Terms and Conditions
Persons using the TradeHut
web site are herein referred to as TradeHutter or TradeHutters.
Your use of the TradeHut
web site is governed by these Terms and Conditions.
We reserve the right to
amend these Terms and Conditions from time to time. When the Terms and
Conditions are amended, each TradeHutter will be notified by email sent
to the address associated with their account. Every TradeHutter should
regularly review these Terms and Conditions to satisfy themselves they
have seen the latest version. These Terms and Conditions can be viewed
from the My Hut area of the TradeHut website.
Purpose of TradeHut
TradeHut has been established to facilitate the exchange or
swapping of Video Games and DVDs between private individuals that have registered to use the TradeHut Service.
TradeHut has not been created to encourage or allow the exchange of pirated or copied goods.
If you are offering a Video Game or DVD to swap on TradeHut you must be the legal owner of the game, it
must be original (not a copy) and must be in the condition you describe it
as being in when you list it.
The TradeHut Service
The TradeHut Service
extends to the provision of a web site that facilitates the swapping of
Video Games and DVDs between private individuals by allowing individuals
to list Video Games and DVDs they would like to swap and those they wish
to obtain in return. No other service or relationship should be construed from the
provision of the TradeHut Service.
Status of TradeHut
TradeHut is not to be
construed as having any relationship whatsoever with any TradeHutter -
apart from in regard to the provision of the TradeHut Service.
TradeHutters that agree to trade only have a relationship with the other
TradeHutter. Neither TradeHut nor its owners, directors, partners or
employees are deemed to be parties to any trade nor will we act as
intermediaries. Disputes between TradeHutters must be resolved by the
individuals involved - although requests for help sent to the TradeHut
Helpdesk will be looked at on a case-by-case basis.
TradeHut acts as a
facilitator and is never an agent of any TradeHutter.
Undertaking Swaps or Trades
If you agree to a swap or trade with another TradeHutter, you
agree that you will promptly complete your side of the trade by
sending (or agreeing to exchange in person) your traded goods to the other party.
Anyone who fails to complete their side of the transaction
may be added to the other party's Blocked List (which means no further
trades will be offered between those TradeHutters.)
Sending Traded Items
To protect yourself against
claims that traded items posted to another TradeHutter were not
received, we recommend that you obtain proof of postage when you send items
and make sure you are insured against loss. (Note for UK users: Second class post provides automatic
coverage against loss of goods up to a maximum of £30 - but you need a
certificate of postage from the Post Office to get this cover.)
Feedback
After a trade completes
each TradeHutter can leave Feedback about the other party. Like on-line auction sites, TradeHut relies on building trust between
people. TradeHutters can leave Negative or Positive Feedback about
another TradeHutter.
If you leave Negative
Feedback about another party you undertake to only leave Feedback that
is truthful and to desist from using abusive language. Negative Feedback
should only ever contain statements of fact.
TradeHutters that leave
Feedback containing abusive language will have their account immediately
terminated without recompense. When posting Feedback TradeHutters should
be aware that, although you must be at least 16 years old to open a
TradeHut account, it is possible that other TradeHutters may allow their
children to view the site.
Continuity of Service
We will attempt to provide
the TradeHut service at all times. However, neither TradeHut nor its
directors, owners, partners or employees will be liable in any way to
any TradeHutter as a result of failure to provide the TradeHut service
regardless of whether this is due to negligence, error or omission or to
failures by 3rd party suppliers of services.
Limitation of Liability
To the fullest extent
permitted by applicable law, neither TradeHut nor any of its directors,
owners, employees, affiliates or other representatives will be liable
for any loss or damage arising out of or in connection with the use of,
or inability to use, the services offered by the TradeHut website
including, but not limited to, indirect or consequential loss or damage,
loss of data, income, profit or opportunity and claims of third parties.
In no event will Tradehut's total liability to you for all damages,
losses, and claims (whether in contract, tort (including, but not
limited to, negligence), or otherwise) exceed the amount paid by you, if
any, for accessing the TradeHut website.
Indemnification
You agree to indemnify, defend, and hold
harmless TradeHut, its officers, directors, owners, employees, agents, licensors and
suppliers (collectively the "The TradeHut Service Provider") from and against all losses,
expenses, damages and costs, including reasonable legal fees,
resulting from any violation of these terms and conditions or any
activity related to your TradeHut account (including negligent or
wrongful conduct), by you or any other person accessing the TradeHut web
site using your TradeHut account.
Governing Law
Those who choose to access
this website do so at their own risk and on their own initiative and are
responsible for compliance with applicable local laws. These terms shall
be governed by and construed in accordance with English law. Any dispute
under these terms shall be subject to the exclusive jurisdiction of the
English courts and, by using this website, you hereby submit to the
exclusive jurisdiction of such courts for such purposes and waive any
and all objections to jurisdiction or venue in such courts.