TERMS OF WEBSITE USE ("TERMS")

Last Updated: 3 October 2024

This page sets out the terms on which you use may this website www.simoncharles-auctioneers.co.uk (Website). The Privacy Policy (https://simoncharles-auctioneers.co.uk/p/policies/privacy) and Cookie Policy (https://simoncharles-auctioneers.co.uk/p/policies/cookies) form part of the terms of use of our Website.

References to "we", "us", "our" refer to SIMONCHARLESDOTCOM Limited and to "you" and "your" are to you, the Website user.

1. Information about us

We are a limited company registered in England and Wales under company number 08143174 and our registered address is at Mentor House, Ainsworth Street, Blackburn, Lancashire BB1 6AY. The best way to contact us is by email at enquiries@simoncharles.com. Our VAT number is 140212279.

2. Your use of the Website

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You agree not to interfere with, damage or disrupt any part of our Website, any equipment or network on which our Website is stored; or any software used in the provision of our Website.

You are responsible for making all arrangements for you to have access to our Website.

If we determine that a breach of these terms has occurred, we may take such action as we deem appropriate, including immediate, temporary or permanent withdrawal of your right to use our Website; further legal action against you; and/or disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

By using our Website, you are agreeing to these terms of use. If you do not agree to these terms, please do not use our Website. If you purchase goods or services from or using our Website, our Terms and Conditions of Sale provided during your registration to the auction will apply to those goods or services. A list of our Terms and Conditions of Sale can be found on our calendar (https://simoncharles-auctioneers.co.uk/auctions) for each auction.

You may use our Website only for lawful purposes. You may not use our Website:

• in any way that breaches any applicable local, national or international law or regulation;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• for the purpose of harming or attempting to harm minors in any way;
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
• if you are a business user, you may not hold yourself out to be selling as a consumer or post a review posing as a consumer.

3. Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party or allow any third party to use your account.

We have the right to disable any user identification code or password, whether chosen by you or allocate by us, at any time, if in our reasonable opinion you have failed to comply with any provision of these terms.

When creating an account on our online services you may not impersonate individuals, groups, or organisations in a manner that is intended to or does mislead, confuse, or deceive us.

You can only register once for an account. If you are found to have registered more than once, we reserve the right to delete your account(s) without notice.

You are responsible for all activity that occurs under your account, including any activity by unauthorised users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using our services. If you become aware of an unauthorised access to your account, you must change your password and notify us immediately.

We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the services that violates our Terms. If you have reason to believe that your account is no longer secure, you must immediately notify us.

4. Intellectual property rights

We own (or license) all intellectual property rights in our Website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You are permitted to print off copies and download extracts from our Website for your own personal use provided that you do not modify copies in any way. You may draw the attention of others to material posted on our Website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Any use of extracts from the Website other than in accordance with this clause for any purpose is prohibited.

If you upload any copyright protected material (including photographs) to our Website, it is your responsibility to obtain the permission of the copyright owner.

5. Our Website changes regularly

The main purpose of our Website is to provide advertising services and share commentary on products from time to time and we usually update our Website on a daily basis. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update that material. We do not guarantee that our Website will be available 24/7, or that any content on it will be free from errors or omissions.

We reserve the right to withdraw or amend our Website or parts of it without notice.

6. Our liability

Suggestions, information, opinions and advice contained on our Website are provided without any guarantees, conditions or warranties as to its accuracy and for general information only. It is not intended to amount to advice on which you should rely. Any views submitted by our Website users do not necessary reflect our views and opinions.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence (or that of our employees, agents or directors); or fraud or fraudulent misrepresentation; or any liability which may not be limited or excluded by law.

To the extent permitted by law, we expressly exclude:

• all conditions, warranties, representations and other terms which might otherwise be implied by statute, common law or the law of equity;
• all liability for any claim, loss, demands or damages of any kind whatsoever (whether such claims, loss, demands or damages were foreseeable, known or otherwise) arising out of or in connection with the use of our Website or the information, content or materials included on this Website and any communication sent to you by us or any communication sent to us by you via the internet.

If you are a business user, please note that in particular, we will not be liable for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

7. Your comments and contributions

You are invited to submit questions on a lot and contributions to our content. If you contribute content to our Website, you agree to grant us a non-exclusive, royalty-free license to publish and use all your material in any way at any time on our Website and for marketing purposes. You shall remain the owner of the copyright in any submitted material. You also agree to indemnify us from any and all claims and liabilities (including legal fees) which arise from your contribution to our Website.

We may, but are not obliged to, publish any questions you submit to us and our response to such questions. Any responses made by us to any questions are made in good faith based on our knowledge at the time of answering such questions.

Any content you upload or submit to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, amend, adapt, distribute and disclose to third parties any such content for any purpose. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded to our Website constitutes a violation of their intellectual property, or of their right to privacy.

Contributions must not:

• Contain any material which is defamatory of any person
• Contain any material which is obscene, offensive, hateful or inflammatory
• Promote sexually explicit material
• Promote violence
• Discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
• Infringe any copyright, database right or trade mark of any other person
• Be likely to deceive any person
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
• Promote any illegal activity
• Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety
• Be likely to harass, upset, embarrass, alarm or annoy any other person
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person
• Give the impression that they have been sent from us, if this is not the case
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse]

8. Linking to our Website

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in a way which suggests any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.

9. Links from our Website

Where our Website contains links to other sites and online resources provided by third parties, these links are provided for your information and interest only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of third party websites and resources is at your own risk.

10. Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England.

11. Variations

We may revise these terms of use at any time by amending this page. You should check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of our Website will be your acknowledgment of your agreement to the revised terms of use.

12. Your concerns

If you have any concerns about material which appears on our Website or you wish to make use of content on our Website other than that set out above, please contact enquiries@simoncharles.com or by using any methods detailed on our "contact us" page.