Terms & Conditions
Website Terms and Conditions of Acceptance of Advertisements
FISHmachinery.com is a trading name of Stuart Noble Holdings Ltd. (the “Company”), a limited liability company registered in Scotland under company number SC426592 and with its registered office at 3rd Floor 68-70 George Street, Edinburgh, EH2 2LR
These Terms will apply to any contract between us for the sale of Posts to you (the “Contract”). Please read these Terms carefully before ordering any Posts from our site. Please note that before placing an order you will be asked to agree to these Terms.
You should print a copy of these Terms or save them to your computer for future reference. You can download a copy here [ insert link ]
We reserve the right to amend these Terms from time to time as set out in clause 6. Every time you wish to order Posts, please check these Terms to ensure you have read the terms which will apply at that time. These Terms were most recently updated in September 2016.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the website www.FISHmachinery.com. We are Stuart Noble Holdings Ltd., a company registered in Scotland under company number SC426592 and with our registered office at 3rd Floor 68-70 George Street, Edinburgh, EH2 2LR
Our VAT number is 207638896.
1.2 To contact us, please see our Contact Us page
2. Use of our site
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
3. How we use your personal information
4. Business customer
4.1 You confirm that you are a business customer and further that you have authority to bind any business on whose behalf you use our site to purchase Posts.
5. How the contract is formed between you and us
5.1 Our order process allows you to check and amend any errors in your proposed purchase before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Acceptance of your order will take place when your advertisement has been published on our site.
6. Our right to vary these terms and to make changes to the products
6.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements; or
(c) where any update to these Terms is proposed by the Company.
6.2 Every time you order a Post from us, the Terms in force at that time will apply to the Contract between you and us.
6.3 Whenever we revise these Terms in accordance with this clause 6, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
7.1 You are solely responsible for the content of your Post. We are not responsible, or liable whatsoever, for the content or accuracy of the content of your Post. We reserve the full right to refuse to publish an advertisement or omit or suspend any advertisement in every case without stating any reasons for doing so. You warrant to us that a true and honest description of the item will be contained within your Post.
7.2 We shall not be liable for any error, omission or inaccuracy in published Posts, nor do we accept any liability for any loss, which you may allege to have been caused by any such error, omission or inaccuracy. Once a Post has been published on our site, it is your responsibility to review the advertisement for accuracy. You shall have 3 days following publication to make any amendments to your Post.
7.3 Copy, artwork, photographic prints and other materials supplied in connection with a Post shall be subject to our approval.
7.4 We reserve the right to change the classification of any advertisement accepted if in our opinion the advertisement has been placed in an incorrect classification.
7.5 Posts shall not mention or otherwise infer the name and/ or contact details of the selling party withn the description field. Advertisements that mention or otherwise infer the name and/ or contact details of the selling party are subject to rejection and/ or amendment. This includes uloaded photos which shall only be of the machinery offered, no company names, watermarks on photos or detail of your company shall be uploaded in photographic form.
7.6 The content of your Post on our site will be considered non-confidential and non-proprietary. By posting an advertisement on our site you grant us an irrevocable, worldwide, royalty free and sub-licensable licence and right to use, copy, distribute and disclose to third parties any such Post for any purpose.
7.7 For the avoidance of doubt, we make no promises, warranties or guarantees about your ability to sell items using our site. We are not responsible for third parties, for example, if a buyer does not pay for items.
7.8 You warrant that on delivery of an item the subject of a Post to a buyer introduced via our site: (a) That the item shall conform with the description and any specification set out in the Post; items must be described as closely as possible to our condition rating guide (b) That you have good title to the item and are authorised to sell the item; and (c) Any certificates exhibited with the item are valid and will be delivered with the item.
7.9 You agree to act reasonably when negotiating a sale and purchase agreement with a potential buyer introduced to you via our site.
7.10 You warrant to us that the items the subject of a Post: (a) comply with applicable laws and regulations concerning design, manufacture, construction, composition, packaging and labelling; and (b) may be lawfully sold.
7.11 We are not obliged to monitor user-generated content on our site. However, we reserve the right to disclose any information, communication or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from our site, in our sole discretion, without notice at any time.
7.12 You acknowledge and agree that you may not use our site to: (a) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) conduct or forward illegal contests, pyramid schemes or chain letters; (c) publish, post, distribute, disseminate or link to any: (i) inappropriate, profane, defamatory, infringing, obscene, adult content, nude, indecent or unlawful topic, name, material or information; (ii) software or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless you own, control such rights or have received all necessary consents for your use of such materials; (iii) software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another's computer (e.g., "cracks," "hacks," or other programs written to defeat the security measures of any computer, system or program(s)); (d) sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: firearms, explosives, ammunition, liquor, tobacco products, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals and controlled substances, counterfeit, pirated or stolen goods, fraudulent goods, any goods or services that infringe or otherwise violate a third party's rights, registered or unregistered securities, goods or services that: (i) you cannot legally sell; (ii) are misrepresented; (e) harvest or otherwise collect information about third parties, including without limitation email addresses, without the express consent of such third parties; (f) restrict or inhibit any other user from the use and enjoyment of our site, interfering with or disrupting our site or servers or network connected to our site; (g) email or otherwise transmit, distribute, publish or disseminate any junk email, spam, chain letters, pyramid schemes or any other form of duplicative or inappropriate solicitations or messages (commercial or otherwise); (h) violate the rights of any third parties, including, but not limited to, trademark, copyright, naming or publicity rights; or (i) violate any applicable government laws or regulations.
8. Price of posts
8.1 All Posts will be charged at the appropriate rate prevailing at the time of publication. Prices for Posts may change from time to time, but changes will not affect any order which has already been published on our site.
8.2 The price of a Post includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. A VAT invoice shall be provided against any payment.
9. How to pay
9.1 You can only pay for credits for posting items to the site using Braintree a division of Paypal. Unfortunately, the transmission of information via the internet is not completely secure. We cannot guarantee the security of your payment data transmitted via the internet; any transmission is at your own risk. Multiple credits may be negotiated and paid externally from the webiste by bank transfer against and invoice if required. Please contact us if you need to pay for credits exterally by emailing us at [email protected]
9.2 Payment for a Post is in advance.
10. Refund policy
10.1 If you terminate your registration/ request the deletion of a Post for reasons other than our br /each, then we will not refund to you any monies.
10.2 If we terminate for reasons other than your br /each, then we will within fourteen days refund to you the balance of any monies which you have paid to us (and we have received) which relate to Posts to be advertised on our site (but not so advertised) after the date of termination. If we terminate for reasons other than your br /each, when a Post has been advertised on our site (but not for the full period of one month) we will within fourteen days refund to you a pro-rata share of the monies you have paid to us (and we have received) for that Post.
11. Communications between us
11.1 When we refer, in these Terms, to "in writing", this will include e-mail.
11.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
11.3 Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 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. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
12. Other important terms
12.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
12.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
12.3 This contract is between you and us. This Contract is not intended, nor shall it create any, rights, entitlement, claims or benefits enforceable by any person other than the parties and their permitted successors or assignees.
12.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
12.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.6 These Terms are governed by Scots law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by Scots law. We both agree to the non-exclusive jurisdiction of the courts of Scotland.
Terms of Website Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Terms of website use
FISHmachinery.com is a trading name of Stuart Noble Holdings Ltd. (the “Company”), a limited liability company registered in Scotland under company number SC426592 and with its registered office at 3rd Floor 68-70 George Street, Edinburgh, EH2 2LR
Other applicable terms
If you purchase advertising space from our site, our Terms and Conditions of Acceptance of Advertisements will apply to the sale.
Information about us
www.FISHmachinery.com is a site operated by Stuart Noble Holdings Ltd. Stuart Noble Holdings Ltd is a company registered in Scotland under company number SC426592 and with our registered office at 3rd Floor 68-70 George Street, Edinburgh, EH2 2LR. Our VAT number is 207638896
Changes to these terms
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Changes to our site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
The Company does not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing our site
You shall access and use our site only in the course of business.
Our site is made available free of charge to registered users but there is a charge for advertising on our site.
The Company does not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We may for, example, interrupt our provision of our site to conduct maintenance on the website without telling you first. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
Our website is a trading platform
www.FISHmachinery.com is a trading platform. Sellers may list and market items and buyers may find items. We are neither the owner of the items listed for sale on the site, nor do we have any influence or control on the business conducted among users of our site.
We are not responsible for contracts for the supply of goods, services or information formed through our site (or as a result of visits made to our site) between you and other www.FISHmachinery.com users. We are simply a trading platform, where we will introduce potential buyers to potential sellers; we cannot guarantee that any response from a seller/ buyer will be transmitted to, and/or received by, the intended recipient.
Any contract is between the buyer and the seller and is subject to the terms and conditions which are implied by law (if any) or which the buyer and the seller agree between themselves or both. Stuart Noble Holdings Ltd is not a party to the contract between the seller and the buyer and nor is Stuart Noble Holdings Ltd liable under it. We shall not be liable for legal transactions or other acts of our website users. This also applies to any violations of rights of a third party through the use of our site including, but not limited to, the listing of an item for sale that infringes intellectual property rights. We shall not be held responsible for the failure of the proposed buyer or the seller (as the case may be) to a purchase and sale agreement to complete their obligations under such an agreement.
We do not provide any warranties or assurances in relation to the items you purchase (or attempt to purchase) from third party sellers through our site, and any such warranties and assurances are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller.
You agree not to share any information provided to you by, or on behalf us, with any third party expressly as permitted by our terms. [If you sell or otherwise distribute goods or services or introduce potential buyers to potential sellers that compete with or may otherwise serve as a substitute for our site, you may not use or acquire, or have any other person use or acquire on your behalf, our site.
Pricing of Items
All pricing shown on our site for equipment for sale is not fixed and is subject to amendment. Please note that the exchange rate calculator gives an approximate value based on an external source (European Central Bank). This is a live rate which is updated automatically at your time of viewing. The purchase price (together with any delivery charges) requires to be negotiated between the buyer and the seller. Buyers and sellers should also carefully consider any applicable customs and/ or import duties and taxes as well as any necessary insurance requirements.
Your account and password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
Your user name must not
Contain any swear words or expletives or any words which could be construed as such in any language; or damage our goodwill or reputation or that of any entity with which we are associated including in each case officers, employees, personnel, members and customers; or br /each our or any third party rights; or imply any connection with us. For example, your username must not include the mark “FISHmachinery” or “Stuart Noble Holdings” nor must it use any of our trade marks or any confusingly or colourably similar words or expressions. Username will only be made public to the registered user.
You may terminate your registration at any time, for any reason, with immediate effect by contacting us at [email protected]
We may terminate your registration at any time, for any reason, with immediate effect by contacting you at your last known postal address or email address. Upon termination of your right to use our site, you will no longer have access to any data or information you had previously created, maintained, managed or stored in our site. We are under no obligation to maintain any such data or information.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]
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 may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
No reliance on information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
Limitation of our liability
The material displayed on our site (including advertisement posts) is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We give no warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the information accessible via our site. Without prejudice to the generality of the foregoing, we do not warrant that the use of our site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data.
We will not be liable to any user for any loss or damage, whether in contract, delict (including negligence), br /each of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
Please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, 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 content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
You understand that by using our site you may be exposed to third party content which you may find indecent, offensive or objectionable but you use our site at your own risk and we are not responsible for such third party content.
You understand that we cannot verify the identity of users. This means that some users may not be who they say they are.
Without prejudice to the general limits on our liability referred to above:
we are under no obligation to you to monitor or record the advertisements on our site or other activities of users of our site; we do not assume any responsibility for the quality, safety or legality of equipment advertised on our site; we do not assume any responsibility for the truth or accuracy of any advertisements on our site; we make no promises, warranties or guarantees about your ability to buy or sell equipment using our site; we are not responsible for third parties. For example, it is not our responsibility if a seller does not deliver equipment advertised on our site, if the equipment is not as described or if a buyer does not pay for equipment advertised on our site.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions set out above may not apply to you. Despite the above, if we are found to be liable, our liability to you or any third party (whether in contract, delict, negligence, by statute or otherwise) is limited to the greater of (a) the total fees you pay us in the 12 months prior to the action giving rise to liability, and (b) 100 Pounds Sterling.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site.
You should use your own virus protection software.
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 br /eaching this provision, you would commit a criminal offence under the Computer
Misuse Act 1990. We will report any such br /each 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 br /each, your right to use our site will cease immediately.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our site other than that set out above, please contact [email protected]
Third party links and resources in 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.
To contact us, please email [email protected]
Thank you for visiting our site.