MLots

Welcome to MLOTS, the trading name of Mlots.com Ltd, a company registered in England, number: 03793555. Our office for correspondence is F4 Northney Marina, Hayling Island Hants, PO11 0NH. Our VAT number is GB 619 9155 11.

These terms and conditions in this User Agreement apply to the services available from http://www.mlots.com (the site)

Before prospective users may use the Site, they must read and accept this User Agreement. Prospective users are advised to seek professional assistance as appropriate. The User Agreement constitutes a legally binding agreement between users and MLOTS.

This User Agreement is valid from the effective date shown above for existing users. It is effective upon acceptance for new users.

In this User Agreement, “Auction Listing” refers to any listings designed for inclusion within an auction. “Advert” refers to an advertisement placed on the Site including “Wanted Ads”. “Feedback” refers to feedback placed by users on the Site. “Content” refers to all material placed on our site in whatever form including Auction Listings, Adverts and Feedback

Using MLOTS

Important: This website is intended for business to business use only. It is not suitable for business to consumer or consumer to consumer use.

Access to the Site is not permitted to individuals under the age of 18 or those who are not able to form legally binding contracts, or any person who has had MLOTS membership suspended or withdrawn.

While using the Site, you must not:

post, list or upload Content in inappropriate categories or areas on the Site;
breach any laws or infringe the copyright, trade mark or other rights of third parties;
fail to pay for items purchased by you, unless the seller materially changes the item's description after you place a bid on the item, a clear typographical error is made, or you cannot authenticate the seller's identity;
fail to deliver items purchased from you, unless the buyer fails to meet your listing terms, or you cannot authenticate the buyer's identity;
manipulate the price of any item or interfere with other users' listings;
circumvent or manipulate MLOTS’s fee structure, the billing process, or fees owed to MLOTS;
post, list or upload false, inaccurate, misleading, defamatory, racist, threatening or otherwise inappropriate Content;
take any action that may undermine Feedback or use any Feedback on any other site or for any purpose unconnected with the Site;
transfer your MLOTS account (including Feedback) and User ID to another party without MLOTS express consent in writing;
distribute or post spam (including unauthorised use of the email address of a user who has bought an item from you), chain letters, or pyramid schemes or engage in similar behaviour;
distribute viruses or any other technologies that may harm MLOTS, or the interests or property of MLOTS users; or
harvest or otherwise collect information about users, including email addresses, without their express consent.

All users must comply with all of MLOTS rules, policies or guides on the Site including (but not limited to) the User Agreement, The Privacy Policy , Prohibition Policy, NonBinding Bid Policy, Copyright Policy and the Buyers and Sellers Guides.

If you are registering with MLOTS on behalf of an entity, you confirm that you have the authority to legally represent that entity.

MLOTS reserves the right to check and in its discretion reject any new Adverts or Auctions Listings or other Content. If so, any relevant payments made already will be refunded less a reasonable administration fee.

MLOTS does not guarantee that any Adverts placed on a particular page on a rolling basis will appear for any minimum length of time.

Without limiting other remedies, MLOTS may at any time immediately cancel your MLOTS services and your account(s) without cause including removal of any Content posted by you. If so, MLOTS will refund in full any fees already paid which relate to the period after cancellation.

Abusing MLots
MLOTS exists for the benefit of the commercial marine industry at large and working together ensures that the Site will function for everyone’s benefit. Please report immediately any problems or inappropriate behaviour (including breaches of this User Agreement) to MLOTS.

Important: Without limiting other remedies, MLOTS may issue you with warnings, limit, suspend, or terminate MLOTS services and your account(s), restrict your access to, and your activities on, the Site (including, without limitation, by cancelling bids and removing Content), warn the MLOTS community not to transact with you and/or take technical and legal steps to stop you from using the Site if:

MLOTS receives a complaint in writing from a solicitor relating to any Content posted by you; or
MLOTS is required by law or appropriate authority
you have breached the letter or spirit of this User Agreement;
despite MLOTS reasonable endeavours, MLOTS is unable to verify or authenticate any information you provide; or

You agree not to hold MLOTS responsible for any loss you may incur as a result of MLOTS taking any of the actions described above.

If MLOTS has given notice to terminate your use of the Site or your account(s) or this User Agreement, you must not attempt to re-register for or use the Site or services or to re-post or re-submit the relevant Content .

Using information about other MLOTS users
MLOTS Site enables users to share personal and financial information in order to complete transactions. When users are involved in a transaction, they may obtain access to each other's name, User ID, email address, and other contact information, postal information and financial information. MLOTS cannot guarantee that other users will respect the privacy or security of your information and therefore MLOTS encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, MLOTS ask you to respect other users' privacy and disclose your privacy and security policies to them. In all cases, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.
You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:

MLOTS transaction-related purposes that are not unsolicited commercial communications
using services offered through MLOTS; and
other purposes that a user expressly agrees to.

Fees
The fees payable for Adverts or Auction Listings are as shown on the Site when you place the Advert or Auction Listing.

In the case of Auction Listing, there is a basic listing fee, optional additional fees for enhanced Auction Listings (eg highlighted, bold) and an end of auction fee based on the final sale price excluding VAT, all payable by the seller.

In the case of Adverts (both for sale and wanted), there is a basic listing fee plus optional additional fees for enhanced Adverts. Unless otherwise stated on the Site, the fees will cover display of the Advert on the Site for 30 days. We will automatically rebill at 30 Day intervals if you select the relisting option on the Site.

We reserve the right to change the fees on the Site at any time. Any new orders placed after the change will be subject to the new fees. Relisted adverts will be charged a t the prevailing rate at the time of billing without further notice to the User

Unless otherwise stated, all fees are payable in UK pounds sterling and will be liable to VAT at the prevailing applicable rate.

If any amount due to us is unpaid we may charge reasonable additional administration costs and/or charge interest (both before and after judgment) on the amount unpaid at the rate at the rate for the time being applicable under the Late Payment of Commercial Debts (Interest) Act 1998 and/or collect fees owed by charging any credit cards or payment methods on file with us and/or disable, suspend or remove any or all Adverts or Auction Listings of your Advertisements and/or cancel this agreement on written notice.

You agree that we may issue you with invoices in electronic format by e-mail. Invoices are payable within the period stated on the invoice.

Cancellation by you

You may cancel any Advert or Auction Listing at any time by visiting the MyMLots section of the site and manually removing the advert or auction. However, there will be no refund of payments previously made. In the case of auctions, the end of auction fee becomes immediately payable.

Content licence
When you provide MLots with Content, you grant MLots a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, trade marks, database rights and all other intellectual property rights you have in the Content, in any media known now or in the future. In addition, you waive all moral rights you have in the Content to the fullest extent permitted by law.

Important: Liability and disclaimers
Nothing in this User Agreement shall limit or exclude MLOTS liability for fraudulent misrepresentation, for death or personal injury resulting from MLOTS negligence or the negligence of MLOTS agents or employees or for any other liability that cannot be limited or excluded by law.

You will not hold MLOTS responsible for other users' actions or inactions. Although the Site may be described as an online auction website, MLOTS is not a traditional auctioneer. Instead, the Site is a venue to allow anyone to offer, sell, and buy marine-related goods and services in a variety of pricing formats, which include auction-style and fixed price formats. At no point does MLOTS have possession of anything listed or sold through the Site.

MLOTS does not guarantee that it will review users’ listings and MLOTS is not party to the actual transactions between buyers and sellers. You will not hold MLOTS responsible for the actions or inactions of buyers or sellers involved in transactions (whether such transactions are carried out on the Site or offsite) or for ensuring that they actually complete transactions.

MLOTS has no control over, does not guarantee, and you will not hold MLOTS responsible for:

the quality, safety or legality of goods or services included in Adverts or Auction Listings;
the truth or accuracy of Adverts or Auction Listings;
the truth or accuracy of Feedback or other Content;
the ability of sellers to sell or buyers to buy or pay for goods or services; or
whether a buyer or seller will actually complete a transaction.

If you intend to bid or act on any Adverts or Auction Listings, you must make appropriate enquiries before proceeding including as to their accuracy and suitability for your purposes and you must also take appropriate professional advice. You rely on Adverts or Auction Listings or other Content at your own risk.

Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on the Site.

You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on the Site.

MLOTS cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to MLOTS or post on the Site.

While MLOTS will use reasonable endeavours to maintain an uninterrupted service, it cannot guarantee this and does not give any promises or warranties (whether express or implied) about the availability of the Site or that the Site will achieve particular results. MLOTS may have to suspend the Site for repair, maintenance, improvement or other technical reasons. If so, MLOTS will make best endeavours to ensure that the suspension is for the shortest period possible.

The liability of MLOTS and its affiliates, officers, directors, agents and employees for any one event or series of related events is limited to five times the total fees paid to MLOTS in relation to Advert, Auction Listing or other service which gave rise to the liability.

MLOTS shall not be liable (including negligence) for any consequential, indirect or special damages or for economic losses (including without limit, loss of revenues, profits, contracts, business or anticipated savings) or for damage to or loss of data arising out of any breach of this agreement.

To the extent allowed by law, both parties exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.

Note: the above clauses limiting liability are subject to a reasonableness test by the courts and may not be upheld. As a backup, you should consider investigating insurance protection against liability to third parties.]

Release
If you have a dispute with one or more users, you release MLOTS (and MLOTS officers, directors, agents, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Access and interference
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to MLOTS by users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without MLOTS express written permission.

Additionally, you agree that you will not:

take any action that imposes or may impose (in MLOTS sole discretion) an unreasonable or disproportionately large load on MLOTS infrastructure;
copy, reproduce, modify, create derivative works from, distribute, or publicly display any Content (except for your information) without the prior express written permission of MLOTS and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
bypass MLOTS robot exclusion headers or other measures MLOTS may use to prevent or restrict access to the Site.

Security

Any username and password or similar information allocated to you is personal and not transferable. You must keep these secure and not disclose them to any third parties. Protect against unauthorized access to your computer. Ensure that you sign off when you finish using a shared computer. You are responsible for the acts or omissions of anyone who uses your information or account, whether fraudulent or not. You agree to indemnify MLOTS against any claims of this kind. You must notify MLOTS immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. In such case you should immediately amend your password.

Privacy
Please refer to the MLOTS Privacy Policy which explains in full the MLOTS commitments to your personal information.

Indemnity
You hereby agree to indemnify MLOTS and hold MLOTS harmless from and against all third party liabilities, claims, losses, damages, or costs arising from your breach of this User Agreement including reasonable lawyers' fees.

No agency
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement.

Notices
MLOTS shall send notices to you by e-mail or by recorded post to the email address or postal address (as applicable) that you provided to MLOTS when you registered as a member of MLOTS. Notices sent to you by e-mail shall be deemed to have been received by you 24 hours after they are sent, unless MLOTS receive notice that the email address is invalid. Notices sent to either party by recorded post shall be deemed to have been received by that party 3 days after they are sent.

Third party rights
A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.

Governing law and dispute resolution
This User Agreement shall be governed by and construed in accordance with English law. You and MLOTS both agree to submit to the exclusive jurisdiction of the English Courts.

If a dispute arises between you and MLOTS, you are strongly encouraged to first seek a resolution by contacting MLOTS Customer Support. Alternatively you may address complaints to MLOTS.com Limited at F5, Northney Marina, Hayling Island PO11 0NH. MLOTS will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General
If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. In the sole discretion of MLOTS, this User Agreement may be assigned to a third party by giving you notice in accordance with the Notices section above (but without your prior express consent), provided that MLOTS assigns the User Agreement on the same terms or terms that are no less advantageous to you.

MLOTS is not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond MLOTS reasonable control.

Section headings are for reference purposes only and do not limit the scope or extent of the sections.

MLOTS failure to act with respect to a breach by you or others does not waive MLOTS right to act with respect to subsequent or similar breaches.

MLOTS may amend this User Agreement at any time by posting the amended terms on the Site at least 30 days before they become effective. Except as stated elsewhere in this User Agreement, all amended terms shall automatically be effective if you use the Site after they become effective. This User Agreement may not be otherwise amended except in a writing signed by you and MLOTS.

This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter.

The following Sections survive any termination of this User Agreement: Fees (with respect to fees owed for MLOTS services), Content Licence, Liability and Disclaimers, Release, Indemnity, Third Party Rights and Governing law and dispute resolution.