Stuff Alert Terms of Use:
Please scroll down and click to accept and proceed
1. Introduction
Welcome to the Stuff Alert.com website (“Stuff Alert” or “Site”). Stuff Alert is a web-based service provided by SonicZero Limited a private software publishing company incorporated in England (“SonicZero”, “we” or “us” for short). Our registered address is 37, Kings Avenue, Woodford Green, Essex, IG8 0JD, United Kingdom.
The Site enhances how you search for items on a number of the local websites that form part of the marketplace created by eBay Inc (“eBay”). It allows users who have registered as members (“Members”) to create keyword searches to locate hard to find items that are expected to become available sometime in the near future on eBay (“Keyword Searches”). Stuff Alert publishes information retrieved from relevant eBay databases that match Members search criteria (“eBay Content”) and sends Members free email alerts. The Site provides an automated link to the appropriate eBay site and item or items (“Services”).
Please read these Terms of Use (“Terms”) carefully before using the Site. These Terms regulate the use of the Services.
These Terms are valid from August 23rd 2007 and are effective upon acceptance for new Members. SonicZero reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. We encourage you to revisit these Terms periodically to ensure that you are at all times fully aware of them. Any changes are effective immediately upon posting to the Site and, by your continued use of the Site, you agree to be bound by such modifications, alterations or updates.
2. Registration and using the Services
To use this Site, create Keyword Searches and receive free email alerts, you must register as a Member and confirm your agreement to the Terms by ticking in the “I agree” box below. If you do not accept the Terms by clicking on the red ACCEPT button below, you must immediately stop using the Services.
You agree that you will register in your own name only and all information provided by you will be accurate and up-to-date. You agree promptly to update any of your details on the Site as necessary.
You may not transfer your membership to another person.
Following registration email alerts will be sent to you every time a match is found for a Keyword Search for so long as you leave a search active.
3. Cost of using the Services
Membership and use of the email alert services is free.
4. Your Security Obligations
You are responsible for maintaining the confidentiality of your password and for all use of the Site made through your password. You agree to keep your password secret at all times and must inform us, and promptly change your password, if you believe that another person has become aware of your password or is using it or is likely to use it in an unauthorised way.
You should tell us immediately if your nominated mobile phone is lost or stolen or if you change your nominated phone number. If you don’t tell us we will continue to send text messages to the nominated mobile phone number. We will not be liable in any circumstances.
5. Ownership
This Site is the copyrighted property of SonicZero. Information found on this Site must not be reproduced, republished, distributed, posted, sold, transferred, or modified without the express written permission of SonicZero. However, this does not apply to downloading, copying and saving information from the Site for personal use.
The Trademarks and, logos displayed on this Site are common law Trademarks of SonicZero. No information on this Site should be construed as granting, by implication or otherwise, any licence or right to use any of the Trademarks without the written permission of SonicZero. SonicZero does not claim to own any third party trade marks displayed on this Site.
6. Use of the Site
You may not use the Site if you are under the age of 18 or you are not able to form legally binding contracts, or if your Stuff Alert membership has been suspended.
You may only use this Site for your own private use and as a means of enhancing the search functionality of eBay. You shall not use this Site for any other purposes. You may download, display and print the material presented on this Site for your personal, non-commercial use only. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. The use of content on any other web site or networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. You are prohibited from distributing or posting spam, chain letters, or pyramid schemes or viruses or any other technologies that may harm SonicZero, or the interests of SonicZero Members.
7. Compensation
You agree that you will only use the Site in accordance with the Terms set out herein. You will compensate us in full for any losses or costs (including reasonable legal fees) we incur arising from any breach by you of these Terms.
8. Privacy
We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy.
By agreeing to the Terms you agree to the terms of our Privacy Policy.
9. Liability
The intention of SonicZero is that all information on the Site should be as accurate and up-to-date as possible. However SonicZero cannot give any representation or warranty as to the accuracy, completeness and/or reliability of any content (including eBay Content) contained on the Site. SonicZero gives no warranty of any kind regarding the content (including eBay Content) of this Site which is provided on an “as is” basis. SonicZero assumes no liability or responsibility for any errors or omissions in the content (including eBay Content) of the Site.
SonicZero is dependent on eBay’s databases for the retrieval of information that matches Members’ Keyword Searches. We cannot guarantee the provision of information including relevant eBay Content or continuous or secure access to our Services. The operation of the Site may be interfered by numerous factors outside of our control. While we will use our reasonable endeavours to maintain uninterrupted Services, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our Services.
SonicZero (including any 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 out of you use of the Site.
Regardless of the previous paragraph, if we are found to be liable, our liability, and the liability of our, subsidiaries, affiliates, officers, directors, agents and employees, to you is limited to a maximum of £50.
SonicZero assumes no responsibility, and shall not be liable for, any damages to, or viruses that may affect your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, images from the Site. In no event shall SonicZero be liable for any injury, loss, claim, damage, or any special exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitations loss of profits, business interruptions, or loss, corruption or mis-delivery of data), whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this Site or content (including eBay Content) found herein, (ii) any failure or delay (including, but not limited to the use of or inability to use any component of this Site for subsequent purchases or decisions in relation to (an) item(s) on eBay) or (iii) the performance or non-performance by SonicZero, even if such a party has been advised of the possibility of damages to such parties or any other party. If, notwithstanding the foregoing, SonicZero should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of SonicZero shall in no event exceed a maximum of £50.
In its sole discretion, in addition to any other rights or remedies available to SonicZero and without any liability whatsoever, SonicZero, at any time and without notice, may terminate or restrict your access to any component of the Site. Your use of and browsing in the Site are at your risk. Neither SonicZero nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site. (Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
10. Indemnity
The material that you read on the Site is provided solely for information purposes. Neither SonicZero nor its affiliates or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequentially, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in the Site. You agree to indemnify, defend and hold SonicZero and its affiliates, and their respective directors, owners, agents, information providers and licensors harmless from and against any and all claims, liability, losses, costs and expenses (including reasonable legal fees) incurred by any Indemnified Party in connection with any breach by you of these Terms. SonicZero reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to co-operate with SonicZero’s defence of such claim.
11. Advertising and Sponsorship
Parts of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that the material submitted for inclusion on the Site complies with all legal and regulatory requirements and does not contain any material which is objectionable including without limit, information that is defamatory, obscene, threatening or untrue. We are not responsible for any such material and any issues which you may have should be raised directly with the relevant advertiser or sponsor.
12. Links
This Site contains links to other sites including eBay sites that are provided solely as a convenience to you. SonicZero has not reviewed the sites and is not responsible for their content. SonicZero make no representation or warranty regarding those sites or the contents or materials on such web sites. All actions taken by Members including the use of links to other sites are the responsibility of the individual. If you decide to access any site linked to the Site, you do so entirely at your own risk. SonicZero can also not be held responsible for any loss or damage resulting from any business conducted on eBay.
13. Entire Agreement
The Terms (together with any variations to them) form the entire agreement between us and you concerning your access to, browsing and/or use of the Site and supersede all prior agreements, arrangements, understandings and representations made between us (whether oral or written) concerning this Site.
14. General
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
These Terms shall be governed by and construed in accordance with English law. You and SonicZero both agree to submit to the non-exclusive jurisdiction of the English Courts.
