The following User Agreement shall apply to users who register with Newbubbles on or after 01 August 2010. The following describes the terms on which Newbubbles offers you access to our services.
Welcome to Newbubbles. These terms and conditions apply to the services available from the domain and sub-domains of Newbubbles.com. By using these services, you are agreeing to this User Agreement.
The User Agreement constitutes a legally binding agreement between you and Newbubbles. By using these services you are agreeing to abide by the rules and policies in force across this site. Some services may impose additional terms and conditions – these will be specified and available to the user where applied.
Newbubbles users are expected to operate in accordance with the law and to abide by certain trading rules and policies that exist to make Newbubbles a fair, safe and enjoyable business experience
Newbubbles is an educational community that provides an online business environment for the buying and selling of educational products and services. It is not a general auction or marketplace, and does not support the buying and selling of non-educational products and services.
Essentially, the term ‘educational’ refers to any product or service that is offered or bought by users who supply, deliver or receive products and services in ‘the educational sector’. This includes products and services that are purchased/sold by schools, colleges, universities, private companies and suppliers, training agencies, government enterprises, manufacturers, arts houses and theatres, transport supplies, tradespersons, land developers and other service providers who contribute to the business of education.
Whilst there is certain ‘latitude’ in what we will accept as an ‘educational product or service’, users are not expected to exploit this, and if necessary to contact us for clarification. Ultimately, what is considered ‘educational’ is a judgement that only Newbubbles is permitted to determine. Disputes will be resolved by Newbubbles alone and our decision is final. Users that contravene this rule will be permanently excluded from this website and you will not be entitled to reclaim fees from cancelled listings.
The site is founded on the principles of respect, integrity, honesty and transparency and we expect all users to comply with these principles and to enjoy the benefits that Newbubbles offers. Users who fail to comply with these principles threaten the integrity of this environment and are likely to have their account suspended or be permanently excluded from our website.
You may not use our sites and services if you are under the age of 18 or you are not able to form legally binding contracts, or if your Newbubbles membership has been suspended.
While using Newbubbles, you will not:
post, list or upload inappropriate material or descriptions of products which give false or misleading information to attract custom, and/or which could be construed as in breach of consumer or copyright legislation, including the selling of counterfeit and pirate goods;
breach any laws or encourage other users to undertake criminal or potentially criminal actions;
breach any Newbubbles policy or operating rule including the selling of prohibited items;
fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity. All sellers are advised to retain proof of delivery;
circumvent or manipulate our fee structure, the billing process, or fees owed to Newbubbles;
manipulate the price of any item or interfere with other user's listings;
interfere with, manipulate or compromise any information that appears on the Newbubbles website, including the use and potential misuse of customer feedback data for private means (e.g. on other websites) or purposes unrelated to Newbubbles;
take any action that undermines the integrity of the user login, password protection and confidentiality processes, or allow a third party to use your user ID without Newbubbles’s consent;
distribute viruses or any other technologies that may harm Newbubbles, or the interests or property of eBay users;
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
collect information about users, including email addresses, without their consent;
post defamatory, libellous or threatening comments to other users or employees of Newbubbles.
Important Membership Notes
If you are registering with Newbubbles as a business entity, you must be someone who is able to authorise, on behalf of that entity, a legally binding contract. If you are trading as a business on Newbubbles, you must comply with all applicable laws relating to online trading
We will commence supplying our services to you as soon as you accept this Agreement. Unless you and Newbubbles agree otherwise, you will not be able to cancel this Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced.
We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time or to modify or discontinue your Newbubbles membership. You agree not to hold Newbubbles responsible for any loss you may incur as a result of Newbubbles taking this action.
Without limiting other actions, we may issue you with warnings, limit, suspend, or terminate our service and user accounts, restrict or prohibit access to, and your activities on, our sites (including, without limitation, cancelling bids and removing listings), delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you off our website if:
you infringe any Newbubbles policy, rule or and procedure or are judged to be in contravention of the principles laid down in this Agreement.
you threaten, harass, malign or make false accusation against any user or Newbubbles staff.
you threaten Newbubbles with legal action or expose us to financial loss or legal liabilities.
despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us.
your feedback is consistently poor and by allowing you to continue trading, you are likely to jeopardise the integrity of Newbubbles.
you engage in any action that is harmful or destructive to the reputation of Newbubbles.
You agree not to hold Newbubbles responsible for any loss you may incur as a result of Newbubbles taking any of the actions described above.
We strongly encourage buyers and sellers to work together to create a rewarding and efficient trading environment that benefits all Newbubbles users. Should a dispute arise between a buyer and seller, we would encourage the respective parties to try and resolve this between themselves before escalating the dispute to Newbubbles. In almost all disputes, this is the most effective and amicable way of resolving the issue.
Where a dispute is not resolved between the parties, Newbubbles will adjudicate and decide on the best course of action. In doing so, it will expect buyers and sellers to provide all necessary information to support this exercise within a specified timeframe. Failure to provide evidence by any user by will be at the user’s own risk and could influence the final outcome. Decisions to resolve disputes by Newbubbles are final and non-negotiable. Any user’s failure to carry out instructions by Newbubbles as part of the resolution process will normally lead to the ‘offender’s account suspension.
In agreeing to our rules on buyer-seller protection, you accept that Newbubbles may work with Paypal to effect a re-imbursement of monies to the ‘aggrieved’ party where a decision has been made in their favour. Users are expected to comply with these payment requests in a ‘reasonable time’ as part of this Agreement. We define the term ‘reasonable’ as 10 working days.
Newbubbles reserves the right to collect and store personal information you supply as part of your account set-up for the sole purpose of improving the site and its services. We will not rent or sell your personal information under any circumstances, unless you give your consent for us to do this.
It is a requirement of Newbubbles membership that you upload a limited amount of financial information (e.g. credit card and billing details) so that you may buy and sell with efficiency. This information is held in a secure environment.
Newbubbles also enables users to share personal and financial information in order to complete transactions. When users are involved in a transaction, they may obtain access to each other's name, user ID, email address, and other contact information, postal information and financial information. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them.
Similarly, we ask you to respect other users' privacy and disclose your privacy and security policies to them. By law, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.
You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws).
Joining Newbubbles and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees & Tariffs Policy.
We reserve the right to vary user fees & tariffs and will give users 30 days notice of this pending change. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.
Unless otherwise stated, all fees are quoted in GB pounds sterling. You are responsible for paying all fees and applicable taxes associated with using our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is overdue, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us and retaining collection agencies and legal counsel, and for accounts over 90 days overdue, deducting the amount owed from your PayPal account balance.) You agree that we may issue you with invoices in electronic format by email.
Content & Catalogues
As a user of Newbubbles, you grant us the right to use your product listing content for the purposes of data recording, analysis and promotion without imposing on us any restrictions brought about by copyright or trademark.
For sellers, we may present images and text in the form of a catalogue which uses the imagery and descriptions of products listed by other Newbubbles users. We reserve the right to supply these to our members unreservedly and without limitation. Use of catalogues for sellers is for Newbubbles listings only and it is a breach of this Agreement to offer listings via third party sites.
While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree that you will not hold our catalogue providers or us responsible for inaccuracies in their catalogues.
If you choose to include catalogue content in your listings, you continue to be responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with this User Agreement and all Newbubbles policies. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works bases on catalogue content (other than by including them in your listings).
You will not hold Newbubbles responsible for any loss you may incur as a result of Newbubbles taking any of the actions described in this Agreement under ‘Abusing Newbubbles’.
We do not review users’ listings or content and are not involved in the actual transaction between buyers and sellers. The only products that we possess are those that are marketed as ‘Newbubbles products’, and which contain our logo and branding.
While we may help facilitate the resolution of disputes through various programmes, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the truth or accuracy of feedback or other content posted by users on our sites, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item.
Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on one of our sites.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. Newbubbles cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.
We cannot guarantee continuous or secure access to our services, and operation of our sites may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly, out of your use of or your inability to use of our sites and services.
Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
Release & Notices
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
We shall send notices to you by email to the email address you provide to Newbubbles during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.
You agree that you will only use our sites and services in accordance with this Agreement.
You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this Agreement or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Third party rights
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 User Agreement.
Resolution of disputes
Any claim, dispute or matter arising under or in connection with this Agreement shall be governed and construed in all respects by the laws of England and Wales. English Law will apply in all cases of legal dispute between Newbubbles and You.
The following policies are part of this Agreement and provide additional terms and conditions related to specific services offered on our site. We expect you to read all of the linked documents carefully:
Each of these policies may be changed from time to time. Changes take effect when we post them on the Newbubbles site. All such policies or rules are hereby incorporated into this Agreement.
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.
In our sole discretion, we may transfer our rights and obligations (also known as “assign”) under this Agreement in accordance with the Notices Section (but without your prior express consent), provided that we assign the Agreement on the same terms or terms that are no less advantageous to you.
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. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time and will give users 30 days notice of an impending change.