1.1 These terms and conditions of use (“Terms”) explain how you may use the YoungPlanet platform which includes the website www.youngplanet.com and the YoungPlanet mobile app (“Platform”). These Terms apply between YoungPlanet Enterprises Limited (“we, us or our”) and you, the person accessing or using the Platform (“you or your”).
1.2 You should read these Terms carefully before using the Platform. By using the Platform or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Platform immediately.
2.1 We are YoungPlanet Enterprises Limited, registered in England and Wales with number 08726977 and registered address Lydmore House, St Anns Fort, Kings Lynn, Norfolk PE30 2EU.
2.2 If you have any questions about the Platform, please contact us by:
2.2.1 sending an email to firstname.lastname@example.org
3.1 We offer an online intermediary hosting service and offer a virtual exchange. Registered users of the Platform can list their children's clothes, toys, parenting items and accessories to exchange such items from other registered users.
3.2 The Platform is for your personal and non-commercial use only.
3.3 You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Platform.
3.4 We make no promise that the Platform is appropriate or available for use in locations outside of the UK. If you choose to access the Platform from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.
3.5 We try to make the Platform as accessible as possible. If you have any difficulties using the Platform, please contact us using the contact details at the top of this page.
3.6 As a condition of your use of the Platform, you agree not to:
3.6.1 misuse or attack our Platform by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or
3.6.2 attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform.
3.7 We may prevent or suspend your access to the Platform if you do not comply with these Terms or any applicable law.
4.1 If you wish to give, receive or exchange items on the Platform you will be required to register with us. In order to register on the Platform you must be at least 18 years old.
4.2 When registering on and using the Platform you agree:
4.2.1 that you are an individual aged 18 years or more;
4.2.2 that you will use the Platform for your own personal requirements and that you are not associated with any professional activity;
4.2.3 that you have full capacity and all the rights to carry out the give, receive or exchange of items via the Platform;
4.2.4 that you accept and will comply with these Terms;
4.2.5 that you understand that you are fully responsible for the transactions carried out via the Platform.
4.3 We are not obliged to permit anyone to register with the Platform and we may refuse, terminate or suspend registration to anyone at any time.
4.4 You are responsible for making sure that your password and any other account details are kept secure and confidential.
4.5 If we have reason to believe there is likely to be a breach of security or misuse of the Platform through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.
5.1 To list an item on the platform you must comply with the following:
5.1.1 you must ensure that the items comply with the Posting Rules on the platform’s FAQ;
5.1.2 you must be the owner of the items and have the right to give, exchange or donate the item;
5.1.3 the giving, exchange, use or possession of such items must not breach the rights of any third party, must comply with intellectual property rights, must not breach any applicable law, must be safe and cannot be a counterfeit.
5.2 When listing an item you must describe the item as accurately as possible, indicate any possible faults and state the condition of the item. When you list the item you represent that it complies with the description provided. At least one good quality photograph must be uploaded when the item is listed (the use of photographs found on the internet and/or photos of a similar item is forbidden). The photograph must reflect the actual quality and external appearance of the item, as well as any presence of faults with the item.
5.3 Listing of items on the Platform is free of charge.
5.4 You may withdraw an item at any time, before entering into contact with another registered user for the giving or exchange of the item.
5.5 When an item is listed on the Platform this constitutes an offer for the giving and/or exchange of the relevant item
by you (“the giver”), which may be accepted by another registered user (“the receiver”) wishing to receive or exchange the item.
5.6 The offer and acceptance is agreed independently between the giver and the receiver. The receiver acknowledges that their acceptance of the offer has been made in consideration of the description of the item. Both the giver and the
receiver acknowledge that:
5.6.1 a legally binding contract is created between the giver and the receiver for the giving or exchange of the items (the " Contract");
5.6.2 it represents a firm commitment by each party to the Contract to perform the contract under the conditions of the offer; and
5.6.3 for the avoidance of doubt, we are not a party to the Contract.
6.1 When using the Platform you agree to comply with the following rules:
6.1.1 you must not use (in particular share and/or publish) misleading or incorrect information and/or data;
6.1.2 you must not encourage the acquisition of items which is forbidden or restricted;
6.1.3 you must not use (in particular share and/or publish) photographs (i) for which you do not hold the intellectual property rights (in general, these are photos found on the internet), or (ii) which contain links to other websites;
6.1.4 you must not use (in particular share and/or publish) photographs (i) on which people other than you are visible, unless the other visible people have consented to or the publication of these photographs; or (ii) which are or may be considered contrary to good moral standards and/or public order (for example erotic photographs, pornographic photographs or photographs with violent contents);
6.1.5 you must not offer, give, receive or exchange items in breach of the intellectual property rights of third parties, such as registered trademarks and/or other signs to the extent they are protected by the applicable law (such as for example company signs in certain jurisdictions) and/or design rights and/or copyrights;
6.1.6 you must not breach the rights of ownership and/or the personal rights of third parties in the items subject to a Contract;
6.1.7 you must not breach any applicable laws and/or regulations;
6.1.8 you must not act contrary to public order and/or good moral standards;
6.1.9 you must not use (in particular share and/or publish) programmes and/or computer files which contain viruses, or which might (i) disrupt the normal operation of the Platform, or (ii) infect the computers of other users of the Platform;
6.1.10 you must not to offer and/or share and/or otherwise promote links to other websites and/or companies that provide similar services to those offered by us.
6.1.11 you must not to collect, hold concurrently, transmit to third parties, make public, publish or disclose data of or data on the actions of other users of the Platform.
6.2 You are fully responsible for all the information you post on the Platform and, if applicable, for the items you offer, give, receive, exchange or transfer to other registered users.
6.3 The exchange of private messages between users on the Platform is for the purpose of exchanging information regarding the item. If you send a private message to another user you must ensure that you do not send:
6.3.1 messages or information that feature advertising;
6.3.2 spam or content spreading viruses;
6.3.3 mass mailing messages of any other kind whatsoever;
6.3.4 inappropriate, insulting or defamatory messages or those otherwise regarded as incompatible with these Terms;
6.3.5 messages of an unlawful nature or otherwise attempting to cause harm to other users and/or us; or
6.3.6 messages that may qualify as harassment of any kind whatsoever.
7.1 We will use reasonable efforts to:
7.1.1 delete accounts which are being used in an inappropriate manner or in breach of these Terms; and
7.1.2 identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights
when we are notified, but we cannot be responsible if you have failed to provide us with the relevant information.
7.2 If you believe that any content which is distributed or published by the Platform is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details at the top of this page.
9.1 The intellectual property rights in the Platform and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Platform (“Content”) are owned by us and our licensors.
9.2 We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
9.3 Nothing in these Terms grants you any legal rights in the Platform or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Platform or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Platform or the Content.
9.4 Use by you of any trade marks on the Platform or in the Content is strictly prohibited unless you have our prior written permission.
10.1 While we try to make sure that the Platform is secure, we do not actively monitor or check whether information supplied to us through the Platform is confidential, commercially sensitive or valuable.
11.1 We try to make sure that the Platform is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Platform will be fit or suitable for any purpose. Any reliance that you may place on the information on the Platform is at your own risk.
11.2 We may suspend or terminate access or operation of the Platform at any time as we see fit.
11.3 While we try to make sure that the Platform is available for your use, we do not promise that the Platform will be available at all times or that your use of the Platform will be uninterrupted.
The Platform may contain hyperlinks or references to third party advertising and websites other than the Platform. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or websites does not mean that we endorse that third party's websites, products or services. Your use of a third party Platform may be governed by the terms and conditions of that third-party Platform and is at your own risk.
13.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
13.1.1 losses that were not foreseeable to you and us when these Terms were formed;
13.1.2 losses that were not caused by any breach on our part;
13.1.3 business losses; and
13.1.4 losses to non-consumers.
13.2 We provide an online facility to introduce individuals to one another to enable the giving, receiving, exchange and give-away of items between them and to allow them to communicate with one another in public and in private. Givers, receivers and parties to an exchange or give-away are solely responsible for transactions entered into using the Platform.
13.3 We are not responsible for any action or inaction of any registered uses or the content provided any registered user including, without limitation:
13.3.1 the descriptions or photos of items, including their accuracy and completeness;
13.3.2 the quality, legality or safety of the items;
13.3.3 the seller’s title to the items; or
13.3.4 any giver or receiver’s right to enter into a Contract or the rights of the parties to an exchange or give-away to enter into such transaction.
We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control, including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; flood, fire, explosion or accident; epidemics or pandemics.
No one other than a party to these Terms has any right to enforce any of these Terms.
16.1 No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 16.
16.2 We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Platform and by continuing to use and access the Platform following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
17.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.
17.2 If a dispute cannot be resolved using our complaint handling procedure or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.
17.3 If you do not wish to use ADR or are unhappy with the outcome of ADR, you can still bring court proceedings.
17.4 Relevant United Kingdom law will apply to these Terms. If you want to take court proceedings, the relevant courts of the United Kingdom will have non-exclusive jurisdiction in relation to these Terms.