USER TERMS AND CONDITIONS

THESE TERMS APPLY TO BUYERS AND PROXIES. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING PROXYEED

Date last revised: 30/07/2018

  • 1. Who we are
    • 1.1 PROXYEED is a website and mobile application designed to connect Buyers with sellers (Proxies) for the purposes of acquiring goods sold and distributed by third parties in real time. It is operated by PROXYEED LIMITED, a UK registered, private limited company (number 11337029) with its registered office on the 3rd Floor at 207 Regent Street, London W1B 3HH (we/us/our).
    • 1.2 To contact us at any time, please email us at yo@proxyeed.co.uk in the first instance.
  • 2. How these terms apply
    • 2.1 These Terms govern your access to, and use of, PROXYEED at all times, whether as a Buyer or a Proxy (defined in section 3). This includes any content you post on it and any data you have opted to receive from it. By using PROXYEED, you agree to be bound by these Terms, as well as our:
      • 2.1.1 Acceptable Use Policy, applicable to all who upload any content to PROXYEED (available at https://www.proxyeed.co.uk); and
      • 2.1.2 Privacy Policy, which sets out how PROXYEED processes any personal data you provide to us under or in connection with your use of it (available at https://www.proxyeed.co.uk).
      • (together, Proxyeed Policies)
    • 2.2 The Proxyeed Policies constitute the entire agreement between you and use in relation to your use of PROXYEED; superseding all prior understandings between you and us. The Proxyeed Policies may not be varied other than through mutual agreement between you and an authorised PROXYEED representative.
    • 2.3 We reserve the right to change any of the Proxyeed Policies at any time, with or without notice. You are strongly advised to check the Proxyeed Policies from time to time to take note of any changes we may have made, as they will be binding on you if you continue to use PROXYEED. Continued use will be treated as acceptance.
    • 2.4 Some of the provisions contained in the Proxyeed Policies may be superseded by notices published elsewhere on PROXYEED.
    • 2.5 YOUR SPECIFIC ATTENTION IS DRAWN TO sections:
      • 2.5.1 which limit our liability to you (13);
      • 2.5.2 that list the disclaimers we give to you (12);
      • 2.5.3 that specifically list the warranties we do not give to you when using PROXYEED (11); and
      • 2.5.4 advising you on how to resolve any disputes with us (17).
  • 3. Interpretation
    • 3.1 In these Terms:
      • Buyer refers to the person appointing the Proxy to purchase the Product;
      • Proxy refers to the person acting on the Buyer’s behalf to purchase the Product;
      • Processing Fee refers to the charge levied by PROXYEED’S authorised payment gateway, as a fixed % of the Purchase Price;
      • Product refers to the third party retail product to be purchased by the Proxy;
      • Proxyeed Fee refers to our fee for facilitating the Transaction and connecting the Buyer with the Proxy, as notified to you immediately prior to appointing the Proxy and proceeding with the Transaction (currently 3% of the Purchase Price), paid by the Buyer;
      • Proxy Fee refers to the Proxy’s fixed charge for their time and effort incurred in completing the Transaction and delivering the Product to the Buyer (inclusive of postage, packaging and third party delivery and shipping costs);
      • Purchase Price refers to the total price to be paid by the Buyer to the Proxy for the Transaction, inclusive of the Product’s retail price and the Proxy’s Fee;
      • Rating refers to the user-generated reliability and performance rating given to any Proxy or Buyer;
      • Transaction means any purchase of a Product that you make using PROXYEED as a Buyer, or any purchase of a Product you complete on the Buyer’s behalf as a Proxy; and
      • You/your refers to you as a user of PROXYEED, whether as a Buyer or a Proxy.
    • 3.2 Headings are for reference purposes only and do not limit the scope or extent of each section.
  • 4. Your account
    • 4.1 To start using PROXYEED, you need to register with us. This can be done through the mobile application and registration is free. To do so, you need to provide us with the information requested, some of which is your personal data (held in accordance with our Privacy Policy).
    • 4.2 To register, you must satisfy the eligibility criteria set out in section 4.3. Whilst you do not need to be over the age of 18 to register with PROXYEED, you cannot buy and sell through PROXYEED unless you are 18 or over (as the minimum legal age to enter into a binding contract under English law). You may be required to provide identification (in electronic form) to verify your age before your registration is approved and your account is activated.
    • 4.3 By registering with PROXYEED, you WARRANT TO US that you:
      • 4.3.1 are not currently a registered user (multiple accounts are not permitted);
      • 4.3.2 have not previously had your registration cancelled or suspended;
      • 4.3.3 are registering on your own behalf and not for someone else (other than someone over whom you have parental control or guardianship);
      • 4.3.4 have provided true, accurate and complete information (and will keep the same up to date); and
      • 4.3.5 are acting outside of the course of business (for domestic purposes only).
    • 4.4 Your account information is unique to your account. Login details and any passwords are confidential information, and must be treated as such and you:
      • 4.4.1 will take all reasonable steps to prevent any unauthorised use of your account or the unauthorised disclosure of your account details; and
      • 4.4.2 agree to notify us of any breach of security, unauthorised use of the account, or inadvertent disclosure of your account details as soon as reasonably practicable after discovery.
  • 5. Access
    • 5.1 Your access to, and use of, PROXYEED is conditional on your compliance with all Proxyeed Policies. We reserve the right to disable, suspend or terminate any account and any access to PROXYEED if (in our reasonable opinion):
      • 5.1.1 you have failed to comply with any of these Terms;
      • 5.1.2 we consider that doing so will improve the security of, and user confidence in, PROXYEED;
      • 5.1.3 we think that you are acting outside of the spirit of any Proxyeed Policy;
      • 5.1.4 you consistently receive negative Ratings; or
      • 5.1.5 we are unable to verify or authenticate any information you provide to us.
    • 5.2 Reinstatement of your account will only be granted on satisfactory assurance to us (including any evidence, where requested) that sufficient steps have been taken to prevent such circumstances recurring.
    • 5.3 Access may be temporarily suspended during periods of scheduled maintenance. We will use reasonable endeavours to notify you of any such periods in advance.
  • 6. Account closure
    • 6.1 If you no longer wish to use PROXYEED, and do not want to remain registered with us (for any reason), you can close your account by emailing us at yo@proxyeed.co.uk.
    • 6.2 Closing your account means that your profile will be shut down and you will no longer be able to access information from PROXYEED, including your connections.
    • 6.3 Third party search engines may still display your information temporarily following closure. This is due to the way they collect and update their search data.
    • 6.4 We may cancel or disable accounts that have been inactive for 6 months. Before this happens, we will contact that account holder in writing, using the email address linked to the account.
    • 6.5 When considering how to apply any sanctions in relation to any account, we may consider the Buyer’s or the Proxy’s performance history (including Ratings) in addition to the specific circumstances.
  • 7. Process
    • 7.1 PROXYEED does not have possession of any Product listed or sold through it, and we are not involved in the Transaction (other than providing the platform to connect Buyers with Proxies). Any contract for sale is between the Buyer and the Proxy who are independently responsible for complying with all applicable laws and regulations concerning the sale and postage of Products.
    • 7.2 If there is any problem with the relevant Product, this is a matter for the Buyer to take up with the Proxy or the retailer directly, in accordance with their statutory rights (which are not affected).
    • 7.3 When you wish to complete a Transaction as a Buyer, you must select your Proxy. Once your Proxy has accepted the instruction, you must pay the Purchase Price through our authorised payment gateway (from time to time), with whom you must also hold an account. Funds will then be released to the Proxy who can purchase the Product on the Buyer’s behalf.
    • 7.4 The Transaction is complete when you receive the Product. This occurs on the earlier of the:
      • 7.4.1 time that you notify us, through your account, that you have received the Product; or
      • 7.4.2 ten days after the date the Product was purchased by the Proxy (unless you notify us in advance that the Product has not been delivered).
    • 7.5 PROXYEED will display available Proxies in relation to specific Products that you search for. You can select your Proxy (considering the Proxy’s Rating and their Proxy Fee) and the Proxy is free to accept or reject any purchase offers from any Buyer, for any reason.
    • 7.6 Proxies are free to determine whichever Proxy Fee they consider to be appropriate, and this can change at any time before payment is made to the payment gateway. Proxy Fees are negotiable, but this is subject to the Proxy and any communication between the Proxy and the Buyer.
    • 7.7 Where the Transaction does not complete for any reason through no fault of the Buyer (such as the Proxy was unable to purchase the Product, the Product is lost in transit or not otherwise delivered to you), you must notify us and we will process the return of the Purchase Price within 5 days (using the same payment method you used to pay the Purchase Price), less the Proxyeed Fee and any Processing Fee (which are non-refundable from the point the Proxy’s appointment is accepted).
  • 8. Fees
    • 8.1 Access to PROXYEED through registration is free of charge. Any Transaction you conclude through PROXYEED will be subject to the:
      • 8.1.1 Proxy Fee;
      • 8.1.2 Proxyeed Fee; and
      • 8.1.3 Processing Fee.
    • 8.2 The Buyer must pay the Purchase Price in GBP£ through PROXYEED’s payment gateway using credit or debit card, or your existing balance with your payment gateway’s account. Once the Purchase Price has been paid, the Proxy will receive a notification and the Proxy’s appointment will be confirmed. You will only be able to cancel after this point if you notify the Proxy and the Proxy has agreed to return the funds to you (at which point, the Proxyeed Fee and the Processing Fee will remain payable, and any part of the Proxy Fee, in addition).
    • 8.3 All fees will be deducted from the Purchase Price, once the Transaction is complete. The Proxy Fee will be paid by the Buyer; Proxyeed’s Fee and the Processing Fee are deducted from the Purchase Price, once paid.
    • 8.4 The Buyer will be additionally liable for any third party charges levied by their bank or card provider in connection with making payment of the Purchase Price.
  • 9. Ratings
    • 9.1 Once a Transaction is complete, both Buyer and Proxy are required to leave a rating (on a 1-5* scale) of their counterparty’s performance in relation to that specific Transaction, with a short optional sentence for feedback. Any Rating is subject to our Acceptable Use Policy.
    • 9.2 You must leave an honest Rating for each Buyer or Proxy you conclude a Transaction with. You will be prompted to leave a Rating on the next occasion that you use PROXYEED after completion of a Transaction, and will not be able to continue to use your account until you do so.
    • 9.3 Ratings are user-generated. We do not endorse, approve, agree with or provide any warranty or guarantee as to the accuracy or reliability of any Rating.
  • 10. IP Rights
    • 10.1 In these Terms, “IP Rights” refers to any patent, know-how, trade mark, or name, service mark, design right (whether registered or unregistered), copyright, rights in passing off, database right, rights in commercial or technical information, any other rights in any invention, discovery or process and any other intellectual property rights, whether registered or unregistered and including applications for the grant of any such rights and all rights or forms or protection having equivalent or similar effect in each case in England and anywhere else in the world.
    • 10.2 You accept and acknowledge that PROXYEED owns all rights and interests in, and titles to, all IP Rights in PROXYEED. You shall not acquire any such rights, interests or titles to PROXYEED, or any of the data contained on it (other than your personal data), except where expressly stated in these Terms.
    • 10.3 PROXYEED is © of Proxyeed Limited. Any trademarks or logos featuring on PROXYEED are owned by Proxyeed Limited.
  • 11. Proxy warranties
    • When listing yourself as available to provide services in relation to a Transaction, you warrant to PROXYEED and the Buyer that you:
    • 11.1 are in, or able to join, the relevant queue for the Product at the relevant time;
    • 11.2 have sufficient means to purchase the Product from the retailer; and
    • 11.3 will arrange to deliver the Product to the Buyer promptly after purchase (in any event, within 3 days).
  • 12. Proxyeed warranties
    • 12.1 Whilst we may facilitate the resolution of disputes through PROXYEED, we have no control over, and do not guarantee:
      • 12.1.1 the existence, quality, safety or legality of any Products;
      • 12.1.2 the ability of the Proxy to purchase the Product; or
      • 12.1.3 that a Proxy will actually complete a Transaction.
    • 12.2 The primary purpose of PROXYEED is to provide an easy way to connect potential buyers with popular third party products, through those who are willing to offer their time to queue to purchase and deliver them on their behalf (Proxies). Any product purchased by your Proxy is made solely on your instruction(s). In doing so, we do not:
      • 12.2.1 endorse, approve or otherwise recommend any third party product, for any purpose;
      • 12.2.2 provide any warranty as to merchantability, compatibility or quality;
      • 12.2.3 influence the Purchase Price for sale offered by your Proxy;
      • 12.2.4 advise you as to whether the Purchase Price quoted by any Proxy represents value for money.
    • 12.3 PROXYEED may (from time to time) contain links to websites or applications owned or operated by other companies. We are not responsible for, nor do we endorse or approve the content of, those websites (or the business practices of those who control them).
  • 13. Disclaimers
    • 13.1 Access to PROXYEED is provided on an “as is” basis only. We do not guarantee to you that:
      • 13.1.1 its content will be complete, accurate and up-to-date at all times; or
      • 13.1.2 your access to your account will be continuous, uninterrupted and error-free (including glitches, bugs or inaccuracies) at all times.
    • 13.2 Whilst we use all reasonable endeavours to ensure PROXYEED is a safe, secure and reliable environment for all, we cannot guarantee this at all times. Whilst we use techniques to verify the accuracy and truth of information provided by our users, total user verification is difficult.
    • 13.3 Use of PROXYEED has to remain at your own risk and you will be responsible for any resultant damage to your software or computer systems, including any resultant loss of data, from your use of PROXYEED.
  • 14. Limitation of our liability
    • 14.1 We expressly disclaim all liability to you for all losses, damages or additional costs (whether direct or indirect) that you may incur as a result of:
      • 14.1.1 your use of (or inability to use) PROXYEED;
      • 14.1.2 the loss or corruption of any data you store with PROXYEED;
      • 14.1.3 the temporary or permanent unavailability of PROXYEED (including any delays or disruptions);
      • 14.1.4 the actions of another Buyer or Proxy;
      • 14.1.5 a virus or other malicious software infecting your computer or device (where you do not have up-to-date anti-virus software);
      • 14.1.6 the content of another company’s website, or their business practices, that you access through PROXYEED; or
      • 14.1.7 another company’s advertisement displayed on PROXYEED.
    • 14.2 Nothing in these Terms, or any of the Proxyeed Policies, shall limit our liability to you for anything that cannot be excluded or limited (reasonably) under applicable English laws.
  • 15. Linking
    • 15.1 You may link to PROXYEED’s home page only, provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of such.
    • 15.2 Where you wish to link PROXYEED with any other website, blog or page, you agree not to:
      • 15.2.1 establish a link in such a way as to suggest any form of association with, approval of or endorsement on our part with any third party product or service (where none exists);
      • 15.2.2 establish a link to PROXYEED on any website that is not owned, operated or controlled by you; or
      • 15.2.3 frame PROXYEED on any other site.
  • 16. Transfers
    • 16.1 Your account is personal to you. You cannot assign or transfer your account to, or for the benefit of, any other person. These Terms will remain applicable to you if you do assign or transfer any such account, and you will be responsible for the acts or omissions of your transferee or assignee.
    • 16.2 We may assign our rights under these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  • 17. Dispute resolution
    • 17.1 If a dispute arises between you and PROXYEED, we strongly encourage you to contact us directly to seek a resolution. Please contact us at yo@proxyeed.co.uk if a dispute arises.
    • 17.2 We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures as alternatives to litigation.
    • 17.3 If you have a dispute with any other user (Buyer or Proxy), you release us and our officers and employees from claims, demands and damages (actual or consequential) of every kind and nature arising under or connected with such dispute.
    • 17.4 If you receive a Product which is not as described or not of official quality, please contact the Proxy in the first instance. Where you do not receive a satisfactory response from the Proxy, please contact us at yo@proxyeed.co.uk.
    • 17.5 Where a Product is faulty, you must contact the retailer from whom the Product was bought.
  • 18. General
    • 18.1 STATUS We are an independent service provider. Proxies act as purchasing agents for Buyers. We are not, at any time, your agent, partner or trustee.
    • 18.2 NO WAIVER Any failure by us to insist upon strict performance of any part of the Proxyeed Policies, or any delay to exercise any rights or remedies to which we are entitled shall not constitute a waiver of such right or remedies.
    • 18.3 SEVERANCE If any provision or part-provision of these terms become illegal, invalid or unenforceable such provision will be deemed modified to the minimum extent necessary to make it valid, legal or enforceable. If such modification is not possible, such provision will be deleted without affecting the validity of the remainder.
    • 18.4 NOTICES Any notice given by you to us in connection with any Proxyeed Policy must be in writing. Any notice we give to you shall be through the email address you provide to us on registration.
    • 18.5 THIRD PARTIES No person who is not a party to any Proxyeed Policy shall have any rights under Contracts (Rights of Third Parties) Act 1999 to enforce any terms of the Proxyeed Policies.
    • 18.6 GOVERNING LAW English law shall apply to all Proxyeed Policies. Any matters arising from, or connected with, your use of PROXYEED, including any dispute between you and us (including non-contractual disputes) will be subject to the exclusive jurisdiction of the English courts.

Thank you for using PROXYEED.