WHAT PARTS OF THESE TERMS APPLY TO ME?
This agreement governs your use of the kitround website www.kitround.com (Platform) and any downloadable application we offer (App) (together kitround) and any other services made available through kitround. By using kitround, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, Circular World Limited (Company Number: 15376169) being a company incorporated in England and Wales with registered office address at 22-24 Harborough Road, Harborough Road, Kingsthorpe, United Kingdom, NN2 7AZ (Circular World, we or us).
The remainder of this agreement is divided into three parts:
- Part A (All Users), which sets out terms that apply to all Users;
- Part B (Sellers), which sets out additional terms that apply to Sellers, being Users who sell Goods on kitround; and
- Part C (Customers), which sets out additional terms that apply to Customers, being Users who purchase Goods on kitround.
If you intend to use kitround as a Seller, only Part A and Part B of these terms will apply to you.
If you intend to use kitround as a Customer, only Part A and Part C of these terms will apply to you.
When we talk about the “Goods” in this agreement, we are referring to sporting kit, equipment and boots sold under a listing on kitround.
If you access or download our App from the Apple App Store or Google Play Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.
We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
- All Users
- ELIGIBILITY
- kitround is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using kitround. By using kitround, you represent and warrant that you are either:
- over the age of 18 years and accessing kitround for personal use; or
- accessing kitround on behalf of someone under the age of 18 years old and consent to that person’s use of kitround.
- Please do not access kitround if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using kitround.
- If you use kitround on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
- kitround is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using kitround. By using kitround, you represent and warrant that you are either:
- ACCOUNTS
- In order to use most of the functionality of kitround, all Users are required to sign-up, register and receive an account through kitround (an Account).
- As part of the Account registration process and as part of your continued use of kitround, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by Circular World from time to time.
- You warrant that any information you give to Circular World in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
- You may register for an Account using your Facebook or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.
- Correspondence between Users must take place on kitround. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User. For the avoidance of doubt, Customers will be required to supply delivery address information into kitround for the purpose of receiving their Goods, and this will be shared with the Seller of a Listing for the purpose of arranging Delivery.
- Once you complete the Account registration process, Circular World may, in its absolute discretion, choose to accept you as a registered user within kitround and provide you with an Account.
- Circular World reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
- Circular World may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
- USER OBLIGATIONS
As a User, you agree:
- not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
- to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Circular World of any unauthorised use of your Account, password or email, or any other breach or potential breach of kitround’s security;
- to not use kitround for any purpose other than for the purpose of making arrangements to provide or receive services, including by not using kitround:
- in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
- in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Circular World;
- not to act in any way that may harm the reputation of Circular World or associated or interested parties or do anything at all contrary to the interests of Circular World or kitround;
- not to make any automated use of kitround and you must not copy, reproduce, translate, adapt, vary or modify kitround without the express written consent of Circular World;
- that Circular World may change any features of kitround or Services offered through kitround at any time without notice to you;
- that information given to you through kitround, by Circular World or another User including a Seller, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
- that Circular World may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.
- POSTED MATERIALS
- WARRANTIES
By providing or posting any information, materials or other content on kitround, including but not limited to Listings (as defined in clause 22) (Posted Material), you represent and warrant that:
- you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
- the Posted Material is accurate and true at the time it is provided;
- any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
- the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
- the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
- the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
- the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of kitround or any network or system; and
- the Posted Material does not breach or infringe any applicable laws.
- LICENCE
- You grant to Circular World a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Circular World to use, exploit or otherwise enjoy the benefit of such Posted Material.
- If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Circular World from any and all claims that you could assert against Circular World by virtue of any such moral rights.
- You indemnify Circular World against all damages, losses, costs and expenses incurred by Circular World arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.
- REMOVAL
- Circular World acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Circular World may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on kitround) at any time without giving any explanation or justification for removing the Posted Material.
- You agree that you are responsible for keeping and maintaining records of Posted Material.
- REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS
Circular World will have no liability or obligation to you if:
- a Customer or Seller cancels at any time after the time for performance of the Listing is agreed; or
- for whatever reason, including technical faults, the Goods in a Listing cannot be supplied, and you will not be entitled to any compensation from Circular World.
- ONLINE PAYMENT PARTNER
- We may use third-party online payment partner, currently Stripe (Online Payment Partner) to collect payments on kitround, including for our Services.
- The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner, available here: https://stripe.com/gb/legal/consumer.
- You agree to release Circular World and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
- We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.
- SERVICE LIMITATIONS
kitround is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that Circular World cannot and does not represent, warrant or guarantee that:
- kitround will be free from errors or defects;
- kitround will be accessible at all times;
- messages sent through kitround will be delivered promptly, or delivered at all;
- information you receive or supply through kitround will be secure or confidential; or
- any information provided through kitround is accurate or true.
- INTELLECTUAL PROPERTY
- Circular World retains ownership of materials developed or provided (or both, as the case may be) in connection with kitround (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Platform Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
- You may make a temporary electronic copy of all or part of the Platform Content for the sole purpose of viewing it and adapting it for the purpose of accessing kitround in accordance with this agreement. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Platform Content without prior written consent from Circular World or as permitted by law.
- In this clause 8, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in England and throughout the world.
- THIRD PARTY CONTENT
kitround may contain text, images, data and other content provided by a third party and displayed on kitround, including but not limited to content of Sellers contained in any Listing (Third Party Content). Circular World accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
- THIRD PARTY TERMS
- Any service that requires Circular World to acquire goods and services supplied by a third party on behalf of the Customer (including a third party payment service) may be subject to the terms and conditions of that third party (Third Party Terms), including ‘no refund’ policies.
- Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing Circular World to acquire the goods or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms.
- DISPUTES BETWEEN USERS
- You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
- If any issue or problem relating to kitround remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to Circular World via email to support@kitround.com. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
- Any costs you incur in relation to a complaint or dispute will be your responsibility.
- Circular World has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
- Circular World reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
- If you have a dispute with Circular World, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
- Notwithstanding any other provision of this clause 11, you or Circular World may at any time cancel your Account or discontinue your use of kitround.
- SECURITY
Circular World does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of kitround. You should take your own precautions to ensure that the process you employ to access kitround does not expose you to the risk of viruses, malicious computer code or other forms of interference.
- DISCLAIMER
- (Introduction service) Circular World is a medium that facilitates the introduction of Customers and Sellers for the purposes of the sale and purchase of pre-loved sports kit, equipment and boots (Goods). Circular World simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Customers and Sellers in relation to such Goods or otherwise resulting from the introduction.
- (Limitation of liability) To the maximum extent permitted by applicable law, Circular World excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to kitround or its use or any Goods provided by any Seller. This includes the transmission of any computer virus. Nothing in this agreement shall exclude or limit any party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury from a party’s negligence.
- (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
- (Indemnity) You agree to indemnify Circular World and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’:
- breach of any term of this agreement;
- use of kitround; or
- your provision or receipt of Goods from another User.
- To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these terms including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.
- CONFIDENTIALITY
You agree that:
- no information owned by Circular World, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
- all communications involving the details of other users on kitround and of the Seller are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.
- PRIVACY
- We collect personal information about you in order to enable you to access and use kitround, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
- Our Privacy Policy, which can be accessed here contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
- NOTICE REGARDING APPLE
If you are accessing kitround from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:
- this agreement is are between you and Circular World and not with Apple. Apple is not responsible for kitround or any content available on kitround;
- Apple has no obligation whatsoever to furnish any maintenance and support services for kitround;
- in the event of any failure of Circular World to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for kitround. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to kitround, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be Circular World’s responsibility;
- Apple is not responsible for addressing any claims by you or any third party relating to kitround, including, but not limited to:
- product liability claims;
- any claim that kitround fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection, privacy, or similar legislation;
- in the event of any third party claim that kitround or your use of kitround infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
- that you represent and warrant that:
- you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and
- you are not listed on any U.S. Government list of prohibited or restricted parties;
- you must comply with applicable third party terms of this agreement when using kitround; and
- Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.
- TERMINATION
- Circular World reserves the right to terminate a User’s access to any or all of kitround (including any Listings or Accounts) at any time without notice, for any reason.
- In the event that a User’s Account is terminated:
- the User’s access to all posting tools on kitround will be revoked;
- the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and Listings); and
- the User may be unable to view the details of other Sellers (including contact details, geographic details and any other details), and all Listings previously posted by the respective User will also be removed from kitround.
- Users may terminate their Account, and any other membership they hold in connection with kitround, at any time by using kitround’s functionality, where such functionality is available. Where such functionality is not available, Circular World will effect such termination within a reasonable time after receiving written notice from the User.
- Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with kitround, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.
- TAX
You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of kitround, and Circular World will not be held accountable in relation to any transactions between Customers and Sellers where tax related misconduct has occurred.
- RECORD / AUDIT
To the extent permitted by law, Circular World reserves the right to keep all records of any and all transactions and communications made through kitround between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Circular World.
- NOTICES
- A notice or other communication to a party under this agreement must be:
- in writing and in English; and
- delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
- Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
- 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
- when replied to by the other party, whichever is earlier.
- A notice or other communication to a party under this agreement must be:
- GENERAL
- GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
- THIRD PARTY RIGHTS
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
- WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
- SEVERANCE
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
- JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
- ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
- COSTS
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
- ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
- INTERPRETATION
- (singular and plural) words in the singular includes the plural (and vice versa);
- (gender) words indicating a gender includes the corresponding words of any other gender;
- (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
- (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
- (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
- (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
- (headings) headings and words in bold type are for convenience only and do not affect interpretation;
- (includes) the word “includes” and similar words in any form is not a word of limitation; and
- (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.
- Sellers
- LISTINGS
You acknowledge and agree that:
- you must use your best endeavours to provide as much information as possible in any listing you submit to kitround in which you offer Goods for sale (Listing);
- You must not sell, purport to sell, offer for sale or including in any Listingfirearms, knives, alcohol, drugs, stolen goods, counterfeit goods or any items which breach any applicable laws;
- Listings must not include any links to third party websites;
- Circular World may choose not to accept any Listing you submit to kitround, and Circular World may limit the number of Listings you can submit to kitround;
- any information you supply in a Listings must be true, timely and accurate;
- you must take all reasonable steps to complete the transaction for every Listing that is accepted by a Customer, including by not cancelling any part of such a Listing;
- you must deal with any dispute with a Customer in accordance with clause of Part A;
- any additional terms and conditions relating to a Listing via kitround, are solely between you and the relevant Customer and do not involve Circular World in any way, except that they must not be inconsistent with your or the Customer’s obligations under this agreement; and
- Circular World will have no responsibility for the accuracy, reliability or timeliness of any Customer’s response to a Listing.
- GOODS
- You must ensure that all Goods specified in a Listing that is accepted by a Customer are provided:
- in accordance with all applicable laws, regulations, tax obligations and industry standards;
- as described in every Listing that is accepted by a Customer, including by not cancelling any part of an accepted Listing/Order.
- You acknowledge and agree that a Customer may review any Listing or services you provide under a Listing on kitround in accordance with clause 4 of Part C of this agreement.
- You must ensure that all Goods specified in a Listing that is accepted by a Customer are provided:
- DELIVERY
- Delivery of Orders is the responsibility of the Seller.
- Customers will have options for delivery when they place an Order. Where a fee for delivery is payable (Delivery Fee), this will be calculated at checkout.
- You will be notified of the delivery instructions when an Order is placed.
- You must arrange delivery of the Goods as set out in the Order.
- We work with various delivery partners (Delivery Partners), and their terms and conditions will apply to the Delivery of all Orders.
- FEES
- Viewing kitround and posting a Listing is free.
- You will be required to set the price of the Good(s) in each Listing (Price). We will charge Customers a fee, being a percentage of the Price (kitfee) for each Listing that is accepted by a Customer. The kitfee will be as set out on Kit Round.
- When a Customer accepts a Listing, they will be prompted to pay the Price plus the kitfee and any applicable Delivery Fee.
- Subject to clause 26, the Price will be held in your Online Payment Partner account, by the Online Payment Partner, and transferred to your nominated bank account in accordance with the Online Payment Partner’s terms and conditions.
- You:
- appoint the Online Payment Partner as your limited collection agent solely for the purpose of accepting the Price from the Customer;
- agree that payments made by Users to the Online Payment Partner (acting as your collection agent) will be considered the same as payments made directly to you; and
- agree that all payments to your nominated bank accounts will be made in accordance with the timing specified by the Online Payment Partner, which may vary depending on your geographic location. The Online Payment Partner’s current payment terms are available here: https://stripe.com/docs/payouts
- Circular World reserves the right to change or waive the kitfee at any time by updating this agreement, on written notice to you. We will provide you with at least 14 days’ written notice if this occurs, and upon receipt of such notice you will have the right to terminate this agreement immediately, on written notice to us. Your continued use of kitround after you receive such written notice will constitute your consent to the change and/or waiver set out in that notice.
- You acknowledge and agree that, unless applicable laws or regulations require otherwise, taxes (including VAT) will be calculated and charged on the Price and we will calculate the kitfee on an amount equal to the Price plus any taxes applicable to the Price.
- DONATIONS & CHARITIES
- You may elect to donate part of Your Earnings to a charity listed on kitround (Charity).
- You can indicate on your Listing using the functionality the percentage of Your Earnings which will be donated to the Charity (Donation Amount) (Donation Listing).
- When a Customer places an Order from a Donation Listing, you acknowledge and agree that:
- the Donation Amount will be donated to the nominated Charity on your behalf;
- you will receive Your Earnings less the Donation Amount from the Price paid by the Customer; and
- you authorise the Online Payment Partner to pay the Donation Amount to the nominated Charity.
- REFUNDS & CANCELLATIONS
- Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel transaction in an accepted Listing you must contact us at hello@kitround.com, including by providing details as to why you are cancelling. If Circular World decides to investigate your request, you must provide assistance and information to Circular World as reasonably requested.
- You must ensure that your cancellation policy and refund policy in relation to you or Customers cancelling an accepted Listing is in compliance with all applicable laws.
- If we accept your request to cancel an accepted Listing we may take one or more of the following actions:
- cancel your Account;
- refund the Price to the relevant Customer; and
- if we refund the Price, require you to pay all or part of the Price to us, and issue you with an invoice for that amount.
- The kitfee is by default non-refundable for change of mind. However, Circular World may, in its absolute discretion, issue refunds of the kitfee in certain circumstances.
- You agree to honour and comply with the process set out in this clause 6 in the event of a pricing error in a Listing.
- BYPASSING
- You agree that while you are a Seller on kitround, regardless of the reason that your Account was suspended or cancelled, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Customer whom you came to know about, or with whom you provided goods or services to directly or indirectly, by using kitround. This provision will apply whether or not the Customer or their representative is still active on kitround.
- Circular World may, in its absolute discretion, cancel your Account and suspend you from using kitround if it finds or suspects that you have breached or are in breach of this clause 26.
- BINDING CONTRACT
You agree that when you post a Listing, this constitutes your intention and offer to enter into a contract with a Customer, where you will provide the Customer with the Goods as specified in the relevant Listing, in exchange for payment of the relevant Price. A contract is formed in this respect (between you and the Customer) when a Customer accepts your Listing and pays the Price.