Terms and Conditions for Website Use
ABOUT US
The website at www.rushbrooks.co.uk ( “Website”) is owned and operated by:
Rushbrooks Auctioneers and Valuers Ltd (“Rushbrooks”, “we” or “us”),
Registered in England: 13069016.
Email: info@rushbrooks.co.uk
Tel: 01962 676534
If you wish to contact us please use the details above.
Please understand that reporting a concern about Website content does not guarantee that it will be removed from the Website.
WEBSITE TERMS OF USE
Use of the Website is strictly subject to these Terms of Use. By using the Website you accept these Terms of Use as forming a binding agreement between you and Rushbrooks and you agree to abide by them. If you do not agree with our Terms of Use please immediately discontinue your use of our Website and do not use any of our Services.
In addition to these Website Terms of Use, if you wish to participate in any of our auctions you will need to become a registered user at Auctionet and accept Auctionet´s registered user terms which together with these Website Terms of Use will apply to your participation in any auction.
Any personal data which is collected or stored by us, including arising out of or in your use of the Website or your use of any Services shall be subject to our Privacy Policy and our Cookies Policy and our Privacy Policy and our Cookies Policy are each by this reference incorporated into and form part of these Terms of Use. In summary, we will use the information about you to manage your account if you are a registered user, to personalise your use of the Website, and to send you details of products and services that we offer (if you agree). We will share your information with our other group companies for these purposes, but we will not share your information for marketing purposes with any third parties. Please see our Privacy Policy for full details.
These Terms of Use are subject to change. We reserve the right in our sole discretion to amend or otherwise update these Terms of Use at any time without notice. Notification of any amendment shall be effected by posting the amended Terms of Use on the Website and the amended Terms of Use shall then become effective immediately, but no changes will be retrospective. Your continued use of the Website shall mean that you agree to be bound by these Terms of Use as amended or otherwise updated.
ACCESS TO THE WEBSITE
The permission granted to you to use this Website is conditional upon you complying at all times with these terms, our Privacy Policy, and any additional terms associated with any facilities or features in which you may elect to participate with respect to our Website (“Terms of Use”). By accessing and using the Website including any feature, function, content or service provided on or through the Website (each a “Service”), you, and any person, company or other entity on whose behalf you are accessing our Website and our Services, agree to our Terms of Use regardless of whether or not you choose to register with us.
Access to the Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Website without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period.
INTELLECTUAL PROPERTY
All materials on the Website and all intellectual property rights in the Website are owned, licensed to and/or controlled by Rushbrooks and its licensors. All material on the Website is protected by copyright. Permission is granted only to electronically copy and/or print in hard copy portions of the Website for personal, non-commercial purposes. Any other use of the materials on the Website (including but not limited to making such material available on any other website, online service, social networking site or networked computer environment) is strictly prohibited unless otherwise expressly agreed by us.
All trade marks, service marks, trade names, branding and logos on the Website identifying Rushbrooks, its licensors and/or their products and services are subject to copyright, design rights and trade marks owned by Rushbrooks and/or its licensors. Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trade mark, design right or copyright of Rushbrooks or its licensors. Please note that Rushbrooks reserves the right to protect and enforce its intellectual property rights to the fullest extent permitted by law.
If you print off, copy or download any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
LINKS
The Website may include links to other websites. We do not endorse or approve and have no responsibility for the content of any website to which the Website links including but not limited to any advertising, marketing, promotions, products or services available from such websites, nor for any loss caused by the use of or reliance on the content of such external websites.
No authority is given (expressly or implied) by us to deep link to or to frame any of the content that appears on the Website or to use any representation of any of the trade marks, service marks, trade names, branding or logos that appear on the Website. Linking to the Website is prohibited.
DISCLAIMER
Although Rushbrooks has taken reasonable care and precautions in compiling the Website, we do not make any representations or warranties of any kind (expressly or implied) with respect to the content or operation of the Website and any such representations and warranties are excluded by this notice. We do not warrant that use of the Website will be uninterrupted or error free.
Your use of the Website and the materials contained in it is entirely at your own risk. Rushbrooks does not accept any liability for losses or damages, whether direct or indirect, that you may suffer as a result of your use of the Website or your reliance on the content of the Website including but not limited to computer service or system failure, access delays or interruption, data non-delivery or mis-delivery, computer viruses or other harmful components, breaches of security or unauthorised use of the system arising from “hacking” or otherwise.
The Website is made available on the basis that all liability whatsoever for any loss or damage arising out of or in connection with your use of the Website, or reliance on the content of the Website, is excluded by us to the fullest extent permitted by law.
Any typographical, clerical or other error or omission in any page posted on the Website shall be subject to correction or deletion (as appropriate) without any liability on our part. We aim to update the Website regularly and may change the content at any time. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. The information on the Website is based on sources believed to be reliable; however, no assurances are provided to the user that the information is accurate and complete.
COMPLIANCE WITH APPLICABLE LAWS
You agree not to use the Website (or any part of it) for any illegal purpose and agree to use it in accordance with all applicable laws. You agree not to upload or transmit through the Website any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. You will not upload or transmit through the Website any material that is defamatory, offensive or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety. You will not use the Website in any manner that violates or infringes the rights of any person or company (including but not limited to rights of intellectual property, rights of confidentiality or rights of privacy). You accept that breach of any of these obligations may result in us terminating your access to the Website.
USER NAMES AND PASSWORDS
If you choose, or if you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
INTERACTIVE SERVICES
We may from time to time provide interactive services on the Website, including, without limitation, online auctions and other buying or selling facilities (together the “Interactive Services”). We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Interactive Service provided on our Website. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide on our Website, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our Interactive Services by a person under the age of 18 years old is not permitted.
SELLER AND BUYER POLICIES
If you are a seller you must comply with our Conditions of Sale including our consignment terms for sellers and any applicable product-specific notices which form part of our Auction Terms and Conditions.
If you are a bidder or a buyer at one of our online auctions (whether that auction is a ‘virtual’ auction only held online or whether you are participating online through our Website in an auction taking place in one of our salerooms) you must familiarise yourself with and accept our Conditions of Sale, Notices, Information for Buyers at Online Auctions (including any applicable product-specific notices, for example relating to watches, jewellery and clocks), which form part of our Online Auction Terms and Conditions.
As a buyer, when purchasing any item on or through this Website or any Service you agree that:
(i) You are a registered user and you have bid for and bought the item in accordance with our registered user terms and our Auction Terms and Conditions;
(ii) You will have first read the complete item listing including the full description (if available) and the related terms of sale;
(iii) You enter into a legally binding contract to purchase an item when you commit to buy an item or, in the case of an auction or similar bidding process, when you are awarded the winning bid on an item and we have sent you a confirmatory email; and
(iv) If we believe, in our sole discretion, that an error has been made in the pricing of an item, that transaction is not binding on you or the seller unless and until the seller delivers the item to you as the buyer (whether or not you may have already paid for the item).
You will not bid on any item with the intention of artificially increasing the price or desirability of the item (so-called ‘shill bidding’) or otherwise manipulate the price of an item nor assist, solicit or encourage any such activity.
CONTRIBUTIONS TO THE WEBSITE
These content standards apply to any and all material which you contribute to our Website (“Contributions”), and to any interactive services associated with it.
Contributions must:
(i) be accurate (where they state facts);
(ii) be genuinely held (where they state opinions); and
(iii) comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
(i) contain any material which is defamatory of any person;
(ii) contain any material which is obscene, offensive, hateful or inflammatory;
(iii) promote sexually explicit material;
(iv) promote violence;
(v) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(vi) infringe any copyright, database right or trade mark of any other person;
(vii) be likely to deceive any person;
(viii) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(ix) promote any illegal activity;
(x) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
(xi) be likely to harass, upset, embarrass, alarm or annoy any other person;
(xii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
(xiii) give the impression that they emanate from us, if this is not the case.
Without prejudice to your responsibilities to comply with the above content standards, you hereby assign (including by way of present assignment of future rights) all rights, title and interest, including all intellectual property rights, in and to all Contributions to Rushbrooks absolutely and you hereby grant to Rushbrooks all consents, rights, and waivers as may be necessary or desirable for Rushbrooks to use, apply and exploit your Contributions in any manner and by any means and to the fullest extent permitted by law.
LIMITATION OF LIABILITY
By accepting these Terms of Use, you expressly acknowledge, understand and agree that your access and use of this Website is at your own sole risk and that your use of the Website is on an “as is” basis and as and when available. All warranties, conditions and representations, express or implied, including but not limited to, title, non-infringement, merchantability, quality, and fitness for purpose are hereby disclaimed to the fullest extent permitted by applicable law.
Neither we nor any of our subsidiaries, affiliates, employees, agents, sellers, third-party content providers or licensors, or any of their officers, directors, employees or agents, shall be liable for any indirect, consequential, special, incidental, or punitive losses or damages which may arise out of or in connection with your use of the Website or the use of or reliance upon any of its content.
Our total aggregate liability in respect of causes of action that arise, whether in tort (including negligence), breach of contract or otherwise out of or in connection with the use of the Website or the use of or reliance upon any of its content or other information shall not exceed £500, save to the extent that any person suffers death or personal injury as a result of our negligence, or such liability arises as a result of our fraudulent misrepresentation, or otherwise if and to the extent that any such liability may not be lawfully excluded or limited.
INDEMNITY
By accepting these Terms of Use, you indemnify, defend and hold Rushbrooks, its licensors, subsidiaries, and affiliates, and their respective officers, directors, employees and agents harmless from and against any and all actions, proceedings, losses, damages, liabilities, obligations, costs. claims, charges and expenses suffered or incurred by any of the indemnified parties of whatsoever nature arising out of or in connection with your use of the Website in breach of these Terms of Use including in relation to any loss, liability, claim or demand made by a third party due to or arising out of your use of the Website. Rushbrooks reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully co operate with Rushbrooks defence of such claim.
GENERAL
The Website is controlled, operated, and administered by us from our offices within the United Kingdom and we make no representation that any Website content is appropriate or available for use at any other location outside the United Kingdom, and access to the Website from territories where the contents or products or services available through the Website are illegal is prohibited. If you access the Website from a location outside the United Kingdom, you are responsible for compliance with all local laws.
No delay, omission or forbearance by us to exercise or enforce any right, power, or remedy under the Terms of Use shall operate as a waiver thereof, and any single or partial exercise or enforcement thereof shall not preclude any other or further exercise or enforcement thereof or the exercise or enforcement of any other right, power or remedy.
If at any time any provision of the Terms of Use is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms of Use or the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of these Terms of Use.
Should any dispute arise which is not be resolved directly between you and us, there are a number of government approved and EU listed certified alternative dispute resolution service providers, including ProMediate (UK) Limited (www.promediate.co.uk) and others which can be accessed here http://ec.europa.eu/odr; but we are not obliged to and do not agree to have our customers’ complaints handled by these providers.
These Terms of Use are governed by and shall be construed in accordance with the laws of England and Wales, and any claim brought under these Terms of Use shall be subject to the exclusive jurisdiction of the courts of England and Wales.
These terms and conditions were last updated on 1st January 2021.