Terms and Conditions of Website Use

1. Acceptance

The following user agreement (referred hereafter as “Agreement”) pertains to the online marketplace provided by Luvo including listings, notifications, payment processing & email Sites (referred hereafter as “Site”). If you do not agree to all of the following terms or conditions, or future modifications, contained in this agreement then do not use the Site.

2. About Us

Luvo (U.K.) Ltd (trading as Luvo) (“Luvo”), a company registered in Scotland under the company number SC556036.  Our registered office address is 21 Langlands Avenue, Kelvin South Business Park, East Kilbride, G75 0YG.  Our email address is (info@luvo.com).

Definitions

"Agreement"

means these Terms and Conditions of Use as applicable to a person accessing the Site and use thereof

“Buy Request” 

means a request to purchase an item as advertised by a Member within a listing

“Content” 

means product listings, advertisements, information as found on the Site

“Listing” 

means an advertisement placed by a Member wishing to sell an item

“Luvo” 

means Luvo (U.K.) Ltd, the owner and operator of the Site

“Member” “User” 

a person registering their personal details and creating an account / Member Profile on the Site in order to create listings and/or offer to purchase items from other Members.

“Non-Registered User” 

a person who is visiting the Site, but has not registered or created a Member Profile on the Site.  Non-Registered Users can view listings and Member Profiles only.

“Registration or Register” 

means creating a member account with Luvo, agreeing to the Site Terms & Conditions

“Site” 

means the online marketplace platform (www.Luvo.com)

3. Online Selling Platform

Luvo is an online marketplace platform that allows users to buy and sell items. As Luvo is merely a platform, you agree that you are solely responsible for your interactions with other users, individuals or organisations (referred hereafter as “Members”) found on the Site. In the event of a dispute between you and other Members, you understand and agree that Luvo is not obligated in any way to become involved. You also agree that Luvo shall not be responsible or liable for any losses or damages of any kind resulting from your interactions with other Members found on the Site. If there is a dispute between you and any Members you hereby release Luvo, it's officers, agents, employees and successors in rights from all claims, demands & damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and / or the Site.

4. User Profiles

Members

Members are Users who have registered their personal details on the site and created an account with Luvo. Members have access to all the features of the Site and can create listings and make offers on other Members listings.

Members must be at least 18 years old to use the Site.  In registering your details with Luvo, you agree that you are at least 18 years of age.

Members registering on behalf of a business warrant that they have the authority to do so and bind the business in to contracts.

Luvo do not verify Members identities and therefore transactions carried out on the Platform are done so at Members own risk.

Non-Registered Users

Some parts of our Site are available to non-registered Users.  Listings and profiles can be viewed, but non-registered Users cannot create listings or make offers on listings.

5. Our Fees

Luvo charges fees on listings placed on the site. These fees are fixed and include a Purchase Listing Fee and an Offer Acceptance Fee.  Further information on our Fees can be found on our Current Fees page (http://help.luvo.com/knowledge-base/luvo-fees/)

Fees accrued throughout the month are rolled up each month end and collected through Members preferred payment method as specified in My Luvo.   Luvo Members are therefore required to ensure they have an active recurring payment method on file at all times and Members authorise Luvo to continue to charge their preferred payment method for all incurred fees.

Luvo reserves the right to amend payment amounts from previous months where errors have occurred to correct these issues

Where Luvo has been unable to collect a Members monthly fees, the Member account will go on hold until a one off payment is made to clear the outstanding balance.   Member accounts on hold will have limited functionality and this includes, but is not limited to (i) not able to create Buy Requests; (ii) not able to make offers; (iii) limitation on notifications being received winning offers made prior to the account being on hold.

6. Placing a Listing/Content

Because Luvo behaves as a hands off method for publishing information online, the responsibility of all text, postings, messages, images, photos, links, or other material (referred hereafter as “Content”) provided on the Site are the responsibility of the Members providing that Content.  

Members must ensure that any content that they add or upload does not breach the intellectual property rights of any third party.  Full details of our Intellectual Property Policy and how to report an infringement can be found at http://help.luvo.com/knowledge-base/intellectual-property-policy-and-infringement-claims/.

Content listed on the site may be legal within the United Kingdom, however it is the sole responsibility of Members to ensure that they comply with any applicable laws when buying or selling from countries outside the United Kingdom.   Members fully indemnify Luvo for any loss or additional fees or fines received if they have not carried out due diligence in this regard

By posting Content to any area of the Site you agree to grant to us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, sub licensable (through multiple tiers) license to use, distribute, publish, perform, and copy said Content. Any Content used by Luvo will be used in accordance with our Privacy Policy.

All listings are subject to our Acceptable Listing Policy (http://help.luvo.com/knowledge-base/acceptable-listing-policy/).

Luvo also reserves the right to disallow, remove or move Content for any infraction of the above conditions or for any reason whatsoever.

7. Incomplete / Cancelled Sales

In some circumstances, after an offer has been accepted, a sale may not complete.  If the reason for non-completion is because of the Seller, we reserve the right to claim additional costs and loss of earnings from the Seller and any such monies can be collected using any of the payment methods that we hold against your file.

8. Feedback

Luvo provides a feedback system enabling Members to rate user’s suitability.  These feedback scores are created using algorithms.  We reserve the right to change the algorithms as required.

Members must not attempt to circumvent the feedback system by attempting to add feedback to their own account through a secondary account, nor provide unjustified feedback against another Member. 

Members are prohibited from offering incentives for better feedback or threatening to leave negative feedback to gain further benefit. 

9. Luvo's Intellectual Property & Trademarks

You may not use, or permit the use of, any intellectual property, logo’s, images, trademarks, trade names or service marks in connection with the Platform except as we otherwise direct in writing. You may use the Trademarks only in connection with such products and services as we specify and only in the form and manner we prescribe in writing. You must comply with all trademark, trade name and service mark notice marking requirements. In the event any person or entity improperly uses or infringes our Intellectual Property or our Trademarks or challenges our use or ownership of the Intellectual Property or Trademarks, we reserve the right to control all litigation.

10. Spam Policy

Luvo expressly prohibits the sending of unsolicited emails to Luvo users through the Site. Any unauthorised use of the Luvo computer system is a violation of the Agreement

11. Termination of Registered Accounts

Luvo aim to create a platform that is user-friendly and available for all our Members.  For this reason, Luvo reserves the right to suspend or terminate Member accounts if:

  • Members attempt to complete a sale outside the Site or requesting refunds directly from Payment provider;
  • Failing to pay incurred fees.  We may seek external recovery methods as appropriate even after accounts are suspended or terminated;
  • Members failure to adhere to our dispute resolution process and further fail to adhere to any additional requirements as we may set out from time to time;
  • Members who are found to have infringed our minimum age requirement will have their accounts terminated and IP addresses blocked from our Servers;
  • Failure of Members to complete a sale without good reason;
  • Members are found to have collaborated with third parties to influence product prices within the market, aiming to keep prices inflated;
  • Members placing Buy Requests who have no intention of closing the sale;
  • Members found to be posting spam in listings, feedback, offers or elsewhere on the Site;
  • Members who infringe a third party's intellectual property rights;
  • Abuse of reporting mechanisms;
  • Data scraping / screen scraping for marketing or similar purposes;
  • Use of technology or processes aimed at overloading our servers causing degradation of server performance or user experience;
  • Breach of any clause contained within these Terms & Conditions

Luvo reserves the right to terminate Member Accounts which have become inactive for a period of two (2) years.  Credit balances within these dormant accounts will be lost.

Luvo at its sole discretion has the right to terminate your access to the Site and remove any Content in the Site if at its sole discretion any terms of the Agreement have been violated, or for any other reason. Luvo shall not be liable to you or any third party for any termination of your access.

12. Disputes

Luvo provides a platform bringing our Members together and we therefore expect members to resolve any disputes between themselves before contacting us.  However, if members cannot resolve the dispute themselves, we will intervene but our action is limited to making recommendations and/or suspending or terminating Member accounts.  Members are not forced to adhere to our recommendations or decisions.  Luvo reserves the right to charge either party to compensate for any costs incurred or for loss of earnings.

If Members raise a dispute with Luvo, it is expected that all users must respond to communications raised as part of the dispute resolution process, in a timely manner.   Failure to do so may result in Luvo making a decision against you and/or suspending or terminating your account.    We can only act on information available within the Platform, Members are therefore urged to ensure all communication and payments are processed through the Site.

Failing this, any dispute or difference arising out of or in connection with these terms, including any question regarding its existence, validity or termination, shall be determined by the appointment of a single arbitrator to be agreed between the parties, or failing agreement within fourteen days after either party has given to the other a written request to concur in the appointment of an arbitrator, by an arbitrator to be appointed by the Scottish Arbitration Centre on the written application of either party.  The seat of arbitration shall be Scotland.  The language to be used in the arbitral proceedings shall be English.

13. Proprietary rights

All Content published on the Site is protected by copyright, pursuant to copyright laws and international convention. Additionally, any reproduction, modification, publication, distribution, redistribution, transmission, transfer, sale, display or exploitation of the Content on the Site, whether in whole or in part, constitutes a violation of law and is prohibited.

14. No Warranty

The site is provided “as is” without warranty of any kind, express or implied, including, but not limited to, the implied warranties of fitness for a particular purpose, and non-infringement.

15. Limitation of Liability

In no event shall Luvo, it's officers, agents, employees and successors be liable to you or any third party for any direct or indirect, special, incidental, or consequential damages in connection with or arising from errors, omissions, delays or other cause of action that may be attributed to your use of the site, information, advice or products received through or advertised in connection with the site.

16. Legal Compliance

You shall comply with all applicable domestic and international laws, regulations and ordinances applicable to your use of the Site under this Agreement. You agree that Luvo is not liable for results caused by your or other participant's failure to comply with all domestic and international laws, regulations and ordinances applicable to activities under this Agreement.

17. Indemnity

You agree to indemnify and hold Luvo, its officers, agents, employees, and successors harmless from any loss, liability, claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Site, violation of this Agreement or any breach of your representations and warranties set forth above.

18. Governing Law

This Agreement shall be interpreted and construed according to, and governed by, the laws of Scotland. The courts located in Scotland shall have exclusive jurisdiction to hear any dispute under this Agreement.

 

Luvo Terms and Conditions v1.0 (1st May 2017)