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Terms and Conditions
| 1 |
TERMS OF WEBSITE USE |
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| 1.1 |
This page sets out the terms applicable to your use of the http://www.hazvalue.com website. By registering, advertising or otherwise using this website you accept and agree to be bound by these terms. |
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| 2 |
INFORMATION ABOUT HAZVALUE |
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| 2.1 |
This website is owned and operated by HazValue Limited ("HazValue" "we" "us" or "our") (Company Number: 6636735) a company registered in England and Wales whose registered office is at 145-157 St. John Street, London EC1V 4PY. |
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| 3 |
PURPOSE OF WEBSITE |
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| 3.1 |
This is not an auction website and we are not an auctioneer. |
| 3.2 |
This website allows you to place advertisements and bids for recyclable materials, waste materials, secondary materials, surplus materials, used equipment or surplus equipment (“Materials”) and associated services. All transactions arising from advertisements and bids on this website are concluded directly between the relevant advertiser and bidder on these terms: Standard Terms ("Standard Terms") unless otherwise agreed. |
| 3.3 |
We never possess, own or control Materials or sell Materials on behalf of any advertiser. We are not involved in delivering any services relating to Materials advertised on the website nor in negotiating contract terms between advertisers and bidders. Consequently, we have no control over the quality, safety or legality of the Materials or services referred to in advertisements nor over the truth or accuracy of advertisements, nor over the ability of advertisers and bidders to perform their contractual obligations or pay for any Materials or services provided. |
| 3.4 |
You should not assume that the offer, export or import of any item is valid and legal simply because it is advertised on the website. You accept sole responsibility for the legality of your actions and any advertisements/bids placed by you. You warrant that you will abide by all applicable laws when using this website and dealing with other users. |
| 3.5 |
We are not responsible for ensuring that advertisers and bidders actually complete a contract/transaction. |
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| 4 |
REGISTRATION |
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| 4.1 |
Any commercial (i.e. non-consumer) organisation may apply for registration to use this website. All registered users may place advertisements on this website, however, only registered users who are waste producers, waste brokers, waste carriers or waste management licence holders and are registered with either the Environment Agency, Scottish Environment Protection Agency or the Northern Ireland Environment Agency may place bids on this website. We verify all registrations against the public registers for these Agencies. If verification fails you will be advised accordingly and your account will be suspended until your registration details can be verified. If your registration details cannot be verified we will cancel your registration and all advertisements/bids posted by you will be immediately removed from this website. |
| 4.2 |
Advertisements/bids may not be placed by private individuals, i.e. consumers. |
| 4.3 |
The information obtained from you during the registration process will form part of these Terms of Use. You warrant that the information given to us during the registration process is complete, accurate and not misleading. You represent that the individual who submits your registration application has the authority to bind you to these Terms of Use. |
| 4.4 |
During registration you will be assigned a user number and you will then have to choose a password ("User Details"). We shall confirm acceptance of your registration by e-mail which will include confirmation of your User Details and you will need to activate your registration by clicking on a link in this e-mail. You are responsible for all actions taken by anyone accessing this website using your User Details and you must only access and use this website using your own User Details. You must make every effort to keep your User Details safe and you should not disclose them to any other person nor permit either directly or indirectly any other person to use your User Details to access this website. You must not transfer or sell your User Details to any other person or entity. |
| 4.5 |
We reserve the right to cancel or suspend your registration as a user at any time by giving notice to you via the e-mail address provided during the registration process. The circumstances in which we will exercise this right include, without limitation:
| (a) |
where you have breached these Terms of Use; |
| (b) |
where we are unable to verify or authenticate information provided to us by you; |
| (c) |
if you are a bidder, where you do not have the appropriate licence/registration with either the Environment Agency, Scottish Environment Protection Agency or the Northern Ireland Environment Agency; |
| (d) |
where we believe that you have or may have caused loss to another user or failed to make any payment due to another user; or |
| (e) |
where we believe or suspect that you are using this website to further any criminal activity. |
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| 4.6 |
This website may not be used by persons under the age of eighteen years or if your user registration has been suspended or cancelled |
| 4.7 |
Further details about the registration
process can be found here
Help Registration. |
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| 5 |
ADVERTISING, BIDDING PROCESS & OUR FEES |
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| 5.1 |
To place an advertisement you must follow
the procedure set out in our Help Advertising. Only advertisements for Materials and relevant services may be placed. |
| 5.2 |
To place a bid in response to an
advertisement you must follow the procedure set out in our
Help Bidding. |
| 5.3 |
A bid will constitute an offer which may be accepted by the relevant advertiser. A bid may be accepted by an advertiser at any time up to 5 days after closure of the relevant advertisement unless it is retracted earlier by the bidder. We do not review advertisements or bids nor any contractual terms agreed between you and an advertiser/bidder. |
| 5.4 |
If a user that has placed an advertisement ("Advertiser") wishes to conclude a contract with a user that has placed a bid in response to its advertisement ("Bidder") it shall click the "Select Bidder" option under the "Choose Quote" option on the relevant advertisement page. This will automatically: (a) notify us and the relevant Bidder that the Advertiser has selected the Bidder; (b) provide the Advertiser's contact details to the selected Bidder; (c) provides the selected Bidder's contact details to the Advertiser; (d) conclude the contract between the Advertiser and selected Bidder relating to the advertised Materials/services on the Standard Terms or such other terms as have been selected and stipulated in the Advertisement. Advertisers only obtain details of Bidders upon clicking the "Select Bidder" option. Bidders only obtain details of Advertisers if they are selected by an Advertiser.
Bidders must upload to the site or e-mail a copy of the Duty of Care and or Consignment Note relating to any contract concluded with an Advertiser to us at accounts@hazvalue.com within 5 days of conclusion of the relevant contract. This requirement is contained in the Standard Terms. If other terms are used, Advertisers should ensure they include a similar provision in order to require the Bidder to provide us with these documents. |
| 5.5 |
We are not party to any contract(s) entered into between Advertisers and Bidders and no money relating to Materials/services advertised on the website passes through us. |
| 5.6 |
Advertisers and Bidders are entitled to retract their advertisement or bid at any time prior to conclusion of a contract between them but this will incur payment of a fee to us (see 5.7). |
| 5.7 |
An administration fee will be payable to us:
| 5.7.1 |
by an Advertiser when: |
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| (a) |
the Advertiser clicks the "Select Bidder" option under the "Choose Quote" option on the relevant advertisement page - the fee payable will be the greater of £5 or 2.5% of the value of the concluded contract; |
| (b) |
the Advertiser retracts an advertisement after any bid has been placed against it - the fee payable will be the greater of £10 or 2.5% of the value of the highest bid placed at the time the advertisement was retracted; and |
| (c) |
the Advertiser does not select any of the bids placed against the relevant advertisement within 5 days after closure of the relevant advertisement - the fee payable will be the greater of £10 or 2.5% of the value of the highest bid placed at the time the advertisement closed; |
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| 5.7.2 |
by a Bidder when: |
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| (a) |
the Bidder is notified an Advertiser has selected its bid - the fee payable will be the greater of £5 or 2.5% of the value of the contract concluded; |
| (b) |
the Bidder retracts a bid before acceptance by an Advertiser - the fee payable will be the greater of £10 or 2.5% of the value of the retracted bid; and |
| (c) |
the Bidder requests us to identify it as an verified ISO certified bidder - the fee payable will be £35.00 per qualification. |
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If you owe us a fee we will submit an invoice to you via your registered e-mail address. All fees are subject to VAT and are payable within 30 days of the date of invoice. If the value of the concluded contract is higher than the value stated in the accepted bid then we reserve the right to base our fee on the higher figure. Upon payment of all relevant fees relating to an advertisement we will provide online access to a copy of the Consignment Note(s) (if appropriate and if provided by the Bidder) to the Advertiser. |
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| 6 |
MISUSE |
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| 6.1 |
You warrant that any information you provide in any advertisement, bid, feedback and any other content that you post on the website is true, accurate and not misleading. |
| 6.2 |
We give no warranty and accept no liability in respect of:
| 6.2.1 |
the identity of users or the current status of users' waste management licences or other similar licences (save where we have specifically verified a user, as evidenced by a green "tick" on their user profile); |
| 6.2.2 |
the failure by a Bidder to provide us with a copy of a Consignment Note; or |
| 6.2.3 |
any of the information which users post on this website. |
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| 6.3 |
You must not post on the website:
| (a) |
anything which is defamatory or the posting of which constitutes a breach of any legal obligation owed to a third party (including without limitation breach of copyright or confidence) or a breach of any legislation or restriction imposed by any governmental body; |
| (b) |
any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt or disrupt the normal operating procedure of a computer or to surreptitiously intercept, access without authority or expropriate any system, date or personal information; |
| (c) |
anything which causes the website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the website is in any way impaired. |
We reserve the right to remove from the website without warning any information or thing which is, or we suspect may have been, posted in breach of this clause. |
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| 7 |
TRANSFER OF DATA |
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Any information provided to us by you will be stored and processed on our computer system and may be passed to other registered users in connection with the activities covered by this website in accordance with the terms of our Privacy Policy. |
| 8 |
LIMITATION OF LIABILITY & INDEMNITY |
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| 8.1 |
We do not give any guarantees, conditions or warranties that this website and access to it will be continuous, uninterrupted or secure or that the contents of advertisements or bids placed on this website are true or accurate. This website and the service we provide through it are provided "as is" and as and when available. We disclaim all liability and responsibility arising from any reliance placed on advertisements or bids by you. To the extent permissible by law, we expressly exclude all conditions, warranties and other terms which might otherwise be implied or incorporated into these Terms of Use by statute, common law or equity. |
| 8.2 |
Except as referred to in 8.4 and subject to 8.3, our aggregate liability to you in respect of all claims arising under or in connection with these Terms of Use and your use of this website whether in contract, tort or otherwise shall be limited so that it shall in no circumstance exceed the greater of the total fees payable by you to us or £100. |
| 8.3 |
Save as provided under 8.4, we will not be liable for any loss of profits, loss of revenue, loss of anticipated savings, loss of goodwill, loss or corruption of or damage to data or for any indirect, consequential or special loss or damage. |
| 8.4 |
Nothing in these Terms of Use shall exclude or limit our liability to you in any way for death or personal injury resulting from negligence or in relation to any claim based on fraud, criminal act or a breach of the obligations imposed by s12 Sale of Goods Act 1979 or s2 Supply of Goods and Services Act 1982. |
| 8.5 |
IN NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY BREACH BY A USER OF ITS CONTRACTUAL OBLIGATIONS TO ANOTHER USER OR IN RESPECT OF ANY CLAIM BY A USER AGAINST ANOTHER USER FOR ANY REASON. |
| 8.6 |
If you have any right, claim or action against any other user of this website arising from that user's use of the website, you agree to pursue such right, claim or action independently of and without recourse to us, and you release us from all claims, liability, damages, losses, costs and expenses, including legal fees, arising from or in any way connected with such right, claim or action. |
| 8.7 |
You agree to fully indemnify us if your use of this website or your breach of these Terms of Use exposes us to any claim by a third party. |
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| 9 |
INDEMNITY |
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You agree to indemnify us and our employees, directors and agents fully and effectively against any claim, costs or demand, including legal fees, made by any third party due to or arising out of your breach of these Terms of Use. |
| 10 |
VARIATIONS |
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We may amend these terms of use at any time by posting new or amended terms on the website. You will be bound by any amended terms from the date of posting on the website. |
| 11 |
SEVERANCE |
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If any term of these Terms of Use is or becomes unenforceable or invalid such invalidity and unenforceability shall not affect the other terms which shall remain in full force and effect. If any term of these Terms of Use is or becomes invalid or unenforceable but would be valid or enforceable if some part of it were deleted or modified, the term in question shall apply with such modification as may be necessary to make it valid and enforceable. |
| 12 |
GOVERNING LAW |
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These terms shall be governed by and construed in accordance with English Law and subject to the exclusive jurisdiction of the English Courts. |
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