) must always be acknowledged when re-using that Content.

5.5. You may not use any Content (including User Content) printed, saved, or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or Our licensors, or the relevant User, as appropriate) to do so. This does not prohibit the normal access, viewing, and use of Our Site for general purposes whether by business users or consumers.

5.6. Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyright, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody, or pastiche; and the incidental inclusion of copyright material.

 

6. User Content

6.1. User Content on Our Site includes (but is not limited to) text, graphics, images, photographs, audio, video, music and sound.

6.2. You agree that Youwill be solely responsible for Your User Content. Specifically, You agree, represent, and warrant that You have the right to submit the User Content and that it will comply with Our Acceptable Usage Policy.

6.3. You agree that You will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by You under sub-Clause 6.2. You will be responsible for any loss or damage suffered by Us as a result of such breach.

6.4. You (or the licensors who own the Content in question, as appropriate) retain the ownership of the User Content that You submit to Our Site and all the intellectual property rights in that User Content. By submitting User Content to Our Site, You grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence Your User Content for the purposes of operating and promoting Our Site.

6.5. If You wish to remove User Content, You may do so by editing Your Account Profile or by making changes in the Retailer Admin Portal. When requested we will use reasonable efforts to remove the User Content from Our Site. Removing User Content also revokes the licence granted to Us to use that User Content under sub-Clause 6.4. Please note that caching or references to Your User Content may not be made unavailable immediately (or may not be made unavailable at all where they are outside of Our reasonable control).

6.6. We may reject, reclassify, or remove any User Content from Our Site where it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party about it and determine that it should be removed in response to that complaint. If any of Your User Content is removed, You will be informed of the removal and the reasons for the removal in writing.

6.7. All comments, feedback, information or materials submitted to Us through or in association with our Site shall be considered non-confidential and the property of Our High Road. By submitting such comments, information, feedback, or materials to Us, You agree to a no-charge assignment to Us of worldwide rights to use, copy, modify, display and distribute the submissions. We may use such comments, information or materials in any way We choose on an unrestricted basis. Users are welcome to provide candid feedback to us via the Site chat functionality or email to hello@ourhighroad.com

7. Links to Our Site

7.1. You may link to Our Site provided that:

7.1.1. You do so in a fair and legal way;

7.1.2. You do not do so in a way that suggests any form of association, endorsement, or approval on Our part where none exists;

7.1.3. You do not use any logos or trademarks displayed on Our Site without Our express written permission; and

7.1.4. You do not do so in a way that is intended to damage Our reputation or to take unfair advantage of it.

7.2. You may link to any page on Our Site

7.3. Framing or embedding of Our Site on other websites requires Our express written permission. Please contact Us at hello@ourhighroad.com for further information.

7.4. You may not link to Our Site from any other site where that site’s main content (i.e. the site’s primary purpose and content, not comments or similar from other users) contains material that:

7.4.1. is sexually explicit;

7.4.2. is obscene, deliberately offensive, hateful, or otherwise inflammatory;

7.4.3. promotes violence;

7.4.4. promotes or assists in any form of unlawful activity;

7.4.5. discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;

7.4.6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

7.4.7. is calculated or is otherwise likely to deceive another person;

7.4.8. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

7.4.9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);

7.4.10. implies any form of affiliation with Us where none exists;

7.4.11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or

7.4.12. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

8. Links to Other Sites

Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

 

9. Third Party Advertising

9.1. We may feature Third Party Advertising on Our Site.

9.2. You agree that You will not attempt to remove or hide any Third Party Advertising using HTML/CSS or by any other method.

9.3. We are not responsible for any Third Party Advertising on Our Site. Each Third Party Advertiser is responsible for the content of their own Third Party Advertising. We will not be responsible for any Third Party Advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.

10. Disclaimers and Legal Rights

10.1. Nothing on Our Site constitutes advice on which You should rely. Information and other materials on Our Site are provided for general information purposes only.

10.2. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet Your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages Your device or other digital content belonging to You (if You are a consumer) You may be entitled to certain legal remedies. For more details concerning Your rights and remedies as a consumer, please contact Your local Citizens Advice Bureau or Trading Standards Office.

10.3. We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties, or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

10.4. We are not responsible for the content or accuracy of any User Content, nor for any opinions, views, or values expressed in any User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.

11. Our Liability

11.1. Please note that the provisions of this Clause 11 are subject to Our Terms for Buyers and Sellers www.ourhighroad.com/terms.

11.2. To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site, or the content of, use of, or reliance upon any Content (including User Content) included on Our Site.

11.3. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or to any Content (including User Content) included on Our Site.

11.4. If You are a business (i.e. a User using Our Site in the course of business and/or for commercial reasons), We accept no liability for loss of profits, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

11.5. We use all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to sub-Clause 10.2, however, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect Your hardware, software, data, or other material that occurs as a result of Your use of Our Site or any other site referred to on Our Site.

11.6. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

11.7. The maximum aggregate liability under this Clause 11 shall in no event exceed the lower of GBP 100,000 or the value of Your previous 6 months’ Transaction Fees.

11.8. Nothing in these Terms of Use seeks to exclude or restrict Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability that cannot be excluded or restricted by law. For full details of consumers’ legal rights, please contact Your local Citizens Advice Bureau or Trading Standards Office.

12. Viruses, Malware, and Security

12.1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware. We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 11.5, subject to sub-Clause 10.2.

12.2. You are responsible for protecting Your hardware, software, data, and other material from viruses, malware, and other internet security risks.

12.3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

12.4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

12.5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

12.6. By breaching the provisions of sub-Clauses 12.3 to 12.5, You may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing Your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

13. Acceptable Usage Policy

13.1. You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 13. Specifically:

13.1.1. You must ensure that You comply fully with any and all local, national, or international laws, and/or regulations;

13.1.2. You must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

13.1.3. You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

13.1.4. You must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

13.2. When using Our Site, You must not communicate or otherwise do anything that:

13.2.1. is sexually explicit;

13.2.2. is obscene, deliberately offensive, hateful, or otherwise inflammatory;

13.2.3. promotes violence;

13.2.4. promotes or assists in any form of unlawful activity;

13.2.5. discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;

13.2.6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

13.2.7. is calculated or is otherwise likely to deceive;

13.2.8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that You do not have a right to;

13.2.9. misleadingly impersonates any person or otherwise misrepresents Your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 13.2);

13.2.10. implies any form of affiliation with Us where none exists;

13.2.11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or

13.2.12. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

13.3. We reserve the right to suspend or terminate Your access to Our Site if You materially breach the provisions of this Clause 13 or any of the other provisions of these Terms of Use. Further actions We may take include, but are not limited to:

13.3.1. removing Your User Content from Our Site;

13.3.2. issuing You with a written warning;

13.3.3. legal proceedings against You for reimbursement of any and all relevant costs resulting from Your breach on an indemnity basis;

13.3.4. further legal action against You as appropriate;

13.3.5. disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

13.3.6. any other actions which We deem reasonably necessary, appropriate, and lawful.

13.4. We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms of Use.

 

14. How We Use Your Personal Information (Data Protection)

14.1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR.

14.2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookie Policy at www.ourhighroad.com/privacy.

15. Communications from Us

15.1. If We have Your contact details, We may send You important notices by email. Such notices will only relate to important matters including, but not limited to, service changes; changes to these Terms of Use; Our Terms for Buyers and Sellers, Privacy and Cookie Policy; and changes to Your Account.

15.2. We will never send You marketing emails of any kind without Your express permission. If You do give Us permission, You may opt-out at any time. Any and all marketing emails sent by Us include an unsubscribe link. Email marketing preferences can also be changed in the Customer Rights area within Your Account Profile. If You opt out of receiving emails from Us, it may take up to 7 days for Us to comply with Your request. During that time, You may continue to receive emails from Us.

16. Changes to these Terms of Use

16.1. We may alter these Terms of Use at any time. Any such changes will become binding on You upon Your first use of Our Site after the changes have been made. You are therefore advised to check this page from time to time.

16.2. In the event of any conflict between the current version of these Terms of Use and any previous version(s), the current version shall prevail unless it is specifically stated otherwise.

 

17. Law and Jurisdiction

17.1. These Terms of Use, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

17.2. If You are a consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces Your rights as a consumer to rely on those provisions.

17.3. If You are a consumer, any dispute, controversy, proceedings or claim between You and Us relating to these Terms of Use, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.

17.4. If You are a business, any disputes concerning these Terms of Use, the relationship between You and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

 

TERMS FOR BUYERS & SELLERS

BACKGROUND

These Terms for Buyers & Sellers, together with any and all other documents referred to herein, set out the terms under which You (“Buyers” and “Sellers”) use Our High Road. Please read these Terms carefully and ensure that You understand them before using Our High Road. By accessing this Site, selling or purchasing any Products, You agree to be bound by these Terms. If You do not accept these Terms, You cannot use Our Site nor purchase any Products and You should cease using Our Site immediately. These Terms, as well as any and all contracts are in the English language only. These Terms can be found at www.ourhighroad.com/terms

 

These Terms for Buyers & Sellers are effective from 24 September 2020 and continue until revoked by Us.

1. Definitions and Interpretation

“Account” means an account required to access and/or use certain areas of Our Site;

“Buyer” means a User who makes a purchase on Our Site;

“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“Listing” means a listing on Our Site advertising an item or items for sale;

“Our High Road/Our Site” means this website, www.ourhighroad.com and all sub-domains and associated applications;

“Payment Service” means the payment service provided by Stripe Payments Europe Ltd;

“Payment Service Account” means an account for the holding of funds provided as part of the Payment Service and administered by the Third Party Payment Service Provider;

“Products” means the Seller’s goods, which it offers for sale via Our Site from time to time.

“Seller” means a User who sells on Our Site;

“Terms” means the terms and conditions set out on this page, together with the Our High Road policies explicitly referenced herein (e.g., Our High Road’s Privacy and Cookies Policy).

“Third Party Payment Service Provider” means Stripe Payments Europe Ltd, a limited company registered in Ireland under company number IE513174, whose registered address is C/O A&L GOODBODY, IFSC, NORTH WALL QUAY IFSC, 662880, Ireland, and whose website is www.stripe.com;

“Transaction Fee” means a percentage fee applied to each sale made on Our Site;

“User” means an end-user of Our Site;

“User Content” means any content added to Our Site by a User;

“We/Us/Our” means Our High Road, a trading name of Leapcog Ltd, a limited company registered in England under company number 12319223, whose registered address is 7 Bell Yard, London, WC2A 2JR.

“You/Your” means an end-user of Our Site

 

2. Information About Us and Our Contact Details

2.1. Our Site is owned and operated by Leapcog Ltd, a limited company registered in England under company number 12319223, of 7 Bell Yard, London, WC2A 2JR.

2.2. Our VAT number is 337522503.

2.3. We can be contacted by email at hello@ourhighroad.com

3. Access to and Use of Our Site

3.1. Access to Our Site is free of charge.

3.2. You may only make purchases or sales on Our Site if You are at least 18 years of age.

3.3. Eligibility for Sellers to sell Products on Our Site is at the discretion of Our High Road. We may refuse to grant access for any reason We see fit and We are not required to provide reason.

3.4. It is Your responsibility to make any and all arrangements necessary in order to access Our Site.

3.5. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. Subject to the remainder of these Terms, We will not be liable to You in any way if Our Site (or any part of it) is unavailable at any time and for any period.

3.6. Use of Our Site is also subject to Our Terms of Use. Please ensure that You have read them carefully and that You understand them.

 

4. Our High Road Services

Our High Road is an e-commerce marketplace provided as an online venue for Buyers and Sellers. Listings may be posted by our selected Sellers for their items. Our High Road conducts promotion and marketing for the Sellers and their Listings. We are not party to any transactions or other relationships between Users. We are not liable for any transactions between Buyers and Sellers. You hereby acknowledge and agree that:

4.1. You are not making a purchase from Us and are not entering into a contract with Us. Your purchase is from the Seller in question, and Your contract is with that Seller;

4.2. We will not be a party to any dispute between You and any Seller or another Buyer. Any claims must be made directly against the party concerned;

4.3. We are not in any way responsible for any items sold or for the content of any Listings; and

4.4. While all Sellers are required to comply with Our Terms, which include provisions covering important matters such as payment methods, processing times, and delivery methods, all Sellers are different and may not accept the same payment methods, process transactions within the same time frame, or offer the same delivery methods (or prices).

 

5. Communication and Contact Details

5.1. If You wish to contact Us with general questions or complaints, or for matters relating to Our Site including, but not limited to, these Terms, transactions, Sellers, and other Buyers, You may contact Us by email at support@ourhighroad.com 

5.2. For matters relating to cancellations, please contact the relevant Buyer or Seller. If this fails, please escalate to Us by email at support@ourhighroad.com or refer to the relevant Clauses in these Terms.

5.3. If We have to contact You We may do so by email to the address You provided when You registered Your Account or submitted the Retailer registration from time to time.

6. Descriptions Policy

When selling on Our Site, it is important that all descriptions of items are truthful and accurate, and that all visual representations are true representations of what You are selling (as far as is reasonably possible). You agree that all Listings submitted by Sellers will comply with the following:

6.1. if an item is not new, it must not be described as such;

6.2. if an item is used, the description must give as much detail as is reasonably possible about the age of the item, its condition, and any damage or defects;

6.3. if an item is not original (i.e. it has been purchased from, or otherwise supplied by, another party), it must not be described as such;

6.4. You may only describe something as being made or done by You if that is truly the case. If any other party is involved, Your Listing must state and describe their involvement;

6.5. photographs must be of what You are selling or, in the case where stock photographs, photographs from other Sellers or websites, drawings, renderings, or other representations are used this must be clearly stated to the Buyer;

6.6. if You are selling multiples of the same item (including, but not limited to, items made to order, customised versions of an item, or variations resulting in a similar but not identical product), You do not need to include photographs of every individual item, provided that Your description sets out any variations that are likely to be made, stating that the photographs provided are examples only;

6.7. Your listing must include delivery costs where it is possible to calculate them in advance, or reasonable estimates [or brackets] where it is not possible to calculate them in advance;

6.8. if You are offering items made or customised to order, provide full details of the options available to Buyers;

6.9. if You are offering items made or customised to order and the price for those items will vary according to a Buyer’s requirements, include full details of pricing including, if possible, set prices for different versions of an item or, if this is not possible, a statement that pricing will vary according to the Buyer’s requirements;

6.10. if You are offering items made or customised to order, You must provide reasonable estimates for the time required to make or customise such orders and use all reasonable efforts to ensure that You keep to such times;

6.11. You must not use any content that belongs to other parties in Your Listings without their express permission (please refer to Clause 7 for more information on intellectual property rights);

6.12. Your Listing must not advertise alternate locations from which Your items can be purchased, thereby avoiding Our Transaction Fees.

7. Intellectual Property Rights

7.1. The provisions of Clause 6 of Our Terms of Use apply to all User Content submitted to Our Site, including any and all User Content submitted to Our Site.

7.2. Users must, at all times, respect the intellectual property rights of Sellers on Our Site. Under no circumstances may You use intellectual property belonging to another party without that party’s express permission.

7.3. If You feel that another User (whether they are another Seller or a Buyer or otherwise) has infringed Your intellectual property rights in any way, please contact Us at support@ourhighroad.com 

7.4. If another party contacts Us accusing You of infringing their intellectual property rights:

7.4.1. We will contact You to inform You of the complaint;

7.4.2. We may remove the User Content that is the subject of the complaint;

7.4.3. if You have questions regarding the complaint, or wish to challenge it, You must contact the complaining party. We will not be a party to any dispute concerning intellectual property and cannot assist in resolving such disputes; and

7.4.4. You are free to resubmit the User Content in question if the complaint is resolved and You have the permission of the complaining party to do so (where it is required). We can neither permit nor deny such resubmission as We will not be a party to the dispute.

8. User Rules and Acceptable Usage Policy

8.1. When using Our Site, You must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 8. Specifically:

8.1.1. You must ensure that You comply fully with all local, national, or international laws, and/or regulations (including but not limited to those which may apply to the item(s) You wish to sell);

8.1.2. You must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

8.1.3. You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;

8.1.4. You must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way;

8.1.5. You must always provide accurate, honest information about yourself and any and all items that You are selling on Our Site;

8.1.6. Sellers must not charge excessively for delivery to Buyers;

8.1.7. Sellers must state the price of an item accurately and clearly, and must not change it in order to avoid paying any applicable Transaction Fee; and

8.1.8. You must not engage in any form of price fixing with other Users (including Sellers and Buyers).

8.2. When using Our Site, You must not submit anything (including, but not limited to, material in a Listing), or otherwise do anything that:

8.2.1. is sexually explicit;

8.2.2. is obscene, deliberately offensive, hateful, or otherwise inflammatory;

8.2.3. promotes violence;

8.2.4. promotes or assists in any form of unlawful activity;

8.2.5. discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;

8.2.6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

8.2.7. is calculated or is otherwise likely to deceive;

8.2.8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that You do not have a right to;

8.2.9. misleadingly impersonates any person or otherwise misrepresents Your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 8.2);

8.2.10. implies any form of affiliation with Us where none exists;

8.2.11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or

8.2.12. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

8.3. We reserve the right to suspend or terminate Your access to Our High Road if You materially breach the provisions of this Clause 8 or any of the other provisions of these Terms. Further actions We may take include, but are not limited to:

8.3.1. removing any offending material from Our Site;

8.3.2. issuing You with a written warning;

8.3.3. legal proceedings against You for reimbursement of any and all relevant costs resulting from Your breach on an indemnity basis;

8.3.4. further legal action against You as appropriate;

8.3.5. disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

8.3.6. any other actions which We deem reasonably necessary, appropriate, and lawful.

8.4. We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms.

9. Purchasing from Sellers

9.1. As set out above in Clause 4, all transactions on Our Site are between Buyers and Sellers only. We are not a party to such transactions.

9.2. When making a purchase from a Seller, You expressly agree that:

9.2.1. You have read the description and all details within the relevant Listing carefully and that You understand and agree to any and all specific policies that are stated to apply by the Seller;

9.2.2. You will pay for the Product(s) purchased in full and on time, using one of the Seller’s accepted payment methods via Our Payment Service, details of which are provided below in Clause 10; and

9.2.3. You have provided complete and accurate delivery details to the Seller.

9.3. From time to time, Our Site will have promotional voucher codes ("Promo Codes") available to redeem discounts on certain transactions. Promo Codes are limited by date, in number and in value. If a Promo Code is not successfully applied before checkout, it cannot be applied once a transaction has been completed.

9.4. We reserve the right to suspend, change or cancel promotions at any time, in the event of circumstances arising which in Our opinion make it necessary for it to do so. We reserve the right to add additional terms and conditions for certain parts of promotions.

10. Payment Service

10.1. All Payments on Our Site are made through the Payment Service provided by Stripe Payments Europe Ltd, Our Third Party Payment Service Provider.

10.2. Your use of the Payment Service requires an account with the Third Party Payment Service Provider and will be subject to its own terms and conditions and privacy policy. You will be required to read and accept those terms and conditions and privacy policy before making payments to Sellers on Our Site.

10.3. By using the Payment Service, You acknowledge and agree to Us sharing Your personal information and/or information about Your transactions on Our Site with the Third Party Payment Service Provider.

10.4. The Payment Service works with the following payment methods (please note that not all Sellers will accept all of the following): Visa, Mastercard, Maestro, American Express, Apple Pay, Google Pay.

10.5. If We receive notice from the Third Party Payment Service Provider that Your use of Our High Road or the Payment Service is in breach of their terms or of any agreement between You and them, We may take actions including, but not limited to, those necessary to rectify Your breach, removing Your ability to use the Payment Service to make or accept payments on Our Site, and/or the suspension or termination of Your Account on Our Site.

10.6. The Third Party Payment Service Provider reserves the right to refuse the use of the Payment Service to anyone, for any reason, and at any time.

11. Payments to Sellers

11.1. All payments are processed using the Payment Service described above in Clause 10.

11.2. When You pay for an item, payment will be credited to the Seller’s Payment Service Account less associated Transaction Fees.

11.3. If You do not pay, the Seller may cancel the transaction. Please refer to Clause 14 for more information on the Seller’s cancellation rights.

11.4. We will not make any of Your payment details (including, but not limited to, card numbers, bank account numbers, and sort codes) available to Sellers at any time, or for any reason. All payment details are held securely and shared only with Our Third Party Payment Service Provider.

11.5. Neither Our High Road nor the relevant Seller will be responsible for any losses You may suffer if the payment method You use to pay for an Order does not have sufficient funds to cover all costs of that Order.

12. Taxes

12.1. It is the responsibility of Sellers to collect and pay taxes on any sales made through Our Site.

12.2. Where any tax, for example VAT, forms a part of the price of any item on Our Site, the tax must be included in the price of the item.

12.3. If a Seller is VAT registered, they may be required to charge VAT on the items that they sell on Our Site.

12.4. For further information on VAT and other taxes in Your location, please contact Your local tax authority.

13. Delivery

13.1. Sellers are required to ship items to the Buyer in accordance with the delivery dispatch timings stated in the Listing upon receipt of payment, taking into account the nature of the item(s) in question, preparation time and, where relevant, manufacturing time (if items are made or customised to order). Unless a Listing states otherwise, or unless You have agreed otherwise with the Seller, the Seller must dispatch items no later than 30 calendar days after the date on which the Sale takes place.

13.2. As stated in sub-Clause 9.2.3, You must provide complete and accurate delivery details to the Seller. The Seller is responsible for ensuring that they use the delivery address exactly as You provide it to them, but if dispatched items do not reach You due to an incorrect address provided by you, it is Your responsibility and not the Seller’s.

13.3. Sellers are free to determine the delivery charges for their items; however, Sellers must ensure that delivery charges are reasonable, not excessive, and genuinely reflect the actual cost to the Seller of delivering the item in question to you.

13.4. Sellers are free to determine the delivery area that they can reliably serve; however, Sellers are obliged to maintain accuracy details of the delivery area on the Listing.

13.5. Sellers must also provide a ships-from address for Your reference, found in the order confirmation email.

13.6. Different delivery methods may be offered by different Sellers. Delivery options may include personal delivery, Buyer collection, and postal or delivery service. The final choice of delivery service is to be agreed between You and the Seller.

13.7. Once an item has been dispatched to you, the Seller will inform You that it has been dispatched. Our High Road provides such notification by email and/or app notification.

13.8. Our High Road allows Sellers to share tracking information obtained from a postal or delivery service with you.

13.9. Sellers are responsible for ensuring that they check, are aware of, and comply with all applicable shipping and customs regulations when shipping items to you.

14. Your Rights to Cancel and Return Items

14.1. If You are a consumer (that is, not a business) based in the European Union, You may be entitled to a “cooling-off” period within which You may cancel Your contract with a Seller and return an item for any reason. If applicable, the cooling-off period ends 14 calendar days after the day on which You (or someone nominated by you) receive(s) the item.

14.2. The cooling-off period does not apply in the following circumstances:

14.2.1. If the item is sealed for health or hygiene reasons, and You have unsealed the item after receiving it; or

14.2.2. If the item consists of sealed audio or video recordings (e.g. CD or DVD) or sealed computer software, and You have unsealed the item after receiving it; or

14.2.3. If the item is digital content and it has been downloaded or otherwise accessed by you; or

14.2.4. If the item is likely to deteriorate quickly, for example flowers or food; or

14.2.5. If the item has been personalised or made-to-order for you; or

14.2.6. If the item has been inseparably mixed with another item or other items (according to their nature) after You have received it.

14.3. If You wish to exercise Your right to cancel during the cooling-off period, You must inform the Seller of Your decision within the cooling-off period. You may do so in any way You wish, however for convenience We provide the option to cancel on Our Site in the Orders section of Your Account. Cancellation by email or by post is effective from the date on which You send the Seller Your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, You send the Seller an email or letter by 23:59:59 on the final day of the cooling-off period, Your cancellation will be valid and must be accepted.

14.4. Items must be returned to the Seller no more than 14 calendar days after the day on which You inform the Seller that You wish to cancel. You will be responsible for the costs of returning items to the Seller if You cancel under the cooling-off period.

14.5. When You cancel under the cooling-off period, the Seller must issue a refund within 14 calendar days of the following:

14.5.1. The day on which the Seller receives the item(s) back; or

14.5.2. The day on which You inform the Seller (supplying evidence) that You have sent the item(s) back (if this is earlier than the day under sub-Clause 14.5.1); or

14.5.3. If the Seller has not yet dispatched the item(s), the day on which You inform the Seller that You wish to cancel.

14.6. The Seller may make certain limited deductions from refunds under this Clause 14 as follows:

14.6.1. The Seller may reduce a refund for any diminished value in an item resulting from Your excessive handling of it (e.g. handling going beyond that which would be permitted in a shop); and/or

14.6.2. The Seller is only required by law to reimburse standard delivery charges. If You have chosen a premium delivery method, the Seller is only required to reimburse You for the equivalent of standard delivery.

15. Problems with Transactions and Your Rights

15.1. By law, Sellers must provide goods and/or digital content that are/is of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information that the Seller has provided to you, and that matches any samples or models that the Seller has shown to You (unless the Seller has made You aware of any differences).

15.2. If items do not conform with the requirements outlined in sub-Clause 15.1 and, for example, have faults or are damaged when You receive them, You must contact the Seller as soon as reasonably possible to inform the Seller of the problem. The following remedies will be available to you:

15.2.1. Beginning on the day that You receive the item(s), if the item(s) is/are goods, You have a 30 calendar day right to reject them and to receive a full refund if they do not conform.

15.2.2. If You do not wish to reject the item(s), if the 30 calendar day rejection period does not apply, or if it has expired, You may request a repair or replacement. The Seller must bear the costs and must carry out the repair or replacement within a reasonable time and without significant inconvenience to you. If either a repair or a replacement is impossible or disproportionately difficult, the Seller may offer You the alternative option (i.e. a replacement instead of a repair or vice versa) or a full refund. If You request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while the Seller carries out the repair or replacement and will resume on the day that You receive the replacement or repaired item(s). If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.

15.2.3. If, after a repair or replacement, the item(s) still do not conform (or if the Seller cannot repair or replace it/them, as described above, or if the Seller has failed to act within a reasonable time or without significant inconvenience to you), You may have the right to keep the item(s) at a reduced price, or to reject it/them in exchange for a refund.

15.3. If You exercise Your final right to reject the item(s) more than six months after receiving it/them, the Seller may reduce any refund to reflect the use that You have had out of it/them.

15.4. Please note You will not be eligible to claim under this Clause 15 in the following circumstances:

15.4.1. the Seller informs You of any fault(s), damage, or other problems with the item(s) before You purchase them and it is because of that/those same issue(s) that You subsequently wish to return them;

15.4.2. You have purchased the item(s) for an unsuitable purpose that is neither obvious nor made known to the Seller and the problem has resulted from Your use of the item(s) for that purpose; or

15.4.3. the problem is the result of normal wear and tear, misuse, or intentional or careless damage.

15.5. We provide the option to cancel Your order on Our Site in Your Account section for You to use when returning items. If items do not conform with the requirements outlined in sub-Clause 15.1, the costs of returning items to a Seller should be covered by the Seller, reimbursing You where necessary.

15.6. Refunds (whether full or partial, including reductions in price) under this Clause 15 must be issued within 14 calendar days of the day on which the Seller agrees that You are entitled to a refund.

15.7. Any and all refunds under this Clause 15 must include all delivery costs paid by You when the item(s) was/were originally purchased.

15.8. Further information on legal rights can be obtained from Your local Citizens Advice Bureau or Trading Standards Office.

16. Further Transaction Cancellation Rights

16.1. The Seller has the right to cancel a transaction and issue a full refund of any sums paid (including delivery charges) in the following circumstances:

16.1.1. You and the Seller have mutually agreed to cancel the transaction before the item(s) is/are dispatched;

16.1.2. You and the Seller have mutually agreed to cancel the transaction following receipt by You of the item(s) and You have returned the item(s) to the Seller;

16.1.3. You have failed to pay;

16.1.4. The Seller has chosen to refuse service to you.

16.2. Refunds must be made within 7 days of:

16.2.1. the date on which You and the Seller agree the cancellation, under sub-Clauses 16.1.1 and 16.1.2; or

16.2.2. the date on which the Seller informs You that they are cancelling the transaction, under sub-Clauses 16.1.3 and 16.1.4.

17. Your Account Cancellation Rights

17.1. You may suspend and/or close Your Account at any time by accessing the Customer Rights area within Your Account section of Our Site and selecting Your desired option.

17.2. Any outstanding sums due and payable to any Seller(s) will remain payable and Your Account will not be fully closed until all sums due have been paid and the relevant transaction(s) completed or cancelled.

17.3. Any outstanding sums due and payable to Us by a Seller (including, but not limited to, Listing Fees and Transaction Fees) will remain payable by the original due date and Your Account will not be fully closed until all sums due to Us have been paid.

17.4. If We have done something wrong, a Seller may be entitled to cancel and receive a refund of certain sums paid for services that have not been provided to you. You may also be entitled to compensation. This may apply in the following circumstances:

17.4.1. We have breached these Terms in a material way and fail to remedy the breach within 21 days of You asking Us to do so in writing; or

17.4.2. We go into liquidation or have a receiver or administrator appointed over Our assets; or

17.4.3. We change our service or these Terms to Your material disadvantage; or

17.4.4. We are adversely affected by an event outside of Our control (as under sub-Clause 19.2.5).

18. Our Liability to You

18.1. As stated in Clause 4, We are not a party to any transactions, other relationships, or disputes between Buyers and Sellers. We will not be responsible for any aspect of a transaction and make no warranties as to the quality, safety, or legality of any item(s) purchased from Sellers on Our Site. Any claims pertaining to a transaction must be made directly against the Seller concerned.

18.2. We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms or as a result of Our negligence.

18.3. Subject to sub-Clause 18.2, to the fullest extent permissible by law, We will not be liable to You for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

18.4. The maximum aggregate liability under this Clause 18 shall in no event exceed the lower of GBP 100,000 or the value of Your previous 6 months’ Transaction Fees.

18.5. Nothing in these Terms seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.

18.6. Nothing in these Terms seeks to limit or exclude consumers’ legal rights. For more details of consumers’ legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

19. Events Outside of Our Control (Force Majeure)

19.1. We will not be liable for any failure or delay in performing Our obligations to You where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

19.2. If any event described under this Clause 19 occurs that is likely to adversely affect Our performance of any of Our obligations to you:

19.2.1. We will inform You as soon as is reasonably possible;

19.2.2. Our obligations under these Terms will be suspended and any time limits that We may be bound by will be extended accordingly;

19.2.3. We will inform You when the event outside of Our control is over and provide details of any new dates, times, or availability of services as necessary;

19.2.4. If the event outside of Our control continues for more than 7 days We may take action including but not limited to issuing refunds for affected Listings, cancellation of orders and suspension of service;

19.2.5. If the event outside of Our control occurs and You wish to exercise Your right to cancel under sub-Clause 17.4.4, You may do so by accessing the Customer Rights area within Your Account section of Our Site and selecting Your desired option. If You would prefer to contact Us directly to cancel, please contact Us via email at the following address: support@ourhighroad.com.

19.2.6. Any refunds due to You as a result of Your cancellation under sub-Clause 19.2.5 will be paid to You as soon as is reasonably possible and in any event no later than 14 calendar days after Your Account is cancelled.

19.3. Sellers affected by any such event shall notify Us within a maximum of 14 days from its occurrence. The performance of these Terms shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Agreement.

20. Data Protection

20.1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR.

20.2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy & Cookie Policy www.ourhighroad.com/privacy

20.3. Sellers will also collect, hold, and process Your personal information in the course of transactions (for example, Your name, email address, and postal address). Sellers are, therefore, also considered data controllers under the GDPR and will be responsible for complying with their legal obligations and protecting Your rights under the GDPR.

20.4. You must only use the personal data of other Users (whether they are Buyers or Sellers) to the extent necessary to complete a transaction, to communicate about a specific transaction, to communicate via Our Site, and/or to respond to messages from them. You may not add any User to a mailing list, use their data for marketing, or retain any payment details. You may only use another User’s personal data for additional purposes with their consent.

21. Other Important Terms

21.1. We may transfer (assign) Our obligations and rights under these Terms to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.

21.2. You may not transfer (assign) Your obligations and rights under these Terms without Our express written permission.

21.3. If any of the provisions of these Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms. The remainder of these Terms shall be valid and enforceable.

21.4. No failure or delay by Us in exercising any of Our rights under these Terms means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms means that We will waive any subsequent breach of the same or any other provision.

21.5. We may revise these Terms from time to time in response to changes in relevant laws and other regulatory requirements.

22. Law and Jurisdiction

22.1. These Terms, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

22.2. If You are a consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in Sub-Clause 22.1 above takes away or reduces Your rights as a consumer to rely on those provisions.

22.3. If You are a consumer, any dispute, controversy, proceedings or claim between You and Us relating to these Terms, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.

22.4. If You are a business, any disputes concerning these Terms, the relationship between You and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

 
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