Other terms

In these terms the following definitions shall apply

App
the mobile application operated by us to compliment and run alongside the Site

Buyer
that person (including a corporate body) who enters into a contract for the sale and purchase of a Product

Contract
that contract entered into between you and us for the use of our site or App and related services, and which incorporates these Other Terms¸ our Website Terms of Use, Acceptable Use Policy, Privacy Policy, Product Rules, Fees, and Rules for Establishing an Account

our site
www.marketofmums.com

us/our/we
Mom Trading Group Limited

Product
that product which is listed for sale on our App by a Seller

Seller
that person (including a corporate body) who lists a Product for sale on our App

You/your
the person that utilises our App whether as a Buyer, a Seller or otherwise.

Limited warranties

We do not warrant or represent:

  • the completeness or accuracy of the information published on our App;
  • that the material on our App is up to date; or
  • that our site or App or any service on it will remain available.

We reserve the right to discontinue or alter any or all of our App at any time in our sole discretion without notice or explanation;

To the maximum extent permitted by applicable law we exclude all representations and warranties relating to the subject matter relating to the Contract.

Limitations and exclusions of liability

What we don’t exclude:

Nothing in these terms and conditions or any of our policies will:

  • limit or exclude any liability for death or personal injury resulting from negligence;
  • limit or exclude any liability for fraud or fraudulent misrepresentation;
  • limit any liabilities in any way that is not permitted under applicable law; or
  • exclude any liabilities that may not be excluded under applicable law.

If you are a consumer, your statutory rights will not be excluded or limited by these terms.

The limitations and exclusions of liability set out in this document:

  • are subject to the What we don’t exclude paragraph (above); and
  • govern all liabilities arising under the Contract or relating to its subject matter, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in the Contract.

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or App and any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • use of, or inability to use, our App; or
    • use of or reliance on any content displayed on our site or App.

In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user:

  • Please note that we only provide our site and mobile app for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Cap on liability:

  • Our aggregate liability to you under the Contract shall not exceed the amount payable to us by you.

Indemnity

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:

  • any breach by you of any provision of the Contract; or
  • your use of our App.

Breaches of Contract

If you breach these terms and conditions of the Contract in any way, or if we reasonably suspect that you have breached any of the terms of the Contract we may:

  • send you one or more formal warnings;
  • temporarily suspend your access to our App;
  • permanently prohibit you from accessing our App;
  • block computers using your IP address from accessing our Mobile application website; and/or
  • commence legal action against you, whether for breach of Contract or otherwise.

Where we suspend or prohibit or block your access to our App (or part of it), you must not take any action to circumvent this (including without limitation creating and/or using a different account).

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.

Any third party registered and unregistered trade marks or service marks which may appear from time to time on our site and App are the property of their respective owners and, unless stated otherwise, 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.

Variation

We may revise the terms of the Contract from time to time

If you have given your express agreement to our terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on our App and you must stop using our service.

Assignment

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under the Contract

You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under the Contract.

Severability

If a provision of the Contract is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

If any unlawful and/or unenforceable provision of thee Contract 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.

Third party rights

The Contract for the benefit of you and us and is not intended to benefit or be enforceable by any third party.

The exercise of the parties’ rights under the Contract is not subject to the consent of any third party.

Entire agreement

The terms of the Contract shall constitute the entire agreement between you and us in relation to your use of our website and its subject matter and related services and shall supersede all previous agreements between you and us in relation to them.

Law and jurisdiction

The Contract shall be governed by and construed in accordance with English law.

Any disputes relating to the Contract shall be subject to the exclusive jurisdiction of the courts of England except where you are a consumer residing in the United Kingdom, in which circumstances the area within the United Kingdom within which you reside will have non-exclusive jurisdiction.

Copy of terms

We will not file a copy of the terms which constitute the Contract specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our site or App. We recommend that you consider saving a copy of these terms and conditions for future reference.