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    TERMS OF USE

    GENERAL TERMS AND CONDITIONS FOR USING THE SERVICES AVAILABLE THROUGH THE SPIN SHED WEBSITE

    Last Updated on [October 29, 2017]

     

    1. ACCEPTANCE OF THE TERMS

    Thank you for using Spin Shed. These General Terms of Use (together with the other documents and policies referred to on this page) (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Spin Shed website at https://www.spinshed.com/ https://www.spinshed.co.uk (the “Website”), including but not limited to delivery of information via the Website.

    Spin Shed provides an online marketplace to help facilitate the purchase and sale of Products via the Website. Spin Shed is neither a buyer nor a seller of the Products. Should you purchase a Product through the Website the sale contract is formed between you and the Seller. Spin Shed is not a party to that contract, is not liable under the contract for any claim or dispute arising out of or in connection with it. Spin Shed provides only product listing and payment processing services, and is not acting as the agent of any Seller. 

    Any contract for the sale of a Product through our Website will include these Terms. Each time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

    Our contract with you for the provision of product-listing and payment processing services comprises these Terms, and any other terms referred to on this page.

     

    Please read these Terms carefully. 

    By accessing or using the Website, you are agreeing to these Terms and concluding a legally binding contract with Spin Shed Ltd, a company incorporated and existing under the laws of the United Kingdom. Do not access or use the Website if you are unwilling or unable to be bound by the Terms.

    Please read these Terms carefully before you start to use the Website, as these will apply to your use of the Website. We recommend that you print a copy of these Terms for future reference. By using the Website, you confirm that you accept these Terms and that you agree to comply with them.

     

    2. DEFINITIONS 

    We

    "We" or "us" refers to Spin Shed Ltd.

    Spin Shed Ltd. is a company incorporated and existing under the laws of the United Kingdom, registered with company number 10892565 and having its registered office at 130 Old Street, London, EC1V 9BD, United Kingdom.

    User

    "User" or "you" or "your" refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of buying products or services, sharing, displaying, hosting, publishing, transacting, uploading information or viewing pictures and includes other persons jointly participating in using the Services, including without limitation a user having access to the User Account features of the Website.

    Seller

    A “Seller” is a person or an entity selling their products through the Spin Shed Website.

    Services

    "Services" includes any and all services, which Spin Shed may offer to the User, through the Website, including but not limited to product-listing and payment processing services, and providing the ability to access to the Website itself.

    Products

    “Products” means any products sold by a Seller through the Website.  

    Spin Shed offers a marketplace for Sellers to promote and sell their products to Users. If any such purchase of products offered by a Seller is made by the User, this creates a legally binding contract between the User and the Seller. Any Seller terms and conditions that are in conflict with the present Terms shall override the present Terms. Sellers are also Users of the Website and are therefore also bound by these Terms when using the Website. 

    User Account

    "User Account" is a separate part of the Website, containing User information requested by Spin Shed during the registration process. The User Account is accessed by the User by entering an email and a password.

    Content

    "Content" will include (but is not limited to) products, images, photos, audio, video, location data, 'nearby places', and all other forms of information or data.

    Your Content

    "Your Content" or "User Content" is the content, submitted by you, as a User of the Website. It includes, but is not limited to what you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, User Account information, and any other materials that you publicly display or are displayed in your User Account profile. If you are a Seller, it also includes all information uploaded by you on your Product Page.

    Spin Shed Content

    "Spin Shed Content" means content that Spin Shed creates and makes available in connection with the Services, including, but not limited to: visual interfaces, interactive features, graphics, design, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with the activities associated with your User Account and all other elements and components of the Services excluding Your Content and Third Party Content.

    Third Party Content

    "Third Party Content" means content that comes from parties other than Spin Shed or its Users and is available in or through the Services.

     

    3. USING THE SERVICES

    Eligibility

    You hereby represent and warrant that you are at least thirteen (13) years of age or above and are fully able and have capacity to understand and agree to these Terms.

    Compliance with laws

    You are responsible for complying with all laws and regulations in the country in which you live when you access and use the Services.

    You may use the Website for lawful purposes only. You may not use the Website:

    • in any way that breaches any applicable local, national or international law or regulation;
    • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
    • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

    Website Availability

    The Website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

    We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.

    You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

    The Website is operated from the United Kingdom. We do not represent that content available on or through the Website is appropriate or available in other locations. We may limit the availability of the Website or any service or product described on the Website to any person or geographic area at any time. If you choose to access the Website from outside the United Kingdom, you do so at your own risk.

    User Accounts

    You must create a User Account and provide certain information about yourself in order to use (some of) the Services that are offered through the Website. You are responsible for maintaining the confidentiality of your User Account password. You are also responsible for all activities that occur in connection with your User Account. You agree to notify us immediately of any unauthorised use of your User Account. We reserve the right to close your User Account at any time, or to reject any application for registration, for any or no reason, at our sole discretion.

    Your User Account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Website. You may not impersonate someone else, create or use a User Account for anyone other than yourself, or create multiple accounts. If you are using a pseudonym, please note that some people may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with Spin Shed. Please read our Privacy Policy for more information.

    You warrant that the information provided during the registration process is true, correct and complete.

    You undertake to immediately notify us in the event that any of your information changes so as to ensure that the information we hold on record for you is up-to-date and accurate.

    We reserve the right to terminate your account at any time immediately and without notice in the event that you are in breach of any of these Terms, or for any other reason.

    Communications from Spin Shed

    By creating a User Account, you agree to receive certain communications in connection with the Website.

     

    4. CHANGES TO THE TERMS

    Spin Shed may amend, change or update these Terms of Service, from time to time, entirely at its own discretion. You shall be responsible for checking these Terms, from time to time, and ensuring continued compliance with these Terms. Your use of the Services after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed Terms and an assent to be bound by such changed/amended Terms. 

     

    5. TRANSLATION OF THE TERMS

    Spin Shed may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with Spin Shed. In case there are any inconsistencies between the English version of the Terms and its translated versions, the English version of the Terms shall prevail.

     

    6. CONTENT

    Responsibility for Your Content

    You are responsible for Your Content. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, disclosure or truthfulness of information. You represent that you are competent to publish Your Content. You may not imply that Your Content is in any way sponsored, produced or endorsed by Spin Shed.

    You may expose yourself to liability if, for example, the content you publish contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including hate speech or pornography; harms minors; or violates or advocates the violation of any law or other legal regulation.

    If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual experience that you had using the Website and its Services; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to post a review that was not a fair expression of your honest opinion. User reviews do not reflect the opinion of Spin Shed. Spin Shed reserves the right not to publish or to remove any given review.

    Right to use Your Content

    By submitting Your Content, you hereby irrevocably grant us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide right to use Your Content. This includes the right to sub-license and transfer any rights in Your Content.

    By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote and create derivative works.

    You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive any claims and assertions of moral rights with respect to Your Content brought against us, any third party services and our and their users.

    Ownership of Content

    You own Your Content. We own the Spin Shed Content, including but not limited to visual interfaces, interactive features, graphics, design, compilations, including (but not limited to) our database of user content and other Website content, computer code, software, aggregate user review ratings, and all other elements and components of the Website, excluding User Content and Third Party Content.

    We also own the copyrights, trademarks, trade names, and other intellectual and proprietary rights ("IP Rights"), associated with the Spin Shed Content or the Website. This means that you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the Spin Shed Content, in whole or in part, except as expressly authorised by us.

    Content Removal

    We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms, or otherwise harmful to the Services or our Users in our sole discretion.

     

    7. RESTRICTIONS

    Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including reviews) or engage in any activity that, in our sole discretion:

    i. Violates any third party's rights, including copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

    ii.   Violates these Terms;

    iii.  Violates any UK law or any other applicable law;

    iv.  Threatens, harms, harasses others, or promotes discrimination;

    v.   Promotes violence;

    vi.  Contains any material which is obscene, offensive, hateful or inflammatory

    vii.  Is in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

    viii. Promotes a business or other commercial venture or event, or otherwise uses the Website for commercial purposes other than with our written consent;

    ix.  Engages in keyword spamming, or otherwise attempts to manipulate the Website's search results;

    x.  May be deemed to be an attempt to impersonate any person, or to misrepresent your identity or affiliation with any person;

    xi. Solicits personal information from minors, or submits or transmits pornography

    xii. Gives the impression the content emanated from Us, if this is not the case.

       

      Apart from that, the User agrees not to:

      i.  Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works, publicly display, sell, trade, or in any way exploit the Website or its content;

      ii.  Access without authority, interfere with, damage or disrupt:

      a. any part of our Website;

      b. any equipment or network on which our Website is stored;

      c. any software used in the provision of our Website; or

      d. any equipment or network or software owned or used by any third party

      iii.  Use any robot, spider, site or mobile app search/retrieval application in the Website;

      iv.  Make attempts to reverse engineer any portion of the Website;

      v.   Remove or modify any IP Rights notice that appears on any portion of the Website or on any materials printed or copied from the Website;

      vi.  Record, process, or mine information about other Users and clients;

      vii.  Attempt to gain unauthorised access to the Website, the User Accounts, computer systems or networks connected to the Website, through hacking, password mining or any other means;

      viii. Use the Website, or any content to transmit any computer viruses, worms, trojan horses or other items that could be of a destructive nature (collectively, "Viruses").

         

        Linking to the Website

        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 the Website in any website that is not owned by you. 

        The Website must not be framed on any other website, nor may you create a link to any part of the Website other than the home page.

        We reserve the right to withdraw linking permission without notice.

        The website in which you are linking must comply in all respects with the content standards set out in these Terms.

        If You wish to make any use of content on the Website other than that set out above, please contact us using the details at the foot of this page.

        When a particular action is not explicitly referred to in this clause, but is an obvious violation of this section 7, the clause should be interpreted broadly, in favour of Spin Shed, and this action should be considered as if it was included in this clause.

        You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.

         

        8. RELATIONSHIP WITH OTHER GUIDELINES AND POLICIES

        Sellers are also bound by the Seller’s Terms and Conditions. The Seller’s Terms and Conditions outline the relationship between Spin Shed and each Seller who advertises products on the Website.

        We process your personal data in accordance with our Privacy Policy, and we operate cookies in accordance with our Cookie Policy. You can always retrieve the current version of these here. In particular these data protection provisions govern and explain the extent to which your personal data is collected, processed, can be seen by other Users and what options you have for controlling its disclosure to other Users and third parties.

        Please have a careful look at our Privacy and Cookie Policies to learn more about the way we process and handle your personal information.

         

        Gift Voucher Terms

        These Terms shall apply to gift vouchers obtained on or through and applied and/or used on the Spin Shed website. Upon using a valid gift voucher in accordance with this section, Spin Shed will apply its own funds towards the purchase of products offered, promoted or advertised by Sellers on the Spin Shed Website.

        Gift vouchers comprise an arrangement between the User and Spin Shed, pursuant to which Spin Shed will pay some or all of a Seller’s quoted price for a particular product. Sellers do not directly accept gift vouchers as payment for any goods and services sold on the Website. Gift vouchers cannot be used to purchase other gift vouchers. One or more gift vouchers can be used in a single order. Spin Shed shall not be responsible if a gift voucher is lost, stolen, damaged, impaired, corrupted, destroyed, deleted or used without permission. Gift vouchers cannot be redeemed for cash and are not transferable or assignable.

        Each gift voucher has an expiry date. A user shall not be entitled able to use, refund or replace a gift voucher that has already expired.

         

        Loyalty Reward Points Terms

        Spin Shed may offer Loyalty Reward Points (“Points”) which will be received for making purchases, writing reviews, recommending Spin Shed to friends and talking about Spin Shed on social media.  These can be redeemed at the payment stage of the process.

        Points are awarded under a fair use policy. If a User spends time sharing the Spin Shed Website and referring prospect clients, or writing informative and helpful reviews, those points will be awarded in the given User’s User Account, but always at the sole discretion of Spin Shed.

        Upon redemption of Points in accordance with this section, Spin Shed will apply its own funds towards the purchase of the Products offered, promoted or advertised on the Spin Shed website.

        The issue and use of Points comprise an arrangement between the User and Spin Shed, pursuant to which Spin Shed will pay some or all of a Seller’s quoted price for a particular product. Sellers do not directly accept reward points as payment for any goods and services sold on the Website. Please note that Points are offered as gesture of goodwill between Users and Spin Shed; Spin Shed may cancel any Points issued at any time at its sole discretion.  

        Where a refund is provided for a Product that was purchased using Points or a gift voucher, Spin Shed will refund the User for the portion of the Product price that was purchased using such Points or gift voucher. The refund provided by Spin Shed will be by way of Points or gift voucher (as applicable).  

         

        9. THIRD PARTY WEBSITES AND CONTENT 

        The Services (including the Website) may contain links to other websites (“Third Party Websites”). Articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, Seller products and Third Party Content may also be shown or advertised to the User. This information and these links are provided for your information only - such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, safety or completeness by Spin Shed and Spin Shed is not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website.

        You agree that we are not responsible for the availability of products from Sellers or Third Party Content of such Third Party Websites. Your use of Third Party Websites is solely at your own risk.

         

        10.  ADVERTISING

        The Services may be supported by advertising revenue and may display advertisements and promotions.

        Parts of the Website may contain advertising information or promotional material or other material submitted to Spin Shed by third parties. Responsibility for ensuring that material submitted for inclusion on the Website complies with the applicable international and national laws is on the party providing the information/material.

        Your correspondence or dealings with advertisers other than Spin Shed found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. Spin Shed will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertisers on the Website.

         

        11. USER FEEDBACK, SUGGESTIONS AND IMPROVEMENTS

        By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties; (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (iii) we may have something similar to the Feedback already under consideration or in development; and (iv) you grant us an irrevocable, non-exclusive, world-wide, royalty-free, perpetual right to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, against Spin Shed and its Users, any claims and assertions of any moral rights contained in such Feedback.

         

        12. PAYMENT

        Payment is made exclusively by credit/debit card, PayPal and Apple Pay. We accept Visa, Mastercard, Maestro, and American Express. All credit/debit cardholders are subject to validation checks and prior authorisation by the card issuer. If you are not using your own credit/debit card to pay for the subscription or order, you must ask the permission of the credit/debit cardholder before entering the payment details. Payment for products is in advance - by clicking "Submit" you are confirming that you have obtained the express prior permission of the credit/debit cardholder. Following clearance, payment will be debited from your account upon receipt of your subscription/order by Spin Shed 

        By making Your payment using a payment processor such as PayPal or Apple Pay, you agree to their respective terms and conditions in relation to the processing of your payment. We do not guarantee and shall not be liable to You in any way in respect of the performance or reliability of the services provided by the payment processors. Any personal information given by You to the Payment Processors shall be used in accordance with their respective privacy policies.

        If the issuer of your payment card refuses to authorise payment to Spin Shed Ltd., we will not be able to process your subscription request or order and a message will appear informing you that the transaction cannot be processed. Spin Shed, together with its business partners, takes all reasonable care to ensure that its payment system is secure.

        All payment card transactions made through the Website are processed using a secure online payment gateway (Secure Socket Layer (SSL) technology) that encrypts your card details in a secure hosting environment. We do not hold your payment card details on the Spin Shed Ltd. server.

         

        13. ORDERS, RETURNS AND COMPLAINTS

           When you purchase Products through the Website, you agree and acknowledge that:

          a. you accept these Terms and the terms referred to herein;

          b. you accept the policies and terms and conditions of any Seller who sells Products to you;

          c. you are responsible for payment of any and all fees and expenses charged by the Seller (including delivery charges, if applicable) arising in connection with the Sale of Products;

          You further acknowledge that Spin Shed does not manufacture, store, or inspect any of the items sold through our Services. The items on the Website are produced, listed, and sold directly by independent Sellers (in some cases Sellers will instruct Spin Shed to upload information to that Seller’s Product page) - Spin Shed does not make any warranties about their quality, safety, or legality of any products or the accuracy or completeness of any product information.

          You hereby waive any claim against Spin Shed and release Spin Shed from any liability in connection with any claims relating to items sold through our Services, including for defective items, misrepresentations by Sellers, or items that caused physical injury (such as product liability claims).

          The above paragraphs do not affect any rights that you may have in relation to a particular product or Seller.  

          Each order you place shall be deemed to be an offer by you to purchase the products offered, promoted or advertised by a given Seller. Orders are also subject to the information shown on the product page and the given Seller’s policies and terms and conditions, if available.

          The Seller shall be deemed to have accepted an order until the Seller dispatches the relevant product. Spin Shed will issue an e-mail confirmation to you, once the Seller has confirmed the dispatch. The contract between the User and a given Seller will only concern those products notified in the email acknowledgement of the order sent by Spin Shed.

          It shall be the responsibility of the Seller to provide Users with details of the method of delivery, postage and packing of a particular product. The Seller may do this using the Website. The delivery costs for each Seller may vary depending on the delivery methods a Seller offers. Spin Shed makes no warranties or representations in respect of the accuracy or completeness of any information displayed on the Website relating to the price of a product or the delivery or packaging information relating to that product.

          Any and all complaints relating to the products purchased from a Seller by a User shall be directed to that particular Seller via email. If you have made a complaint and have exhausted all of the dispute resolution options available to you with the Seller, the European 'Online Dispute Resolution Platform' can be accessed by following the link: http://ec.europa.eu/odr.

           

          Returns

          The information in this section is intended for your information only, and shall not be construed as the giving of any undertaking by Spin Shed in respect of the refund or return of any product. The contract for sale is between a User and a Seller, and so the applicable statutory rights are binding between each Seller and the User.

          This summary to your statutory rights is provided as a summary only, and should not be relied upon in the event of a dispute with any Seller. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

          • If you are a consumer, the Consumer Contracts Regulations 2013 give you 14 calendar days from the day you receive your goods to cancel your purchase.
          • You are responsible for returning the item within 14 calendar days of cancelling and refunds must be paid by Sellers within 14 calendar days after returning the goods, or evidence that they were returned.
          • During the expected lifespan of your product your legal rights entitle you to the following:
            • up to 30 days: if your goods are faulty, then you will be entitled to a refund;
            • up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases;
            • up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

           

          14. INDEMNITY

          You are responsible for maintaining the confidentiality of your username, password and your User Account, as well as all activities that occur under your User Account.

          You hereby agree to indemnify and hold us, our licensors, licensees, distributors, agents, representatives, resellers, distributors, service providers, parent, subsidiaries, affiliates, partners, officers, contractors, subcontractors, employees and suppliers, harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions) incurred by the above mentioned in connection with any claim made by any third party arising out of any breach by you of these Terms or any documents referred to within these Terms,  or claims arising from your use of the Website and/or your User Account.

          You agree to cooperate with us in the defence of any such claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you. We will use reasonable efforts to notify you of any such claim, action or proceeding.

           

          15. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

          YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT, PERMITTED BY APPLICABLE LAW, SPIN SHED LTD. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SERVICES AND SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, OR YOUR USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON THE WEBSITE.

          IN PARTICULAR, WE DO NOT WARRANT OR REPRESENT THAT (I) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE MAY BE TRADED OR SUITABLE FOR A SPECIFIC PURPOSE, (II) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION AND ERRORS, (III) DEFECTS WILL BE RECTIFIED, (IV) THERE ARE NO BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, FOLLOWING THE ACTIONS OF THIRD PARTIES, (V) THE SECURITY METHODS USED WILL BE SUFFICIENT FOR THE PROTECTION OF THE SERVICES AND THEIR USERS, AND (VI) WITH REGARD TO THE CORRECTNESS, ACCURACY OR RELIABILITY, THERE WILL BE NO LOSS OF DATA, CONTENT OR INFORMATION.

          DOWNLOADING OR OTHERWISE OBTAINING MATERIALS THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE, TABLET OR OTHER DEVICE OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL. SPIN SHED WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SPIN SHED SERVICES, INCLUDING THE REGISTERED SELLERS ON OUR WEBSITE. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES.

          THE COMMUNICATION WITH SPIN SHED, WHETHER WRITTEN OR ORAL, IN CONNECTION WITH THE SERVICES SHALL NOT CREATE ANY WARRANTIES THAT ARE NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORISED TO DO SO IN WRITING, YOU AGREE THAT WHEN USING THE SERVICES, YOU WILL NOT USE ANY TRADEMARK, TRADE NAME OR LOGO OF ANY COMPANY OR ORGANISATION IN A WAY THAT IS LIKELY TO CAUSE CONFUSION ABOUT THE OWNER OF SUCH MARKS, NAMES OR LOGOS.

          SPIN SHED MAKES NO PROMISES WITH RESPECT TO ANY THIRD PARTIES, INCLUDING SELLERS WHO SELL, PROMOTE OR ADVERTISE PRODUCTS USING THE SPIN SHED WEBSITE OR OTHER USERS OF THE SERVICES. SPIN SHED IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER, BUSINESS OR SELLER MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH OUR SERVICES OR ANY OTHER GOODS OR SERVICES PROMOTED OR FEATURED ON THE WEBSITE.

          YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK.

          WE DO NOT GIVE ANY GUARANTEE THAT PRODUCTS YOU PURCHASE FROM SELLERS THROUGH THE SPIN SHED WILL BE OF SATISFACTORY QUALITY, AND THIS AND ANY OTHER SUCH WARRANTIES (WHETHER EXPRESS OR IMPLIED) ARE DISCLAIMED BY US ABSOLUTELY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS, HOWEVER, DOES NOT LIMIT YOUR LEGAL STATUTORY RIGHTS AGAINST A GIVEN SELLER.

          WE DO NOT REVIEW OR CONTROL, AND ARE NOT RESPONSIBLE IN ANY WAY FOR THE PRODUCTS SOLD, ADVERTISED OR PROMOTED BY SELLERS AND AT NO TIME DO WE POSSESS ANY PRODUCTS OFFERED FOR SALE BY THOSE SELLERS THROUGH THE WEBSITE.

          SPIN SHED'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE ACTUAL OUT-OF-POCKET AMOUNT PAID BY YOU TO SPIN SHED FOR ACCESSING THE WEBSITE AND THE SERVICES.

          SPIN SHED DISCLAIMS LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS AND RESULTING DAMAGE, (III) BUSINESS INTERRUPTION OR LOSS OF ANTICIPATED SAVINGS, (IV) REPUTATIONAL HARM OR LOSS OF GOODWILL, OR (V) LOSS OF INFORMATION OR DATA.

          NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH LAW.

          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 THE WEBSITE OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT, OR ON ANY WEBSITE LINKED TO IT.

           

          16. DISPUTE RESOLUTION

          You agree that any and all disputes and claims, arising out of or in connection with these Terms, the Website and the Services shall be resolved individually, without resort to any form of class action.

          Any and all claims, judgments, and awards shall be limited to the actual out-of-pocket amount paid by you to Spin Shed for accessing the Website and the Services, but in no event professional fees; and under no circumstances you will be permitted to obtain awards for, and each User hereby waives all rights to claim punitive, incidental, consequential damages or any other damages, other than actual out-of-pocket expenses for using the Services of Spin Shed.

          This Agreement and all rights and obligations in connection with it are governed by English law. Any disputes between the Parties arising from this Agreement shall be heard and determined by the courts of England and Wales.

           

          17. SEVERABILITY

          If any of these terms of use are found unlawful, void, or for any reason unenforceable, then such provisions will be considered severable from the remaining Terms and will not affect the validity and enforceability of the remaining provisions.

           

          18. TERMINATION

          We may close your User Account, suspend your ability to use certain portions of the Website and/or ban you altogether from using the Services for any or no reason and without notice or liability of any kind. Any such action could prevent you from accessing your User Account, the Website, Your Content, Spin Shed Content and/or any other related information.
          19. GENERAL TERMS
          i.  We reserve the right to amend, update, or discontinue the Website at our sole discretion, at any time, with or without reason, and without notice or liability.
          ii.  We may provide you with notices, including those regarding changes to the Terms, by email or through the Website.
          iii. Except as otherwise stated in Section 9 above, nothing in those Terms is intended, nor will be deemed, to confer rights or remedies upon any third party.
          iv. The Terms and the documents and policies referred to on this page together comprise the entire agreement between you and Spin Shed regarding the use of the Website.
          v.  If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated so that the Terms shall otherwise remain in full force and effect.
          vi. The section titles in the Terms are for convenience only and have no legal or contractual effect.

             

            20. CONTACT

            In order to submit a question, resolve a complaint regarding the Website or the Spin Shed Services, or to receive further information regarding the Services, please contact Spin Shed using the following method: e-mail: hello@spinshed.com