Standard Terms and Conditions
The services available at http://www.bobex.co.uk are provided by Bobex.com S.A. of 12 /6, Square Sainctelette, B-1000 Brussels, Belgium.
By agreeing to this User Agreement, you also agree that your use of other Bobex web sites will be governed by the terms and conditions posted on those web sites.
We may amend this Agreement at any time by giving you notice by e-mail or by posting the amended Agreement on our site. Any amended Agreement will govern new user registrations from the date that it is posted on our website. Existing users will be bound by the amended Agreement after the expiry of 30 days following the posting or date of notice. No other amendment to this Agreement will be effective unless made in writing, signed by you and by Bobex.
This Agreement is effective on 1st November 2003 for new registering users.
Our services are not available to persons under the age of 18 years or to temporarily or indefinitely suspended Bobex members. If you do not qualify, please do not use our services. If you are registering as a business entity, you must have the authority to bind the entity to this Agreement.
You select a User ID and are allocated a password on completion of registration. Hereafter User ID is used to describe both User Id and password. You are responsible for all actions taken under that User ID. It is your responsibility to keep your User ID. You have no right to disclose or transfer your User ID to any other person.
Joining Bobex as a buyer and submitting requests for proposals is free. If you wish to respond to requests you have to register as a supplier and purchase a subscription or a credit pack. Our fee structure for suppliers forms part of this Agreement. We may change this policy at any time.
Subscriptions are renewed automatically for a period of at least 12 months, unless the supplier cancels his/her subscription in writing by registered letter to Bobex.com (see Clause 12) at least one month prior to the subscription expiry date.
To compensate for inflation and cost increases, subscription prices may be increased annually by 4.4%. Under no condition can subscription or credit pack fees be reimbursed during or after the subscription period or validity period, whichever is applicable. Subscriptions and credit packs are not transferable from one supplier or user to another supplier or user.
All invoices issued by Bobex are payable within 30 days from the date of issue. New supplier accounts are activated only when the appropriate fees have been paid in full. Any invoice remaining unpaid on its due date attracts an interest charge at the rate of one percent per month from that due date. For the purposes of calculating this interest, each month commenced when an invoice remains outstanding is considered to be a complete month. In addition, compensation of a minimum of £50.00 for debt recovery costs will be added to the invoice total.
Every supplier that registers with Bobex commits not to submit offers that are misleading, disparaging, or incorrect or which they cannot execute.
Our website contains robot exclusion headers and you agree that you will not use or induce the use of any robot, spider, other automatic device, or manual process to monitor or copy our website or the content contained therein without our prior express written permission. You agree that you will not use or induce the use of any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of our website or any auction being conducted on our website. You agree that you will not take any action that imposes or may lead to an unreasonable or disproportionately large load on our infrastructure. Much of the information on our website is updated on a real time basis and is proprietary or is licensed to Bobex by our users or third parties. You agree that you will not and will not induce others to copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior express written permission of Bobex or the relevant Bobex user.
Without limiting our other remedies, we may immediately issue a warning, suspend or terminate your user registration and refuse to provide our services to you without notice to you: (a) if you breach this Agreement or the documents incorporated by reference; (b) if we are unable to verify or authenticate any information you provide to us ; or (c) if we believe that your actions may cause legal liability for you, our users or us.
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our website may be interfered with by numerous factors outside of our control.
Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our servants, agents or employees. Subject to the foregoing, in so far as is allowed under English law we will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this Agreement.
Bobex will not be liable in any way for failure or delay in performing its obligations, when such failure or delay is due to force majeure or an act of god, including war or warlike conditions, blockade, international sanctions or embargo, serious accidents, fire, flood, strikes or lock-outs, breakage or theft of machinery, government intervention, civil insurrection.
We also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
Our liability to you or any third party in any circumstance is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) £100.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party.
Unless otherwise explicitly stated, notices to Bobex must be sent by registered mail to Bobex.com S.A. Square Sainctelette 12/6, B-1000, Belgium and notices to you will be sent to the email address that you provide to Bobex during the registration process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail. Notices sent by registered mail will be deemed received 3 days following the date of mailing.
This Agreement shall be governed by and construed in accordance with English law and subject to the non-exclusive jurisdiction of the English courts.
Disputes between you and Bobex regarding our services may be reported to Bobex Customer Support. Any controversy or claim arising out of or in connection with this Agreement may at our discretion be settled by binding arbitration by reference to an arbitration tribunal designated by Bobex. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the U.K., and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Bobex, in our sole discretion, to a third party in the event of a merger or acquisition. You and Bobex are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to its subject matter.
Sections, 3 (Fees), 4 (Your Information), 5 (Access and Interference), 9 (Limitation of Liability), 10 (Indemnity), 12 (Governing Law), 13 (Dispute Resolution) and 14 (Third Party Rights) shall survive any termination of this Agreement.
If you have any questions, please contact customer support.
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