Please read these Conditions carefully as they govern the provision of a digital advertising package by us to you. We may modify these Conditions from time to time and you should therefore ensure that you review these Conditions regularly.
In these Conditions, “we”, “us” or “our” means ArbLease Limited. When we refer to ArbLease this includes the website located at www.arblease.co.uk, and all other ArbLease platforms operated by us.
These Conditions apply to any adverts that are placed, renewed and/or amended until that advert expires or is amended or renewed.
OUR CONTRACT WITH YOU
- These Conditions apply to any advert for the sale of a machine that is placed on ArbLease by a private advertiser and together with all other policies and terms posted on the ArbLease Website, set out the terms on which we enter into a contract with you to provide you with access to our platforms and services.
- By placing an advert with us, you are deemed to have accepted these Conditions.
- Each time we accept a request from you to place an advert on ArbLease, a separate severable contract is formed between you and us which is subject to these Conditions.
PLACING AN ADVERT
- When you place an advert on ArbLease, you will choose a username and password which you are responsible for keeping secure. ArbLease will not be liable to you if you fail to keep your username and password safe. Unless caused by our negligence, we will not be liable for any loss you might suffer if a third party gains unauthorised access to your account. You agree that the information supplied with your registration will be truthful, accurate and complete. You also agree that you will not attempt to register in the name of any other individual nor will you adopt any username which is offensive. All personal information supplied by you as part of the registration process will be protected and used in accordance with the terms of our Privcy Policy.
- Before you confirm that you would like to submit your advert, we advise you to read through our machinery conditions.
- If we accept your advert, whilst we cannot give any guarantees regarding timescales, we aim to process and publish adverts supplied online within 24 hours.
- Adverts placed may appear on other ArbLease platforms, including desktop, mobile and tablet, and all third party social media platforms on which ArbLease are active.
- As soon as your advert has been accepted for publication, a confirmation email will be sent to you explaining that the advert has gone live on ArbLease.
- Your advert will be live for 30 days. Once expired, if your machine is not sold, you will need to re-list your item. If you items sells through another party within this time, please mark your machine as sold to remove from the site and prevent contact regarding the sold machine.
ADVERT CONTENT GUIDELINES
- Each advert may only feature one machine. If you have more than one machine to sell, you will need to place a separate advert for each machine.
- We may accept photographs and videos (in a format to be determined by ArbLease) of machines for use in adverts. However, we reserve the right in our sole discretion not to include a photograph and/or video in an advert.
- You are solely responsible for uploading any photographs and videos which form part of your advert unless agreed otherwise by us. We shall have no responsibility for the quality of any photographs and/or videos you upload or provide to us.
- Photographs and videos which form part of the adverts must:-
- show only one machine;
- be accurate in their description of the machine displayed;
- comply with all applicable legislation and regulation;
- not contain any material that is subject to third party intellectual property rights or other third party proprietary rights (including rights of privacy or rights of publicity);
- not be defamatory or derogatory of any person or organisation;
- not contain any strong profanity or inappropriate content or be obscene, offensive, threatening, inflammatory, abusive, hateful, racist, anti-religious or sexually graphic;
- not be in any way discriminatory or promote discrimination of any kind;
- not be pornographic or violent;
- not disclose any personal information in respect of any individual (and personal information for the purpose of these Conditions is any information that can be used to identify a person or contact a person by any means);
- not impersonate any person or misrepresent your identity or affiliation with any person or company;
- not be unlawful or advocate, promote, incite any third party to commit or assist any unlawful or criminal act or contain any description or mention of illegal activity;
- not contain a statement which is direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
- not, other than solely in relation to the sale of the machine which is the subject of your advert, contain any advertising, promote any goods or services, drive traffic to another website or notify users of a promotion not approved by ArbLease or otherwise attempt to make a commercial gain;
- not contain any spam;
- not contain text or audio not relevant to the machine being described;
- not be in any language other than English;
- not be irrelevant or off-topic; and
- not contain a url or link to any other site except the Advertiser’s own website. ArbLease may check such photographs and videos which form part of the adverts to ensure that such content meets the above requirements
- If a photograph and/or video in your advert does not meet the requirements set out in Condition 3.5, we reserve the right not to publish the photograph and/or video (as applicable), to remove the relevant photograph and/or video (as applicable) from the advert or to remove the advert in its entirety from ArbLease.
- If you need to amend your advert, you can use the online edit functionality featured on ArbLease.
- You warrant that:
- you are a resident in the UK;
- you have the right to sell the machine in the advert;
- the advert you are placing does not relate to a machine that is non-declared;
- the information contained within the advert is a true and accurate representation of the machine to which it relates and any statement made in relation to the condition of the machine being advertised is correct;
- the advert has consistent and accurate pricing throughout (in both the asking price section and the description) and the correct description has been provided;
- you will not act fraudulently and will deliver any machine advertised that is lawfully bought from you;
- all copy, information and materials that you provide to us is complete, accurate, legal, non-defamatory, decent, honest and truthful and complies with the British Code of Advertising Practice, all other relevant codes under the general supervision of the Advertising Standards Authority and all current relevant legislation;
- the publication of the advert by us will not breach any contract, infringe any third party intellectual property rights or other rights; render us or any other company in our group liable to any proceedings; and/or cause a detriment to our reputation and/or the reputation of any company within our group;
- you will not upload any files to ArbLease that contain a virus and/ or corrupted data; and
- the advert complies with these Conditions including without limitation Conditions 3.1 to 3.5.
OUR RIGHTS AND OBLIGATIONS
- We shall provide the advertising service with reasonable care and skill in a professional and timely manner. However, you acknowledge and accept that it is technically impossible to guarantee that ArbLease will be continuously available online or to guarantee the corruption free or error free transfer of an advert to ArbLease.
- From time to time, we will need to carry out maintenance on our equipment and systems, and we shall use our reasonable endeavours to ensure that, in so doing, minimum disruption to any adverts is caused.
- We will use reasonable endeavours to remedy faults or errors on ArbLease as soon as possible. [You acknowledge and accept that once a fault or error has been reported to us, it may take up to 48 hours for us to investigate and rectify the problem].
- We do not monitor or control and shall not be responsible for the content of your advert which you agree is your sole responsibility. Accordingly, you shall be responsible for any losses, expenses or other costs incurred by us caused by an untrue statement or inaccurate or unlawful content.
- We reserve the right to refuse to publish any advert without reason and to classify, edit and delete an advert at our sole discretion so as to: comply with legal or moral obligations placed on you or us; avoid infringing third party rights, the British Code of Advertising Practice and all other codes under the general supervision of the Advertising Standards Authority and/ or any relevant legislation; respond to any complaints; correct typographical errors or technical inaccuracies that may appear from time to time; and for any other technical and/ or quality reasons. Where possible, we will attempt to contact you to inform you of these changes prior to publication and/or edit.
- We may at any time remove any or all of the materials from the advert which in our opinion are unlawful or are in breach of these Conditions.
- We may at any time vary the technical specifications of ArbLease (or any parts of them) for operational reasons.
CHARGES AND PAYMENT
- The cost of placing an advert on ArbLease depends on the advertising package you select and all prices are quoted on ArbLease. All prices are inclusive of VAT.
- We have the right to change our advertising rates at any time and for any reason but any revised rates shall not apply to any adverts placed with us before publication of the revised rates.
- All adverts must be pre-paid prior to publication.
- Payment for adverts is made either online through ArbLease or via our sales team on 0345 111 0003 if your advert is placed by phone.
- Where payment is taken through ArbLease, we will refer you to a dedicated commerce provider who will take payment via a secure sever (SSL) connection to ensure the safety of your payment online. Payment can be made using Visa, MasterCard or Maestro. Any cards used for payment must be registered in the UK to be accepted. Whilst every effort is made to ensure the safety of your credit card transaction, we cannot and do not accept liability for any loss or damage incurred as a result of using the secure payment mechanism.
INTELLECTUAL PROPERTY RIGHTS
- In respect of any materials which you supply to us (“Materials”), you grant us a non-exclusive, irrevocable, perpetual and royalty free licence to use such Materials for any purpose. You confirm that neither you nor any other person will assert any moral rights in or relating to the Materials referred to above against us or any third party.
- You agree that all intellectual property rights (including, without limitation, copyright, trademarks, database rights and design rights (whether registered or not)) in any copy, text, artwork, photographs, videos or other materials which we have created and/or in any way altered for you in connection with the advert shall belong to us absolutely.
OUR RIGHT TO TERMINATE THE CONTRACT
- We shall be entitled to terminate the contract with you and remove an advert at any time. We will provide you with notice of the removal of your advert. In such circumstances we shall provide a refund to you for the unexpired part of the advertising term unless we have terminated the contract pursuant to Condition 7.2 below.
- We may immediately suspend or terminate the contract and remove an advert where:
- you breach a term of these Conditions;
- you breach any of the provisions of Condition 3.8;
- we reasonably suspect that you are not complying with the provisions of Condition 3.8;
- you place an advert at our bargain rate but then price your machine above the machine price limit to which the bargain rate applies;
- You place an advert for one machine and then modify adverts details to sell multiple machines;
- You are a trade seller masquerading as a private seller;
- if in our reasonable opinion, we have reason to believe that you have been abusive to our staff or we receive a complaint from a third party regarding your conduct in the sale of an advertised machine; and/ or
- any competent law enforcement or compliance authority instructs, advises or makes a recommendation to us to take down any of your adverts and/or suspend the delivery of services to you.
- If we remove an advert in accordance with Condition 7.2 above, you will not be entitled to any refund for the advert in question.
YOUR RIGHT TO CANCEL
- Please note that the digital advertising package provided by ArbLease is a bespoke package, tailored to your requirements and is created instantaneously. By submitting your advert to us for publication, you consent to us publishing your advert within the statutory 14-day cancellation period afforded to consumers, which begins on the day that we notify you that your advert has gone live on ArbLease.
- By submitting your advert for publication, you acknowledge that your right to cancel the contract at no cost to you will be lost.
- An advert can be cancelled at any time by you, for example to avoid unwanted responses but no refunds will be given unless you cancel due to our breach of the contract.
- Nothing in these Conditions shall exclude or restrict our liability for death or personal injury caused by our negligence, for fraudulent misrepresentation and/or for any other liability which we are not permitted to exclude or limit by law.
- If we fail to comply with these Conditions, we are responsible for loss or damage that you suffer as a foreseeable result of our breach of the Conditions or our negligence but we are not responsible for any loss or damage that is not foreseeable or for any loss or damage not caused by any breach on our part. Loss or damage would be foreseeable if it were an obvious consequence of our breach or if it were contemplated by you and us at the time the advert was published and the contract was formed.
- We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses, malicious or impairing computer programs or other technologically harmful material that may affect ArbLease, your advert and/ or may infect your computer equipment, computer programs, data or other proprietary material due to your use of ArbLease or your downloading of any material posted on it or on any website linked to it.
- We cannot guarantee that by placing an advert on ArbLease, you will sell the machine in question and we do not commit to finding a buyer for you. Our role is solely to provide a platform on which you can advertise your machine for sale.
- The Write-off Checks (referred to in Condition 2.2) that are carried out when you place your advert are based on data supplied by an independent third party. The results provided are valid as at the time the advert is placed. We will not be liable for the accuracy of the results of any Write-off Checks that are displayed in an advert. It is your responsibility to check the results of the Write-off Checks before you place your advert and determine whether or not you still want to proceed. We will not be liable for any loss you might suffer arising out of the results of any Write-off Checks.
- In order to create your advert, we may use certain third party data, including but not limited to data supplied by Glass’s Information Services Ltd (“Glass’s Data”). We will not be liable for the accuracy of any Glass’s Data that is included in or used to create your advert or for any loss or damage you might suffer as a result of the inclusion or use of Glass’s Data in your advert.
- If, as a result of placing an advert, you are successful in selling your machine, ArbLease will not be connected in any way to that sale and will not be liable or responsible under any contract for the sale of your machine which you might enter into with a third party.
- You agree that any questions and complaints regarding a machine advertised in your advert will be your responsibility only and that we do not have any liability in this regard.
- In the event of any error or omission in an advert, we may at our sole discretion either amend the relevant part of the advert or refund or adjust the charges. No refund, amendment or adjustment to the charges will be made where in our sole opinion, the error or omission does not materially detract from the advert or where it arises as a result of incorrect or inadequate information provided by you.
- We shall not be liable to you for any delay in performing and/or any failure to perform our obligations to you if the delay or failure is due to any event outside of our reasonable control (including without limitation, any act of God, fire, flood, explosion, storm, epidemic or natural disaster, strike, terrorist attack or threat of terrorist attack, infrastructure failure or power failure, denial of service attack, failure of public or private telecommunications networks).
- Nothing in these Conditions affects your legal rights. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards.
DATA PROTECTION AND SECURITY
- We take security very seriously and provide advice on the ArbLease Website on steps you can take to ensure your safety and security when selling your machine.
- By submitting an advert to us, you are requesting that your advert appears on ArbLease. This means that the advert and all information contained within it can potentially be viewed by all persons with internet access throughout the world. You consent to the publication of your data in this way.
- We use Protect My Number and a Customer to Customer messaging service to protect the privacy of our customers.
- Customer to Customer messaging disguises your email address from persons viewing your advert by enabling them to contact you through a link on your advert without seeing your true email address. This is not optional. By placing an advert with us, you acknowledge and agree that your communication with persons viewing your advert will be via consent to the use of our Customer to Customer messaging service.
INFORMATION ABOUT US AND HOW TO CONTACT US
- Arblease is a broker and is a trading name of Bond Capital Finance. Bond Capital Finance is authorised and regulated by the Financial Conduct Authority. Finance is for business purposes only and available throughout the UK & Ireland. Quotes and prices are subject to acceptance, terms and conditions.
- We may transfer our rights and obligations under these Conditions to a third party and we will always notify you in writing if this happens. This will not affect your rights or our obligations under these Conditions.
- Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them or any part of them are unlawful, the remaining paragraphs or parts will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under these Conditions, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive an obligation by you, we will only do so in writing and that will not mean that we will automatically waive any later default by you.
- These Conditions form a contract between you and us. No other person shall have any rights to enforce them.
- These Conditions are governed and construed by English law. This means that the contract formed between you and us and any dispute or claim arising out of it will be governed by English law. You and we both agree that the Courts of England and Wales will have non-exclusive jurisdiction. This means that a claim could be brought in England or if you are a resident of Northern Ireland, you may bring a claim in Northern Ireland and if you are a resident of Scotland, you may bring a claim in Scotland. English law will however, apply in all cases.
- If you are a trader acting in the course of your business, you are not permitted to place any advert as a private advert and/or otherwise pass yourself off as a private seller. The Consumer Protection from Unfair Trading Practices Regulations 2008 requires all adverts placed by people who seek to sell goods in the course of business to make the fact clear. This requirement applies whether the advertiser is acting on his own behalf, or for some other person. Customers should be able to tell whether an advert relates to a sale by a trade or private seller. It is the responsibility of the advertiser to comply with the Regulations. If you are a trader acting in the course of your business, it is an offence, for which you may be prosecuted, not to advertise the fact that you are a trader.