1 Introduction.

This Agreement is a legal document that sets out your rights and obligations, and those of Weston Hospicecare Mart Limited, a company registered in England under registration no. 2516643 ("Mart Online, Weston Hospicecare Mart Ltd", "we" or "us"), in relation to this site and the services offered by Mart Online through it (the "Mart Online Service"). You must take the time to read and understand it, before registering for the Mart Online Service. By registering, you accept that you are entering into a contract with us on the terms of this Agreement.Visitors to the Mart Online Service who do not register to become a Member (see 2 below) similarly affirm that they are bound by this Agreement each time they access the Mart Online Service. You should be aware that this Agreement may change from time to time in accordance with Clause 21 below.

2 Members.

People who register for the Mart Online Service become "Members". They must be at least 18 years of age.

Members:

• may advertise goods for sale using the Mart Online service.
• may at anytime withdraw an item from sale that they have previously advertised using the Mart Online Service.
• may view advertisements created by other Members.
• may donate an amount to Weston Hospicecare after they sell an item using the Mart Online Service, in appreciation for the use of the Mart Online Service.
• may post a wanted item, details of which will be sent to all Weston Hospicecare Mart shops. The individual shops will contact the Member directly if they have any items that meet the wanted criteria.

3. Non-Members

People who haved not registered for the Mart Online Service can still use the Mart Online Service as follows:

• may view advertisements created by Members.
• may post a wanted item, details of which will be sent to all Weston Hospicecare Mart shops. The individual shops will contact the Non-Member directly if they have any items that meet the wanted criteria.

4. Registration.

You undertake to register for the Mart Online Service using accurate and current information about yourself - including your correct name, address and any other requested details. If you are asked for, and provide, details of a credit, debit or charge card; in that event, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it.

5 Privacy policy.

Mart Online's Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data as detailed in that policy. Given the global nature of the World Wide Web, any posting on the Mart Online Service (including any which contain personal information) is, of course, accessible to internet users around the world.

6 Mart Online's Role.

You, whether you are a Member or a non-Member who visits the Mart Online Service, acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on the Mart Online Service or outside of it. We only provide a venue where the Mart Online Service may be accessed. In particular, you should be aware that Weston Hospicecare Mart does not pre-screen or monitor the material contributed by Members.

7 Additional services.

Mart Online or its affiliates may offer new or additional services through the Mart Online Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Any failure by you to comply with a material provision of the terms or rules governing such additional services will amount to a breach of this Agreement and enable us to terminate this Agreement with you.

8 Operation of Mart Online Services.

Weston Hospicecare Mart reserves the right to withdraw or modify one or more aspects of the Mart Online Service, or the entirety of it, where we have legal or commercial reasons to do so. There may also be times when the Mart Online Service becomes inaccessible as a result of technical difficulties experienced by Mart Online or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. For security or other reasons, we may require you to change password or other information which facilitates access to the Mart Online Service.

9 Misuse of Mart Online Service.

We reserve the right (a) to suspend or terminate any Member's access to the Mart Online Service, or parts of it, and/or (b) to remove, edit, or require the Member to remove, edit, material posted on the Mart Online Service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Mart Online Service without our prior consent. You are responsible for everything which is done on or through the Mart Online Service while your Membership account is logged on to the Mart Online Service, or through your email address(es). In addition, we reserve the right to suspend or terminate any Member's access to the Mart Online Service, or parts of it, if the relevant Member is abusive, discriminatory or threatening to, harasses or communicates offensive messages or images to another Member, whether or not through the Mart Online Service.

10 Prohibitions.

You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the Mart Online Service, nor any activity or communication you make in connection with any Mart Online Service, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortious or otherwise, or (c) appearing to be offensive, threatening, abusive, discriminatory, obscene, pornographic, false, libellous, defamatory, unreliable or misleading.

11 Alerting Mart Online.

If you see anything on the Mart Online Service which appears to infringe this Agreement, then please contact us to inform us of it by emailing us here . We do not generally monitor material contributed by Members before it is placed on the Mart Online Service, and so we are reliant upon users to point out any which infringes this Agreement.

12 Withdrawal of Material and Termination of Membership.

Each Member acknowledges that we are entitled to withdraw any material on the Mart Online Service which appears whether based on information received from Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the Mart Online Service into disrepute. However, each user acknowledges that we do not monitor material which appears on the Mart Online Service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the Mart Online Service.

13 Disclaimer and Release.

Mart Online has no control over or responsibility for the truth or accuracy of any material available on the Mart Online Service, whether provided by Members or others.

• If any third party sites are linked to from the Mart Online Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.
• You should exercise no lesser degree of caution in appraising what you see on the Mart Online Service than you do offline.
• Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.
• Your use of the Mart Online Service is entirely at your own risk.

Accordingly, to the extent that the law permits, you release Weston Hospicecare, its directors, contractors and employees from all liability (including in relation to disputes with other Members) arising out of your use of a third party site or arising out of or in connection with the Mart Online Service and the material included here by Members and other third parties.

14 Intellectual Property.

You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Mart Online Service (including the material which is contributed by Members) are owned by Weston Hospicecare. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the Mart Online Service, or any of the material which is found on the Mart Online Service unless properly licensed to do so by us.

By submitting any material or content to the Mart Online Service, you:

• are representing that you are fully entitled to do so;
• grant us a non-exclusive, royalty-free, non-terminable licence right to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and
• authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.

15 Excluded Loss.

Weston Hospicecare will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Weston Hospicecare will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.

16 Maximum Liability.

Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of Weston Hospicecare under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) £5, or (b) an amount equal to the sums paid by you to us by way of donations via the Mart Online Service during the relevant period of twelve months, regardless of the cause or form of action.

17 Non-excluded Liabilities.

Nothing in this Agreement limits Mart Online's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.

18 Indemnity.

You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the Mart Online Service.

19 Assignment.

We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of Mart Online assign or dispose of this Agreement.

20 Entire Agreement.

This Agreement includes our privacy policy . Together they contain the whole of the agreement between us and you concerning the Mart Online Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

21 Changes to this Agreement.

Weston Hospicecare reserves the right to change this Agreement from time to time, and post the new version on the Mart Online Service. When we do so, we will notify you of the fact that there are changed terms on the main screen ( www.westonhospicecare.org.uk/martonline) [and we will inform you via e-mail]. The new version of these terms and conditions will take effect, and will govern all Mart Online Services and your relationship with Mart Online: - commencing four weeks after the date of posting (or such later date as Weston Hospicecare indicates in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the Mart Online Service; or - immediately upon the date of posting (or such later date as Weston Hospicecare indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to one or more of Mart Onlines's addresses or email addresses referred to in this Agreement.

22 Severability.

In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

23 Law.

This Agreement shall be governed by and construed in accordance with the laws of England and Wales .

24 Keeping this Agreement.

We do not separately file the individual Agreements entered into by members when they register for the Mart Online Service. You can access it at www.westonhospicecare.org.uk/martonline . Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer.

25 Contact.

You can contact us by post at Jackson Barstow House, 28 Thornbury Road, Uphill, Weston super Mare BS23 4YQ. If you wish to pay by cheque please make the payable to Weston Hospicecare Mart Ltd Limited. Please make sure you include your email address with all correspondence.