As a condition of your use of Village you agree that you will not:
The Village mobile app is compatible with Android and iOS devices, although perfect performance cannot be guaranteed on every device as versions differ. Please note that additional terms and conditions by the Google Play Store and the Apple App Store may apply.
Users are able to view listings and submit offers. The seller can accept an offer or in turn submit a counter offer. If the seller and a buyer agree on a certain price, a binding sales contract concerning the item in the listing is concluded. The buyer is obliged to pay the purchase price and for in person transactions pick up the item from the seller. The seller is obliged to sell the item shown and described in the listing.
Village points out that the sales contracts in regards to listings constitute contracts between the users themselves. Village does not offer any listings themselves, does not submit any bids, does not receive any bids and does not accept any offers in regards to listings. Village is not a party partaking in the sales contracts concluded, which are closed exclusively between the users. Furthermore, the fulfilment of these sales contracts concluded via Village is exclusively carried out among users. Village is not obliged to verify the transmitted or stored information or to actively search for circumstances which may indicate illegal activity.
Village and the Village community work together to keep the Village websites, services, applications and tools working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system or email us at firstname.lastname@example.org.
Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Village if we think that they are creating problems, infringing the rights of third parties, acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions, intimidating or harassing Village employees or another person, or promoting discrimination or violence based on age, disability, nationality, race, religion, sex or sexual orientation), or use a username that is offensive, inappropriate or vulgar. However, whether we decide to take any of these steps, remove hosted content or keep a user off Village or not, we do not have any obligation to monitor the information transmitted or stored on our sites, services, applications and tools and we do not accept any liability for unauthorized or unlawful content on Village or use of Village by users.
Some of Village's features may display your listing or shop on other sites, services, applications and tools that are part of the global Village community, or on third party platforms, including social media channels. By using Village, you agree that your listings, shop or links page can be displayed on these other sites, services, applications and tools. The terms for our other sites, services, applications and tools are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your listing is posted. When you choose to post your listing on another site, service, application or tool, you may be responsible for ensuring that it does not violate such other site, service, application and tool policies. We may remove your listing or links page if it is reported on any our sites, services, applications or tools, or if we believe it causes problems or violates any law or policy.
Fees and Services
Using Village is generally free, but we sometimes charge a fee for certain services (including, but not limited to, boosting listings, Start Chats, Village Premium, Village Patron, Village Plus and Paypal related services). If the service you use incurs a fee, you'll be able to review and accept terms. Our fees may change from time to time. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. We reserve the right to offer varying services across your use of Village. You agree that with your purchase of a service, that Village immediately delivers the purchased service entirely. Village reserves the right to amend, suspend and/or terminate all or any part of any service, its terms and conditions, the types of content or services offered, the subscription period and rates for such service. Village does not represent or warrant that features and services will remain available.
Village contains content from us, you, and other users. Village is protected by copyright laws and international treaties. Content displayed on or via Village is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Village without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Village. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Village (other than your own content). Any graphics, icons, images, video or other content provided by Village to you, must only be used by you on Village and not anywhere else, and you must comply with any reasonable written guidelines or terms (including those of a third party) in relation to the content that we provide to you.
When you give us content or feedback (including, but not limited to, any ideas for new products, services, features, improvements, promotions, computer code or any other materials), you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content or feedback, in any media whether now know or to be discovered in the future including, without limitation, on any third party platforms and media channels. In particular, by giving us content, you grant us the right to display such content or feedback on platforms that are part of the global Village community, and on other online marketplaces, social media channels, blogs, in all types of marketing communications and on all other platforms. In addition, you waive all moral rights you have in the content or feedback to the fullest extent permitted by law. You acknowledge and agree that all content you provide on Village will be publicly available information, and you bear the risks involved with such public disclosures.
You agree not to post content that could reasonably considered to be abusive, blasphemous, defamatory, discriminatory, disparaging, inappropriate, indecent, liable to incite racial hatred, obscene, offensive, seditious, sexually explicit material (including language and pictures), threatening, in breach of confidence or in breach of privacy. In cases where content which in one country would not infringe the previous requirements could do so in another country, Village reserves the right to take whatever action we think is necessary, including removing the content or temporarily or indefinitely suspending you from using our Services. You agree that your content does not and is unlikely to bring Village or our Services into disrepute. You agree to keep all records necessary to establish that your content does not violate any of these requirements and make such records available upon our reasonable request.
Do not post content or use a username that infringes the rights of third parties. This includes, but is not limited to, content or usernames that infringe on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale), or for a username using the name of another person (such the name of a well-known person or someone you have no connection with). ‘Domain squatting’ or ‘domain parking’ or similar actions are not permitted, and where Village reasonably believes usernames have been created for these purposes, Village may reclaim and reallocate these usernames, without impacting any other rights of Village. A large number of products of all sorts are offered on Village by private individuals in the UK and around the world. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Village.
Reporting an infringement – to report listings or usernames which may infringe on your property rights, send us an Infringement Notice by email (to email@example.com). The Infringement Notice should evidence that the parties reporting these objects are either the entitled party or their officially authorized representative. This information must also enable Village to identify the listing or username in question. We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take. Note that following this process, you may be required to change your username and your username may be reassigned to someone else. If you refuse to comply with this process, Village may suspend or cancel your account. Note, this Infringement Notice can only be used by the lawful owners of the relevant intellectual property rights – it is intended to enable rights owners to ensure that products offered and usernames used by Village users do not infringe their copyright, trademark rights or other intellectual property rights. For all other questions, you can get help by contacting Village by email at firstname.lastname@example.org
Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.
We do not review all users' postings and are not involved in the actual transactions between users. As most of the content on Village comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.
In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law. Moreover, we are not liable for the content, accuracy, legality and functionality of third party internet pages or services, which are referenced from or to Village. Village does not offer refunds for any payments you may have made to a third party. You will inform yourself about the tax and / or fee obligations which may occur in your country of origin. You are responsible for all taxes (including any associated penalties, fines, charges and late payment interest) relating to your sales of items through Village. In case that national taxes and / or fees for the use of Village are due, these must be paid by yourself. You must comply with all applicable laws in relation to such taxes and shall promptly provide us with any information we require to verify such compliance. To the extent possible under applicable law, you shall reimburse us on demand any costs we incur as a result of your failure to comply with these obligations.
You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools. We make no representations or warranties as to the accuracy or completeness of any data, data visualisations or data analytics we may provide to you, but we will use reasonable efforts to make it as accurate and complete as we can. Village is not liable for any damage caused by errors, delays or interruptions in the transmission, malfunctions of the technical systems, loss or deletion of data, viruses or any other damage which can occur during the use of Village. Village is not liable for the unauthorized knowledge attainment of personal user data by third parties such as hackers. There is no liability for loss of profits, savings, damage from claims of third parties, and for other direct and indirect consequential damage.
Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use Village or related service, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability (net of any taxes and costs associated with your fees), and (b) 100 Pounds Sterling.
You may choose to connect your Village account with PayPal. If you connect your Village account with PayPal, other Village users will have the option to use PayPal to make a payment with regards to any of your listings. If a Village user requests PayPal payment, you will have to accept this form of payment and will not be able to ask for another payment method. However, you will still have the right to reject the whole transaction. You will also have the right to disconnect your Village account from PayPal at any time.
Payment using PayPal is available for private users, located in eligible countries. The buyer is not obliged to connect their PayPal account to their Village account. The seller and the buyer agree to the sale/purchase of a product and conclude their sales agreement. In case PayPal payment is agreed upon and payment is successful, the seller pays a commission to Village and an additional fee to PayPal. The buyer does not incur any fees from Village and only pays the agreed price of the purchased item.
If PayPal is used as a payment method on Village, PayPal’s Buyer and Seller Protection may apply, details are available on PayPal’s website. Dispute resolution can be initiated by the buyer or the seller using PayPal’s Dispute Resolution Centre.
If you have a dispute with one or more Village users, you release us (and our officers, directors, agents, parent company, related entities, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
Third party rights
A person who is not a party to this 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 Agreement or which exists or is available apart from that Act.
Data Protection and Privacy
You and Village shall process personal data received under and/or in connection with this agreement each as a separate and independent controller. In no event will Village and you process personal data under and/or in connection with this agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection law.
You shall comply with your obligations under applicable data protection law (including but not limited to the Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”)) and supplementing EU and local data protection law. This includes, but is not limited to the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organization. You shall process personal data received from Village exclusively for the purpose(s) you received the personal data under and/or in connection with this agreement. You shall erase the personal data received under this agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g., if a retention obligation applies).
Failure to abide with the aforementioned obligations may result in disciplinary action up to and including account suspension.
Resolution of disputes
If a dispute arises between you and Village, we strongly encourage you to first contact us directly to seek a resolution by email at email@example.com . We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
These terms and the other policies posted on Village constitute the entire agreement between Village and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
This Agreement shall be governed and construed in all respects by the laws of England and Wales. You agree that any claim or dispute you may have against Village Market Limited must be resolved by the courts of England and Wales. You and Village both agree to submit to the exclusive jurisdiction of the English Courts; for claims falling within the jurisdiction of a County Court, you and Village both agree to submit to the jurisdiction of a County Court of Clerkenwell and Shoreditch.
If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.
We are constantly updating and improving Village - in order to do this, we may need to update, reset, stop offering and/or supporting a particular part of Village, or feature relating to Village. You agree that there will be changes Village that will take place over time and this is an important basis on which we grant you access to Village. Once we have made changes to Village, your continued use of Village will show that you have accepted any changes to Village. You are always free to stop using Village or deactivate your account.
Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to Village Market Limited, Orrick, Herrington & Sutcliffe (Europe) LLP, 107 Cheapside, London EC2V 6DN. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.
We may update this agreement at any time, with updates taking effect when you next post, when you next use Village, or 30 days after we post the updated policy on the Village website, whichever is sooner.
For any help with using Village please contact us by email at firstname.lastname@example.org
Mobile Devices Terms
If you're accessing Village Services from a mobile device using a Village Mobile Application (the "Application"), the following terms and conditions apply to you in addition to any other applicable Privacy, Legal Notice or End User License Agreement, as the case may be. Your use of the Application also confirms your agreement to these terms & conditions:
Application Use. Village grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the www.village.co website, and vice versa. You download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application.
Intellectual Property – Applications. Village owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Village’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Village Application.
Prohibited Countries Policy and Foreign Trade Regulation - Applications. Village Applications or their underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws. When using a Village Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country, and you are not listed on any US Government list of prohibited or restricted parties).
Additional Terms. Additional terms and conditions may apply to you based on the mobile device the Application is installed on.
Last Updated: 23rd July 2021
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