Terms of Service

Date of Last Revision: 1st August 2015.

Company Information

A warm welcome to Jumble Trail. We are the online platform that provides everything you need for organising your own jumble sale and communicating with other users (our “Services”). Our Services are provided by our company:

Beta Trail Limited, suite 117, 77 Beak Street, London, W1F 9DB, United Kingdom. Registration number:08828158.

1. Using Our Services

By using our Services, you are agreeing to these terms (“Terms”) with Jumble Trail. Please read them carefully.

Sometimes additional terms, requirements (such as age requirements) or policies will apply to different parts of our Services. Where this is the case, we will bring the additional terms, requirements and policies to your attention when you are using those Services and they will become part of these Terms.

2. Registration and Account Security

In order to use our Services, you need to register for an account. Here are some commitments you make to us about registering and maintaining the security of your account:

  • You will not create an account for anyone other than yourself without permission.
  • If we disable your account, you will not create another one without our permission.
  • You will not use Jumble Trail if you are under 13.
  • You will not share your password or let anyone else access your account, or do anything else that might jeopardize the security of your account.
  • You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
  • If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).

If you learn of any unauthorised use of your password or account, please contact us at [email address ]

3. Your Personal Data

To give you a great customised experience on Beta Trail, we collect certain personal data from you. Please read our Privacy Policy to see how we use and share it and how you can control it.

In connection with your use of the Services, we may send you service announcements, administrative messages and other information. You may opt out of some of those communications.

4. Our Rules

We want everyone to enjoy being part of our trusted community. We need everyone to commit to the following rules:

    • You must follow these Terms when you use our Services. Do not facilitate or encourage any violations of this Terms of Service.
    • Do not use Jumble Trail to do anything unlawful, misleading, malicious, or discriminatory.
    • Do not post content that is hateful, threatening, pornographic, incites violence, or contains graphic or gratuitous violence.
    • Do not send or otherwise post unauthorised commercial communications (such as spam) on Jumble Trail.
    • Do not impersonate any person or organisation, or falsely state your affiliation with a person or organisation.
    • Do not collect users’ content or information, or otherwise access Jumble Trail, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission. You will not solicit login information or access an account belonging to someone else.
    • Do not misuse our Services; for example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide.
    • You will not do anything that could disable, overburden, or impair the proper working of Jumble Trail, such as a denial of service attack.
    • Do not engage in unlawful multi-level marketing, such as a pyramid scheme, on Jumble Trail.
    • Do not upload viruses or other malicious code.
    • Do not bully, intimidate, or harass any user.

We may suspend or stop providing our Services to you if you do not comply with our Terms or policies or if we are investigating suspected misconduct.

5. Your Jumble Sale

When you organise your jumble sale, you and your stallholders are responsible for complying with all laws, regulations and requirements that apply, including obtaining any permissions that may be required. Here are some reminders:

  • Be responsible about noise, litter, traffic and your conduct towards your neighbours and customers at the sale.
  • Remind your stallholders to comply with laws that apply – for example, if your description of your goods are inaccurate or false, you will be obliged to give a refund or replacement or reduce the price to reflect the misdescription or misrepresentation.
  • Don’t sell, list or allow any sale of illegal items, such as illegal drugs, copyright infringing material, firearms etc.
  • Don’t sell, list or allow any sale of pornographic material
  • Only sell items that are in good repair and meet the relevant EU safety standards.
  • Electrical goods – do not sell electrical goods unless the item has a reputable recent source.
  • Food – A seller may commit an offence if he sells food that is unfit for human consumption. Do not sell food that is past its expiry date. If you sell homemade food, make sure that you have prepared your food to the appropriate hygiene standards. For more information, see http://food.gov.uk/business-industry/guidancenotes/hygguid/#.U0xEvFdwpAo
  • Clothes – Make sure nightwear meets flammability requirements. Avoid selling items if their source and/or safety are uncertain, for instance, children’s coats with hood cords that can pose a hazard.
  • Toys – Check toys to make sure there are no sharp points or small parts that can be pulled off. It will help to provide the original packaging, so that instructions on usage or intended age of the user can be provided to the purchaser.
  • Cosmetic products – Some ingredients are regulated and, if seals are not intact, the items can become contaminated. There are many controls over what can and cannot be sold.
  • Stolen goods – Handling stolen goods can attract greater penalties than the theft. If you sell stolen goods, the buyer is entitled to their money back from you, not the thief.
  • Toy and ball bearing (‘bb’) guns – Sell or buy imitation firearms responsibly. It is an offence to sell an ‘imitation firearm’ to a person under 18 and for a person under 18 to buy one. Apart from a few exceptions, it is also an offence to sell ‘realistic imitation firearms’. Guns that are obviously toys – for example, due to their unrealistic look or size – can still be sold with no restrictions. If you are unsure about any gun you wish to sell, you should seek further advice from the police.
  • OTHER DANGER AREAS – Be cautious when you sell any goods listed below. All of them have their own safety standards when sold by traders and you should have them checked carefully before you even think about selling them:
    • prams and pushchairs
    • paraffin heaters
    • oil heaters
6. Your Content

When you submit or post content to Jumble Trail, you retain ownership of any intellectual property rights that you hold in your content.

Delete Content

You can delete any content you submit to Jumble Trail by logging into your account and editing your content.

Share

You can delete any content you submit to Jumble Trail by logging into your account and editing your content.
This is how you share your content – You grant to us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use the content that you post on Jumble Trail, including for use on other media. This licence ends when your content or account is deleted. Make sure that you have the necessary rights to grant us this licence for any content you submit to our Services.

Here are a few examples that you will be familiar with:

  • we display your content and images so that it can be searched for and seen on the internet
  • we may use your content and / or images to advertise your jumble sale online (such as through display advertisements on other websites or through search results) or offline (such as in flyers or posters)
7. Other People’s Rights, Information and Content

We respect other people’s rights, and expect you to do the same. You will not post content or take any action on Jumble Trail that infringes or violates someone else’s rights or otherwise violates the law.
You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. Our Services display some content that is not Jumble Trail’s. This content is the sole responsibility of the entity that makes it available.
If you think that a user on Jumble Trail is violating your copyright and want to notify us, please send an email to us at martina@jumbletrail.com.

8. Our rights when we provide the service

We are constantly changing and improving our Services. We may add or remove functionalities or features and we may suspend or stop a Service altogether.

Occasionally, we may have to:

  • interrupt the service. If we do so, we will restore it as quickly as we can;
  • make changes to certain technical specifications and product features.

Branding, trademarks, service marks and logos used in our Services may belong to Jumble Trail or other persons. These Terms do not grant you the right to use them. Using our Services does not give you ownership of any intellectual property rights in our Services or the content that you access.

Jumble Trail gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the platform and software provided to you as part of the Services. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Jumble Trail in the manner permitted by these terms. You may not copy, modify, distribute, sell or lease any part of our Services or included platform or software, nor may you reverse engineer or attempt to extract the source code of that platform or software, unless laws prohibit those restrictions or you have our written permission.

9. Our obligations

Where applicable laws require, we will respond to legitimate requests by authorities or court orders to disclose information. In serious instances of abuse we may also notify the police or relevant law enforcement agency.

Jumble Trail cannot and does not monitor content of our users’ content or communications and therefore Jumble Trail cannot and does not guarantee that our website is free of illegal material or other content that may be considered unacceptable. When it comes to our notice, we may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law.

10. Changing our Terms

We may update our Terms for various reasons, for example, to take into account changes in our Services, the law or to deal with gaps in our Terms.
If we need to update our Terms, we will give you notice either by posting the change on our website or contacting you by email. You should look at these Terms regularly. Where we believe that a change is likely to cause you material disadvantage, we will let you know about the change at least 28 days before it happens.
However, changes in our Terms relating to new functions for a Service or changes made for legal reasons will be effective immediately.
If you do not agree to any changes, you should discontinue your use of our Services. Refer to Ending the Service below for more information about how to delete your account.

11. If you break these Terms

If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Jumble Trail to you. We will notify you by email or at the next time you attempt to access your account. We may also delete your account. In all such cases, our agreement will come to an end.

Sometimes we may choose to ignore it if you break one of our Terms, or we may choose not to enforce a particular term. But even if we do this, we can still choose to enforce that term or take action because you break that or any other term in the future.

12. Ending the Service

You can stop using our Services at any time, although we will be sorry to see you go. If you wish to stop using the Services, you may tell us to delete your account by sending an email to this address martina@jumbletrail.com. Please see our Privacy Policy to read more about deleting your account.

In addition to our other rights, we may also stop providing our Services to you or add or create new limits to our Services by giving you 28 days’ written notice.

13. Our Responsibility to you when we provide the service

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our Services. Unfortunately, we cannot guarantee that our Services will never be faulty.

Other than as expressly set out in these Terms, neither Jumble Trail nor its suppliers or distributors makes any specific promises about the Services. For example, we do not make any commitments about the content within the Services, the specific functions of the Services or their reliability, availability or ability to meet your needs. We provide the Services “as is”.

Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.

When permitted by law, we have no responsibility to pay you compensation for financial loss, for any information which is lost or corrupted, or for any loss that could not have been reasonably expected. We will not be liable to you for any losses that you may suffer if you have used our Services for business purposes.

To the extent permitted by law, the total liability of Jumble Trail and its suppliers and distributors for any claims under these Terms, including for any implied warranties, is limited to the amount that you paid us to use the Services.

We recognise that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these Terms limits any consumers’ legal rights which may not be waived by contract.

14. Matters beyond our reasonable control

Sometimes we may not be able to do what we have agreed because of something beyond our reasonable control, which may include: lightning, flood, severe weather, fire, explosion, terrorist activities, anything done by Government or other competent authority, or industrial disputes. There may be other reasons too. In these cases, we do not accept responsibility for not providing you with the Services.

15. Matters beyond our reasonable control

If you have a problem or complaint about Jumble Trail or its users, you may contact us.

16. Contacting each other

When we need to contact you for important or administrative issues, we will use your e-mail address. If you need to contact us, please use this form / email address martina@jumbletrail.com.

17. Other things that we need to tell you

These Terms make up the entire agreement between the parties regarding our Services, and supersedes any prior agreements. These Terms and our relationship will be governed by the laws of England. You agree to submit to the exclusive jurisdiction of the English courts.

You accept that this agreement for our Services is personal to you and agree not to transfer it to anyone else, or to try to do so. However, we may take instructions from a person whom we think, with good reason, is acting with your permission. We can transfer this agreement for our Services to another company provided this does not adversely affect your rights under the agreement.

After these Terms come to an end, the provisions of this agreement, which by their nature extend beyond the termination, will survive termination of the agreement or termination of your use or access to all or any portion of our site.

No third party is entitled to enforce any term under this agreement under the Contracts (Rights of Third Parties) Act 1999.

If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.

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For those partaking in one of the NLWA sponsored events please note/comply with the following additional terms:

1.  Stalls must be held within the bounds of residents’ property (e.g. in a front garden). Failure to do so could be considered illegal street trading or highway obstruction and residents could be liable for enforcement action.

2. The stall registration fee may be reimbursed to the stall holder upon completion and submission of an NLWA survey within the allotted timescales.