Terms and Conditions

Introduction

These terms and conditions incorporate the Auction My Waste User Privacy Notice and Mobile Device Terms and sets out your rights and responsibilities when using www.auctionmywaste.com (the Site) to advertise, offer, sell or purchase waste (the Services). You agree to comply with these terms and conditions when accessing the Site or using the Services.

Online content, contract and disputes

  1. The contract for the sale and purchase of any waste is directly between buyer and seller. Auction My Waste is not a traditional auctioneer.
  2. Auction My Waste does not possess anything listed or sold through its Site and is not involved in the physical transaction between buyers and sellers. Auction My Waste provides the venue and platform to advertise and bid for waste. Auction My Waste does not make any warranties about the waste quality, safety or legality.
  3. While we may provide advertisement listings and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not.
  4. Auction My Waste does not review or police users' listings or content.
  5. While we may help facilitate the resolution of disputes through various programmes, Auction My Waste has no control over and does not guarantee or warrant;
    • The existence, quality, safety or legality of items advertised
    • The truth or accuracy of users’ content, listings or feedback
    • The ability of sellers to sell items
    • The ability of buyers to pay for items
    • That a buyer or seller will complete a transaction.

Using the Site

  1. In connection with using or accessing the Site, you will not:
    • Post, list or upload content or items in inappropriate categories or areas on our Site
    • Breach or circumvent any laws, third party rights or our systems or policies
    • Infringe the rights of third parties
    • Use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;
    • Fail to pay for items purchased by you, unless you have a valid reason as set out in an Auction My Waste policy or the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the lister
    • Fail to make available waste listed by you, unless you have a valid reason as set out in an Auction My Waste policy, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer
    • Manipulate the price of any item or interfere with any other user's listings
    • Post false, inaccurate, misleading, defamatory or libellous content
    • Take any action that may undermine the feedback or ratings system
    • Transfer your Auction My Waste account (including feedback) and user ID to another party without our consent
    • Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes
    • Use the contact information of other users for any purpose other than in relation to a specific Auction My Waste transaction (which includes using this information to send marketing materials directly to Auction My Waste users unless the user has given explicit consent to receiving these materials)
    • Distribute viruses or any other technologies that may harm Auction My Waste, the Site, or the interests or property of Auction My Waste users
    • Use any robot, spider, scraper or other automated means to access our services for any purpose
    • Bypass our robot exclusion headers, interfere with the working of our services, or impose an unreasonable or disproportionately large load on our infrastructure
    • Export or re-export any Auction My Waste application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions
    • Copy, modify, or distribute rights or content from our services or Auction My Waste's works of authorship, designs and trademarks
    • Copy, reproduce, reverse engineer, modify, create derivative works from, distribute, perform or publicly display any content (except for your information) from our services without the prior express written permission of Auction My Waste and the appropriate third party, as applicable
    • Commercialise any Auction My Waste application or any information or software associated with such application
    • Harvest or otherwise collect information about users, such as email addresses, without their consent, or circumvent any technical measures we use to provide the Services.
  2. If you register with Auction My Waste as a business entity, you represent that you have the authority to legally bind that entity.
  3. If you trade as a business on the Site, you must comply with all applicable laws relating to your waste carriers license (please see listings, items and the law for more information on the legal requirements for the carrying and disposal of waste in the UK).
  4. You agree that we will commence supplying our Services to you as soon as you accept these terms and conditions. You can cancel the agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. We may recoup the cost of any Services provided up to the point of cancellation.
    We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our services.

Abusing Auction My Waste

  1. Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on our Services.
  2. We may also cancel bids, remove or demote 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 from using our Services if:
    • We think that you are creating problems or possible legal liabilities
    • We think that such restrictions will improve the security of the Auction My Waste community or reduce our or another Auction My Waste user's exposure to financial liabilities
    • We think that you are infringing the rights of third parties
    • We think that you are acting inconsistently with the letter or spirit of these terms and conditions or our policies or abuse our employees or users;
    • Despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or you fail to make full payment of any fees due for our Services by your payment due date.
  3. When a buyer or seller issue arises we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both bidders and listers.

Fees

  1. The fees we charge for using our Services are listed on our seller fees page. We may change our fees, or introduce new fees from time to time by posting the changes on the Site 30 days in advance.
  2. You may close your account without penalty within 30 days of such notice being given.
  3. You are required to have a payment method on file when bidding on the Site. If your payment method fails or your account is overdue, we may collect fees owed by charging other payment methods on file and retaining collection agencies or legal counsel.

Listing conditions

  1. When listing an item, you agree to comply with the rules for listing and selling practices policy and that:
    • You are responsible for the accuracy, content and legality of the item listed and agree to list in accordance with the listings policy and any legal restriction for hazardous materials
    • Your listing may not be immediately searchable by postcode or category for up to 24 hours. Auction My Waste does not guarantee exact listing durations
    • Content that violates any of Auction My Waste's policies may be deleted at Auction My Waste's discretion
    • Where your listing appears in search and browse results may be based on certain factors such as listing format, title, bidding activity, end time, keywords, price and feedback, Auction My Waste policy compliance.

Purchase conditions

  1. When buying an item, you agree to comply with the rules for buyers and that:
    • You are responsible for reading the full item listing before making a bid or commitment to buy
    • You enter into a legally binding contract to purchase an item when you commit to buy an item, or if you have the winning bid (or your bid is otherwise accepted).

Content

  1. When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sub licensable (through multiple tiers) right to use the content (including without limitation, creating and using derivative works). You represent that you have all necessary rights to the content and that you’re not infringing or violating any third party’s rights by posting it.
  2. You also authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future.
  3. To the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicenses or our assignees.
  4. We may offer, license or otherwise make available for your use catalogues of stock images, descriptions, product specifications, and other content, which may be provided by third-parties (including Auction My Waste users).
  5. You may use such catalogue content solely in connection with your Auction My Waste listings during the time your listings are on the Auction My Waste's Site. That permission is subject to modification or revocation at any time at Auction My Waste’s sole discretion.

Additional terms

  1. Returns
    • As all waste is a collect at site transaction, a returns policy is unnecessary and inappropriate. It is the buyer’s and seller’s responsibility to settle any queries and concerns over the description, content or removal of waste at the point of collection.
    • There is no liability or responsibility for Auction My Waste in any transaction or disputes between a buyer and seller
  2. Money back guarantee
    • As all waste is a collect at site transaction, a money back guarantee is unnecessary and inappropriate. It is the buyer’s and seller’s responsibility to settle any queries and concerns over the description, content or removal of waste at the point of collection.
    • There is no liability or responsibility for Auction My Waste in any transaction disputes between buyer and seller.
  3. Correcting mistakes in payments to buyers and sellers
    • We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting via the payment method used for the Auction My Waste transaction.

Liability

  1. We try to keep Auction My Waste and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.
  2. Bid update and other notification functionality in Auction My Waste's Services may not occur in real time. Such functionality is subject to delays beyond Auction My Waste's control.
  3. The Services is provided “as is” and on an “as available” basis. We give no warranty that the Services will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
  4. To the fullest extent permitted by law, we (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any losses, such as loss of data, profits, revenue, business, opportunity, consequential, goodwill, reputation or business interruption or for any losses arising, directly or indirectly from:
    • Your use of or your inability to use our Services
    • Pricing or other guidance provided by Auction My Waste
    • Delays or disruptions in our Services
    • Viruses or other malicious software obtained by accessing, or linking to, our Services
    • Glitches, bugs, errors, or inaccuracies of any kind in our Services
    • Damage to your hardware device from the use of any Auction My Waste service
    • The content, actions, or inactions of third parties, including items listed using our Services
    • non-availability of the Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
    • A suspension or other action taken with respect to your account
    • The duration or manner in which your listings appear in search results as set out in the listing conditions section; or
    • Your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to these terms and conditions or our policies.
  5. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages. Such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.
  6. 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.
  7. 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. Auction My Waste 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
  8. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of;
    • any amounts up to the commission charged for the item sold on Auction My Waste
    • the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability
    • £100.
  9. Nothing in these terms and conditions 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.

Compensation

  1. You will indemnify us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any liabilities, costs, expenses, damages and losses (including but not limited to any direct or indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses suffered or incurred by us arising out of or in connection with any breach by you of these terms and conditions, your improper use of Auction My Waste’s Services or your breach of any law or the rights of a third party.

General

  1. If any provision of these terms and conditions is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
  2. We may assign our rights and obligations under these terms and conditions in accordance with the below (but without your prior express consent), provided that we assign the terms and conditions on the same terms, or terms that are no less advantageous to you.
  3. Headings are for reference purposes only and do not limit 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. We do not guarantee we will take action against all breaches of these terms and conditions.
  4. If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) 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.
  5. We may amend these terms and conditions at any time by email or by posting the amended terms on our website.
  6. All amended terms shall automatically be effective 30 days after they are initially posted.
  7. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.
  8. These terms and conditions may not be otherwise amended except through mutual agreement by you and an Auction My Waste representative authorised to do so.
  9. The policies posted on our site may be changed from time to time. Changes take effect when we post them on the Auction My Waste Site.
  10. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these terms and conditions. A person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions but this does not affect any right or remedy of a third party specified in these terms and conditions or which exists or is available apart from that Act.
  11. The terms and conditions and the Auction My Waste user polices posted on our site are the entire agreement between you and Auction My Waste and supersede all prior understandings and agreements of the parties.
  12. Legal notices shall be served by registered mail to:
    Auction My Waste
    Old Bank Business Centre, 43-45 Church St,
    Darlaston, Wednesbury, West Midlands WS10 8DU.
  13. We shall send notices to you by email to the email address you provide to Auction My Waste during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.
  14. 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.

Did You Know

Households produce around 30 million tonnes of waste each year, with only 17 per cent of it actually recycled Let's work together to do better!

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