1.1 We are Cazoobi (Cazoobi or we) and we are pleased to welcome you to our Website (the Blocs Store).
1.2 These terms and conditions shall govern your use of our Website. Please note that the definitions set out in Schedule 1 apply in these terms and conditions.
1.3 By using our Website, you accept these terms and conditions in full so please read them carefully and we recommend that you consider saving a copy for future reference; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our Website.
1.4 If you register with our Website, submit any Licensed Products to our Website or buy any Licensed Products, we will ask you to expressly agree to these terms and conditions.
1.5 Subject to Section 1.6, you must be at least 18 years of age to use our Website; by using our Website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age. If we request it, you must provide proof of age.
1.6 If you are under the age of 18, you must obtain written parental and guardian consent to use our Website and provide us with a copy of that written consent. The adult providing consent will be responsible for your use of our Website.
1.8 If you use our Website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:
(a) yourself; and
(b) the person, company or other legal entity that operates that business or organisational project,
to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.
2. Information about us and how to contact us
2.1 Cazoobi Limited is a company registered in England & Wales. Our company registration number is 09339348 and our registered office is at Unit 9 Rake House Farm, Rake Lane, North Shields, Tyne & Wear NE29 8EQ.
2.2 You can contact us by:
(a) using the contact form from our dedicated support desk;
(b) writing to us at our registered office (see 2.1).
3. Copyright notice
3.1 Copyright (c) 2019, Cazoobi Limited.
3.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors (3rd party sellers), own and control all the copyright and other Intellectual Property Rights in our Website and the material on our Website; and
(b) all the copyright and other Intellectual Property Rights in our Website and the material on our Website are reserved.
4. Licence to use website
4.1 You may:
(a) view pages from our Website in a web browser;
(b) download pages from our Website for caching in a web browser;
(c) print pages from our Website;
(d) stream audio and video files from our Website; and
(e) use our Website services by means of a web browser,
subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any Website Material or save it to your computer. For the avoidance of doubt, you may download a Licensed Product once you have purchased it.
4.3 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any Website Material.
4.4 Except in relation to Licensed Products (to which section 4.5 applies) and unless you own or control the relevant rights in the Website Material (for example, if the Website Material is your own User Content then you will own or control the relevant rights in it), you must not:
(a) republish Website Material (including republication on another website);
(b) sell, rent or sub-license Website Material;
(c) show any Website Material in public;
(d) exploit Website Material for a commercial purpose; or
(e) redistribute Website Material.
4.5 Full details of a Buyer’s rights in respect of any Licensed Product it purchases and downloads from our Website are provided in the relevant Sale Terms.
4.6 We reserve the right to restrict access to areas of our Website, or indeed our Website in its entirety, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.
5. Acceptable use
5.1 You must not:
(a) use our Website in any way or take any action that causes, or may cause, damage to our Website or impairment of the performance, availability or accessibility of our Website;
(b) use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent;
(e) access or otherwise interact with our Website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for our Website; or
(g) use data collected from our Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
5.2 You must ensure that all the information you supply to us through our Website, or in relation to our Website, is true, accurate, current, complete and non-misleading.
6. Customer registration and accounts
6.1 This Section 6 applies to Customer and prospective Customers.
6.2 Subject to section 1.6, to be eligible for an individual account on our Website under this Section 6, you must be at least 18 years of age.
6.3 You may register for a Customers account with our Website by completing and submitting the account registration form on our Website.
7. Seller registration and accounts
7.1 This Section 7 applies to Sellers and prospective Sellers.
7.2 You acknowledge and accept that by applying for, opening or operating a Seller account on our Website, you are acting for trade, business or professional purposes and that you are therefore acting as a trader (rather than a consumer) for the purposes of the Consumer Rights Act 2015.
7.3 You may apply for a Seller account with our Website by completing and submitting the account application form on our Website.
7.4 All Seller applications are individually reviewed. We will use our reasonable endeavours to review each application within 7 Business Days of the relevant application date.
7.5 Without prejudice to our other rights under these terms and conditions, we reserve the right, at our sole discretion and without notice or explanation, to reject any Seller application where we are not satisfied that any criteria set out in these terms or conditions (or any other criteria we put in place from time to time) are met.
7.7 In respect of any Seller, we will publish a Seller Storefront on our Website displaying that Seller’s Licensed Products. The Seller Storefront will remain published indefinitely, subject to these terms and conditions.
8. User login details
8.1 If you register for an account with our Website, you will be required to use a user ID and password. You shall comply with our instructions in this regard.
8.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 18; you must not use your account or user ID for or in connection with the impersonation of any person.
8.3 You must keep your password confidential.
8.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
8.5 You are responsible for any activity on our Website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
9. Cancellation and suspension of account
9.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation.
9.2 You may cancel your account on our Website using your account control panel on our Website. In no circumstances will you be entitled to any refund (including in relation to any payments you have made purchasing Licensed Products) if we cancel your account in accordance with Section 9.1.
10. Seller Listings
10.1 If you are registered as a Seller on our Website, you will be able to submit Licensed Product Listings to our Website.
10.2 All Listings that are submitted will be individually reviewed and we will use our reasonable endeavours to review any Listing within 2 Business Days of its submission.
10.3 Without prejudice to our other rights under these terms and conditions, we reserve the right to reject, unpublish and/or delete any Listings that breach these terms and conditions or that do not meet any additional guidelines for Listings published on our Website; and if we reject, unpublish or delete a Listing for any of these reasons, we will not refund any fees you may have paid to us in respect of the listing.
10.5 If we permit the publication of a Listing, it will remain published on our Website indefinitely, subject to these terms and conditions.
10.6 Listings submitted to our Website must be true, fair, complete and accurate in all respects.
10.7 You must keep your Listings up to date and in particular, you must inform us of any Listings that require removal (for example, in respect of Licensed Products that have ceased to be available). Where you deem amendments or removal necessary, you shall submit requests to us for approval.
10.8 You must ensure that all prices specified in or in relation to a Listing are:
(a) inclusive of any sums due in respect of Standard Support;
(b) in accordance with the Seller Guide.
11. Licensed Product rules
11.1 You must not advertise, buy, sell or supply through our Website any Licensed Product that:
(a) breaches any law, regulations or code, or infringes any person’s Intellectual Property Rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;
(b) consists of or contains material that would, if published on our Website by you, contravene the provisions of Section 5 or Section 19; or
(c) is or relates to: drugs, narcotics, steroids or controlled substances; pornography; obscene, indecent or sexually explicit materials; knives, swords, firearms or other weapons; ammunition for any weapon; Licensed Products that encourage or facilitate criminal acts or civil wrongs; or Licensed Products that encourage or facilitate the infringement of any intellectual property right.
11.2 In respect of every Sale, the Seller shall make available the Standard Support available to the relevant Buyer in respect of the relevant Licensed Product.
11.3 In respect of each of its Licensed Products, the Seller must provide an up-to-date Item Description which must be true, fair, complete and accurate in all respects.
12. The buying and selling process
With the exception of the products we (Cazoobi limited) make available via our website, you understand and agree that we (Cazoobi limited) are not responsible for transaction processing or the delivery of any 3rd party products accessed via our website.
13. Sale Terms
13.1 All sales terms are dictated by their respective copy write owners.
14.1 Whilst we will take reasonable steps to preserve the confidentiality of any confidential information you provide to us, we do not warrant that your use of our Website and any information you provide to us will be kept confidential.
14.2 We may from time to time make our confidential information available to you. You warrant that you will not disclose that confidential information to any other person and that you will preserve its confidentiality.
16. Our role
16.1 You acknowledge that:
(a) we check, audit or monitor the information contained in Listings,
we do so for and on our own behalf; you are advised to carry out your own due diligence and rely on your own checks and you further acknowledge that we shall have no responsibility or liability to you in circumstances where, notwithstanding this section 18.1(a), you rely on our actions;
(c) we are not party to any contract for the sale or purchase of Licensed Products advertised on our Website;
(d) we are not involved in any matter between a Buyer and a Seller in any way, save that we facilitate a marketplace for Buyers and Sellers to connect;
(e) we do not provide support or assistance in relation to a Licensed Product or its functionality;
(f) we are not the agents for any Buyer or Seller,
and accordingly we will not be liable to any person in relation to the offer for sale or sale or purchase of any Licensed Products advertised on our Website or the provision of support and assistance in relation to those Licensed Products; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any Licensed Products and we will have no obligation to mediate between the parties to any such contract.
16.2 The provisions of this Section 16 are subject to Section 21.1.
17. User Content: licence
17.1 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your User Content in any existing or future media.
17.2 You grant to us the right to sub-license the rights licensed under Section 17.1.
17.3 You grant to us the right to bring an action for infringement of the rights licensed under Section 17.1.
17.4 You hereby waive all your moral rights in your User Content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
17.5 You may edit your User Content to the extent permitted using the editing functionality made available on our Website and subject to our approval (as required).
17.6 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your User Content.
18. User Content: rules
18.1 You warrant and represent that your User Content will comply with these terms and conditions.
18.2 Your User Content must not be illegal or unlawful, must not infringe any person’s legal rights including Intellectual Property Rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
18.3 Your User Content, and the use of your User Content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any Intellectual Property Right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the Commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
18.4 Your User Content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
18.5 You must not use our Website to link to any website or web page consisting of or containing material that would, were it posted on our Website, breach the provisions of these terms and conditions.
18.6 You must not submit to our Website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
19. Report abuse
19.1 If you learn of any unlawful material or activity on our Website, or any material or activity that breaches these terms and conditions, please let us know.
19.2 You can let us know about any such material or activity by email.
20. Limited warranties
20.1 We warrant that we will make our Website available with reasonable care and skill but we do not warrant or represent:
(a) the completeness or accuracy of the Cazoobi Content;
(b) that the Cazoobi Content is up to date; or
(c) that our Website or any service on our Website will remain available.
20.2 We reserve the right to stop publishing our Website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment if we stop publishing our Website.
20.3 To the maximum extent permitted by applicable law and subject to Section 21.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our Website, the Cazoobi Content and the use of our Website.
21. Limitations and exclusions of liability
21.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a Consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
21.2 The limitations and exclusions of liability set out in this Section 21 and elsewhere in these terms and conditions:
(a) are subject to Section 21.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
21.3 To the extent that our Website, the Cazoobi Content and any other information and services on our Website are provided free of charge, we will not be liable for any loss or damage of any nature.
21.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
21.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
21.6 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a Consumer, this Section 21.6 shall not apply.
21.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a Consumer, this Section 21.7 shall not apply.
21.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with our Website, the Cazoobi Content, or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
21.9 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of the total amount paid to us under the contract.
22.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our Website or the Cazoobi Content or any breach by you of any provision of these terms and conditions.
22.2 We may, at our expense, assume the exclusive defence and control of any matter against which you indemnify us and if so, you agree to cooperate with us.
23. Breaches of these terms and conditions
23.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our Website;
(c) permanently prohibit you from accessing our Website;
(d) block computers using your IP address from accessing our Website;
(e) contact any or all of your internet service providers and request that they block your access to our Website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our Website.
23.2 Where we suspend or prohibit or block your access to our Website or a part of our Website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
24. Third party websites
24.1 Our Website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
24.2 We have no control over third party websites and their contents, and subject to Section 21.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
25. Trade marks
25.1 [Identify trade marks], our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
25.2 The third party registered and unregistered trade marks or service marks on our Website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
26.1 We may revise these terms and conditions from time to time.
26.2 We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our Website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our Website.
27.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a Consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
27.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
28.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
28.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
29. Third party rights
29.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
29.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party except for in circumstances involving an adult providing consent pursuant to section 1.6.
30. Further assurance
Each party shall, and shall use all reasonable endeavours to procure that any necessary third party shall, promptly execute and deliver such documents and perform such acts as may reasonable be required for the purpose of giving full effect to these terms.
No failure or delay by Cazoobi to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy by Cazoobi shall preclude or restrict the further exercise of that or any other right or remedy.
32. No partnership or agency
32.1 Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.
32.2 Each party confirms that it is acting on its own behalf and not for the benefit of any other person.
33. Entire agreement
Subject to Section 21.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our Website and shall supersede all previous agreements between you and us in relation to your use of our Website.
34. Law and jurisdiction
34.1 These terms and conditions shall be governed by and construed in accordance with English law.
34.2 Subject to section 34.3, any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
34.3 If you are a Consumer and are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a Consumer and a resident of Scotland, you may also bring proceedings in Scotland.