Terms

Terms

User Example 3

WE DID IT FOR YOU.

 

 Download: Legal EMY COND

   

This User Agreement, the EMY User Privacy Notice, the Terms and all policies posted on our sites set out the terms on which EMY offers you access to and use of our sites, services, applications and tools (collectively ‘Services’). You can find an overview of our policies here . All policies, Terms and the User Privacy Notice are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services.

Starting on 1 August 2017, if you reside in the United Kingdom you are entering into a contract with MY-EMY (UK) Limited, 160 City Road, Kemp House London, London EC1V 2NX, United Kingdom.

If you reside outside the UK but within the European Union you are entering into a contract with MY-EMY (UK) Limited, 160 City Road, Kemp House London, London EC1V 2NX, United Kingdom.
EMY does not have possession of anything listed or sold through EMY, and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller.

 

User Example 3

 

While we may provide pricing, postage, listing and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. EMY does not review users’ listings or content. While we may help facilitate the resolution of disputes through various programmes, EMY has no control over and does not guarantee 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; or that a buyer or seller will actually complete a transaction or return an item.
Sellers must have a valid payment method on file with EMY at all times. You authorise EMY to automatically charge your chosen payment method in accordance with this User Agreement and the applicable billing agreement(s) you agree to when setting up or changing your payment method, for future charges and fees incurred in relation to the Services provided by EMY. This includes, but is not limited to, amounts owed for EMY fees, EMY Money Back Guarantee reimbursements and postage labels. EMY will notify you of these charges. If payments or amounts owed to EMY cannot be completed through the payment method on file for any reason, you remain obligated to pay EMY for all unpaid amounts and EMY reserves the right to seek reimbursement through other means plus any additional costs incurred by EMY in seeking reimbursement. You can change your payment method in My EMY at any time.

 

NOTE

Under MY-EMY, if a seller chooses or is required to reimburse the buyer or EMY because a case is resolved in the buyer’s favour, we may:

  1. Ask the seller to reimburse the buyer for the cost of the item and the original postage cost in accordance with the seller’s authorisation provided to us under this User Agreement; or

  2. where there are insufficient funds EMY, directly refund the buyer for the cost of the item and the original postage cost, and, in this case, the seller must reimburse us in full, and in a timely manner, for an amount equivalent to the sum we paid to the buyer.

Where the seller is found at fault, we will notify the seller and charge the reimbursement amount to the seller’s chosen method of payment, or invoice the seller for the reimbursement amount.

 

 

Using MY-EMY

In connection with using or accessing the Services you will not:

  1. post, list or upload content or items in inappropriate categories or areas on our sites;

  2. breach or circumvent any laws, third party rights or our systems or policies;

  3. sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;

  4. 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;

  5. fail to pay for items purchased by you, unless you have a valid reason as set out in an EMY policy the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot contact the seller;

  6. fail to deliver items sold by you, unless you have a valid reason as set out in an EMY policy, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer;

  7. manipulate the price of any item or interfere with any other user’s listings;

  8. post false, inaccurate, misleading, defamatory, or libellous content;

  9. take any action that may undermine the Feedback or ratings systems;

  10. transfer your EMY account (including Feedback) and user ID to another party without our consent;

  11. distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

  12. use the contact information of other users for any purpose other than in relation to a specific EMY  transaction (which includes using this information to send marketing materials directly to EMY users unless the user has given explicit consent to receiving these materials);

  13. distribute viruses or any other technologies that may harm EMY, or the interests or property of EMY users;

  14. use any robot, spider, scraper or other automated means to access our Services for any purpose.

  15. bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;

  16. export or re-export any EMY application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;

  17. copy, modify, or distribute rights or content from our Services or EMY’s works of authorship, designs and trademarks;

  18. 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 EMY and the appropriate third party, as applicable;

  19. commercialise any EMY application or any information or software associated with such application;

  20. harvest or otherwise collect information about users, such as email addresses, without their consent; or

  21. circumvent any technical measures we use to provide the Services.

If you are registering with EMY as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on EMY, you must comply with all applicable laws relating to online trading for the site you are selling on (please see Listing Conditions for more information on the legal requirements for selling in the UK).

You agree that we will commence supplying our services to you as soon as you accept this User Agreement. You can cancel this User 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 EMY

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, 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:

  1. we think that you are creating problems or possible legal liabilities;

  2. we think that such restrictions will improve the security of the EMY community or reduce our or another EMY user’s exposure to financial liabilities;

  3. we think that you are infringing the rights of third parties;

  4. we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;

  5. despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or

  6. you fail to make full payment of any fees due for our Services by your payment due date.

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 buyers and sellers.

 

 

Legal Disputes

If a dispute arises between you and EMY, we strongly encourage you to first contact us directly to seek a resolution by contacting us first. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales. You and EMY both agree to submit to the non-exclusive jurisdiction of the English Courts.

In simple terms, “non-exclusive jurisdiction of the English courts” means that if you were able to bring a claim arising from or in connection with this User Agreement against us in Court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.

 

User Example 3

Fees

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 EMY site 30 days in advance. You may close your account without penalty within 30 days of such notice being given.

You are required to have a payment method on file when selling on EMY. 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

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 prohibited and restricted Items policy;

your listing may not be immediately searchable by keyword or category for up to 24 hours. EMY does not guarantee exact listing durations;

content that violates any of EMY’s policies may be deleted at EMY’s discretion;

we may revise data in the EMY product catalogue to supplement, remove, or correct information you have provided and, if your listing uses catalogue data that has been revised, those revisions may modify your listing accordingly;

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 postage cost, Feedback, EMY policy compliance and detailed seller ratings;

EMY’s duplicate listing policy may also affect whether your listing appears in search results;

Meta-tags and URL links that are included in a listing will be removed or altered so as to not affect third party search engine results;

We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your listings to other sellers;

some optional upgrade features will only be visible on certain EMY Services.

Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
Prohibited items:

These items may not be listed on EMY:

  1. Adults only
  2. Drugs and drug paraphernalia
  3. Embargoed goods and prohibited countries
  4. Firearms, weapons and knives
  5. Government, transit, postal items
  6. Hazardous, restricted, or regulated materials
  7. Items encouraging illegal activity
  8. Lock-picking devices
  9. Mailing lists and personal information
  10. Offensive material
  11. Police-related items
  12. Prescription drugs
  13. Stolen property

 

Restricted items

These items may only be listed on EMY under certain conditions:

  1. Alcohol
  2. Animals and wildlife products
  3. Artefacts, antiques, cultural items and grave-related items
  4. British titles
  5. Catalogue sales
  6. Cosmetics, used
  7. Counterfeit currency and stamps
  8. Credit cards
  9. Digitally delivered goods
  10. Electrical and electronics equipment
  11. Event tickets
  12. Food
  13. Football tickets
  14. Gaming (slot/fruit) machines
  15. Human parts and remains
  16. Plants and seeds
  17. Postage meters
  18. Property
  19. Recalled items
  20. Stocks and other securities
  21. Tobacco
  22. Travel
  23. Unlocking software
  24. Vouchers

 

Potentially infringing

These items may infringe certain copyrights or trademarks:

  1. Authenticity disclaimer
  2. Bootleg recordings
  3. Copyright basics
  4. Enabling duplication of copy protected material
  5. Items encouraging infringement
  6. Mod chips, game enhancers and boot disks
  7. Perfume and cosmetics
  8. Recordable media
  9. Replica, counterfeit and unauthorized copies

 

 

Purchase Conditions

When buying an item, you agree to comply with the rules for buyers and that:

  1. you are responsible for reading the full item listing before making a bid or commitment to buy;

  2. 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

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, sublicensable (through multiple tiers) right to use the content (including without limitation, creating and using derivative works) and you 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. Further, 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 sublicensees or our assignees. 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 EMY users). You may use such catalogue content solely in connection with your EMY listings during the time your listings are on EMY’s sites. That permission is subject to modification or revocation at any time at EMY’s sole discretion.

While we try to offer reliable data, we cannot promise that catalogue content will always be accurate and up-to-date, and you agree that you will not hold us or our catalogue providers responsible for inaccuracies. If you choose to include catalogue content in your listings, you continue to be responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with this User Agreement and all EMY policies. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).

 

Delivery options

We have a delivery option for certain areas, in order to help improve buyer experience. Not all Items are eligible. For items that are eligible, we may choose to make EMY delivery available as a delivery option on your listings unless you opt out at either an account or listing level.

By not opting out, you acknowledge that you have read and agree to the Terms and conditions for EMY delivery “See Bellow” and that these terms will apply to the relevant listings. Those terms include, among other important provisions:

  1. a description of the items that are ineligible and restrictions on the value, weights and dimensions of items that may qualify for EMY delivery as a delivery option; and

  2. consequences of an item being undeliverable or unidentifiable, including an authorisation from you to dispose of, sell or donate the item to charity.

    Eligibility

    Not all items on EMY are eligible for EMY delivery. Your listing must comply with the following in order to be eligible:

    1. Your item must weigh less than 15kg. No one side of the parcel can exceed 120cm and the second-longest side can’t exceed 76cm, including packaging.  If your item exceeds these requirements you must include that information in your listing, and opt out the listing from EMY delivery. Any items that are too large or exceed the weight limit will be rejected on arrival at the EMY delivery location, and may be disposed of, without reimbursement. 
    2. Your item must not be listed in an Excluded Category.
    3. Your item must have a starting price of at least £3.
    4. Your item value must not exceed £1000.
    5. Your item must not be an Excluded Good.
    6. Your listing has a fixed price format: EMY delivery will not be added to listings that have a Best Offer option or are auction format.
    7. EMY may alter or amend the eligibility requirements at any time by posting the amended Terms on the site and such will become effective automatically on the date the revised eligibility requirements are posted on the site.

     

Liability

We try to keep EMY and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in EMY’s Services may not occur in real time. Such functionality is subject to delays beyond EMY’s control.

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 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, directly or indirectly from:

  1. your use of or your inability to use our Services;

  2. pricing, postage or other guidance provided by EMY;

  3. delays or disruptions in our Services;

  4. viruses or other malicious software obtained by accessing, or linking to, our Services;

  5. glitches, bugs, errors, or inaccuracies of any kind in our Services;

  6. damage to your hardware device from the use of any EMY Service;

  7. the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;

  8. a suspension or other action taken with respect to your account or breach of the Abusing EMY section;

  9. the duration or manner in which your listings appear in search results as set out in the Listing conditions section; or

  10. your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.

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.

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. EMY 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.

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 (a) any amounts due under EMY Money Back Guarantee up to the price the item sold for on EMY and its original postage costs, (b) 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, or (c) £100.

Nothing in this User Agreement 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.

 

User Example 3

 

 

Software policies
Reporting policy breaches

If you see a listing that breaches EMY policies, please report it by clicking the Report item link in the listing, or by clicking the Report link or Contact Us button located on most of our help pages. When a policy breach occurs, we email the seller and the bidders or the buyer to let them know that the listing has been removed from EMY.

Contact Customer Service
You can contact Customer Support to report a listing you think breaches this policy. Go to the listing, and then click the Report item link on the right side of the page.

We’ll review your report and take appropriate action.

 

 

General

If any provision of this User Agreement 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.

We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.

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 this User Agreement.

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.

We may amend this User Agreement at any time by email, or via the Messages section of EMY or by posting the amended terms on MY-EMY. All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.

This User Agreement may not be otherwise amended except through mutual agreement by you and an EMY representative authorised to do so.

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the EMY site.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.

EMY’s Verified Rights Owner and works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our team through our and we will investigate.

The User Agreement, the EMY User Privacy Notice and all polices posted on our site are the entire agreement between you and EMY and supersede all prior understandings and agreements of the parties.

The following Sections survive any termination of this User Agreement: Fees (with respect to fees owed for our services), Content, Liability, Compensation, Legal disputes and the release contained in this General section. Legal notices shall be served by registered mail to MY-EMY (UK) Limited, Kemp House 160 City Road Poste Code: EC1V 2NX , United Kingdom. We shall send notices to you by email to the email address you provide to EMY 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. 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.

 

Important: This User Agreement is effective from 1, June 2017.

Hi Dear User!

Welcome To EMY

Feedback
close slider