Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which you may use our websites MyDartFrog.co.uk and their sub-domains whether as a visitor or Registered User.
Please read these Terms carefully and make sure that you understand them before you start using MyDartFrog. By using MyDartFrog, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms please do not use MyDartFrog.
If you apply to become a Registered User you will be asked to click to I Agree” these Terms. If you refuse to do so, you will not be able become a Registered User. Where you have refused to click to “Accept” but continue to use MyDartFrog as a visitor your continued use of MyDartFrog will indicate acceptance of these Terms.
You should print a copy of these Terms for future reference.
1. Information About Us
1.1 MyDartFrog.co.uk is operated by James Pennicott.
2. Definitions Used In These Terms
“Confirmation” means our e-mail confirmation to you that you have become a Registered User or Upgraded User (as the case may be).
“Content” means the data, text, information, adverts, messages, details, screen names, photographs, graphics, software, files, sounds, static and mobile images and all other material on MyDartFrog.
“Items” means all goods or services offered for sale or rent that have been Posted on MyDartFrog.
“Minor” means a person under 18 years of age.
“Post” means display, exhibit, publish, distribute, upload, transmit and/or disclose and the words “Posted” and “Posting” shall be interpreted accordingly.
“MyDartFrog” means all web pages available under the domains MyDartFrog.co.uk and their subdomains.
“Bronze, Silver & Gold Member” means a Registered User who has paid to upgrade their user account.
“Registered User & Member” means anyone who has a MyDartFrog account and includes Paid Members.
“Services” means all or any services provided by us through MyDartFrog including without limitation our on-line market place.
3. MyDartFrog is a Venue
3.1 MyDartFrog is a venue. Sellers may list Items, buyers may find Items and Registered Users may exchange their reasonably held and legal views and opinions.
3.2 We are not responsible for contracts for the supply of goods, services or information formed through MyDartFrog (or as a result of visits made to MyDartFrog) between you and other MyDartFrog users. We are simply a venue.
3.3 Any contract is between the buyer and the seller and is subject to the terms and conditions which are implied by law or which the buyer and seller agree between themselves or both. MyDartFrog is not a party to the contract between the seller and buyer nor is MyDartFrog liable under it.
3.4 We do not provide any warranties or assurances in relation to the Items you purchase (or attempt to purchase) from third party sellers through MyDartFrog, or from companies to whose website we have provided a link on MyDartFrog, and any such warranties and assurances are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureaux.
4. Access to MyDartFrog
4.1 From time to time, we may restrict access to some parts of MyDartFrog or the whole of MyDartFrog to Registered Users or just Paid Users.
4.2 When using MyDartFrog, you must comply with the provisions of our acceptable use policy published at https://www.MyDartFrog.co.uk/termsaup.
4.3 You are responsible for making all arrangements necessary for you to have access to MyDartFrog. You are also responsible for ensuring that all persons who access MyDartFrog through your internet connection are aware of these Terms and that they comply with them.
5. Membership Accounts and User Names
5.1 You may create only one membership account per person. You may not assign, transfer or otherwise deal with your membership.
5.2 You user name must not:
- (a) contain any swear words or expletives or any words which could be construed as such in any language; or
- (b) damage our goodwill or reputation or that of any entity with which we are associated including in each case officers, employees, personnel, members, customers and stakeholders; or
- (c) breach our or any third party rights; or
- (d) imply any connection with us. For example, your user name must not include the word “MyDartFrog” nor must it use any of our trade marks or any confusingly or colourably similar words or expressions.
5.3 If in our opinion you breach clause 5.2 we may, without prejudice to our other rights and remedies, require you to change your user name or change it ourselves.
5.4 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, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of the Terms.
5.5 You are responsible for any use of MyDartFrog under your password and login details. We have no responsibility for such use. If you become aware of any unauthorised use of your password or login details please contact us immediately at firstname.lastname@example.org.
6. Registered Users
6.1 By becoming a Registered User, you warrant that:
- (a) you are legally capable of entering into binding contracts; and
- (b) you are at least 18 years old or if you are a Minor you have the prior written consent of your parent or guardian to become Registered User.
6.2 Your application to become a Registered User constitutes an offer by you to us to enter into a binding contract with us to become a Registered User. We do not have to accept your application. We will act in accordance with the law when deciding whether or not to accept your application.
6.3 A contract, in relation to your use of MyDartFrog as a Registered User, will come into existence and these Terms shall become binding on you in respect of such use and us when you begin to use MyDartFrog as a Registered User.
6.4 English is the only language in which our contract may be concluded.
7. Upgraded Users: Price and Payment
7.1 Some Services require payment in full before their use. In such cases the amount payable will be clearly indicated.
7.2 We may change our prices from time to time. In which case you will be notified of this in advance and have the opportunity to decline payment. If you decline payment you will not receive the Services to which such payment relates.
7.3 Prices include Value Added Tax unless otherwise indicated.
7.4 We will not start to provide the paid-for Services (and shall be under no obligation to do so) until we have been paid in advance in accordance with these Terms.
7.5 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend our performance of the paid-for Services until you have paid the outstanding amounts.
7.6 You are given the opportunity to check your Application and cancel it or amend it prior to its final submission to us. You have agreed that we will begin to provide the Services immediately on our issuing a Confirmation. Please note that once we have issued a Confirmation, provided you with a copy of these Terms in a durable medium and we have begun to provide the Services (i.e. activated your account) you may not cancel or amend our contract and you will lose any cancellation rights which you may have had under the Consumer Protection (Distance Selling) Regulation 2000. This does not affect your other statutory rights and you may still cancel our contract where you are legally entitled to do so, for example, in accordance with these Terms or because of our breach.
7.7 Following your initial subscription, your MyDartFrog subscription will not be automatically renewed in accordance with the upgrade type/offer. Payments made by you before your subscription is cancelled will not be eligible for a refund. This does not affect your statutory rights.
8. Posting to MyDartFrog
8.1 You are solely responsible for your Content when using MyDartFrog. We are not responsible, or liable whatsoever, for the content or accuracy of any Content Posted by you or any other user of MyDartFrog.
8.2 You must not use or allow anyone else to use MyDartFrog to Post any Items, Content or other materials that:
- (a) breach our Acceptable Use Policy published at https://www.mydartfrog.co.uk/termsaup.
You undertake that any Content Posted by you will comply with those standards and you indemnify us for any breach of that undertaking.
8.3 Any Content you Post to MyDartFrog will be considered non-confidential and non-proprietary. By Posting Content you grant to us an irrevocable, worldwide, royalty free and sub-licensable licence and right to use, copy, distribute and disclose to third parties any such Post and Content for any purpose.
8.4 Applicable to business unlimited members only: As a business unlimited member you have the opportunity to send import feeds to MyDartFrog. In line with GDPR, you, the business unlimited member, are responsible for the removal and update of any adverts you send to MyDartFrog. MyDartFrog will not be held liable for non-GDPR compliant adverts hosted on MyDartFrog via an import feed from a third party (business unlimited member) and shall be entitled to recover any and all losses it suffers or incurs in connection with the same.
9. No Duty to Monitor or Moderate
9.1 We are under no duty to you to monitor or record the activity of any MyDartFrog user.
9.2 Content generated by Registered Users is not moderated.
9.3 We have the right (but not the obligation) to monitor any Posting or Content and we have the right to refuse, reclassify or remove any Post or edit any Content, for example (but without limitation) if:
- (a) in our opinion, such material does not comply with our Terms; or
- (b) we are notified that it may be offensive, illegal or defamatory.
9.4 Please note that Content includes messages sent via our on-line messaging service. This means that messages are not confidential and are not proprietary. We may view, refuse, reclassify or remove messages even if you have not opened the message.
10. Storage of Content (Including Messages)
10.1 We assume no responsibility for the deletion or failure to store, deliver or timely delivery of messages or other Content.
10.2 We may, from time to time and without notice, set limits on the number of messages a Registered User may send, store or receive through the Service and we retain the right to delete any messages about such limits without any liability whatsoever. Any notice provided by us to you in connection with such limits shall not create any obligation to provide future notification.
11. Other Users of MyDartFrog: Risks
11.1 You understand that by using MyDartFrog you may receive or be exposed to third party Content which you may find indecent, offensive or objectionable but you use MyDartFrog at your own risk and we are not responsible for such third party content.
11.2 You understand that we cannot verify the identity of users. This means that some users may not be who they say they are.
12.1 In accordance with clause 6.1(b), Minors are not permitted to become Registered Users MyDartFrog without the consent of a parent or guardian.
12.2 Minors may not enter areas of MyDartFrog that are marked as being for persons of 18 years of age and over and it is the responsibility of parents and guardians to ensure that they do not do so.
12.3 Parents and guardians are responsible for supervising Minors when they use MyDartFrog and undertake to us to do so. This is not our responsibility.
12.4 We advise parents and guardians who permit minors to use MyDartFrog that it is important that they communicate with them about their safety online. This is not our responsibility. Minors who are using MyDartFrog should be made aware by you of the potential risks to them and of their obligation to comply with the Terms when using MyDartFrog.
12.5 To find our more about internet safety for Minors please visit: Advice on child internet safety.
13. Privacy and Data Protection
14. Third Party Rights Owners
14.1 We have the right to disclose your identity (and the relevant Content) to any third party who is claiming that your behaviour or any Content Posted or Item advertised is illegal, breaches these terms, is in violation of intellectual property rights or in some other way infringes that third party’s rights.
15.1 All Competitions
15.1.1 We reserve the right to amend these Terms without notice from time to time.
15.1.2 These rules will be deemed incorporated into each competition except to the extent that any specific instruction in a competition provides otherwise.
15.1.3 By entering the competition entrants will be deemed to have read and understood these Terms and be bound by them. All of our decisions will be final and binding and no correspondence will be entered into.
15.1.4 Any person who is an employee or an immediate family member of an employee of any James Pennicott or any other person who is directly connected with the organisation of any particular competition is ineligible to participate.
15.1.5 Competitions are only open to residents of the UK (excluding Northern Ireland).
15.1.6 All entrants are to be aged 18 or over unless any other age restriction is specified or implied. Entrants should, if under 18, obtain permission in advance from their parent or guardian.
15.1.7 All entries must be received by the closing date specified in the competition. Answers will be entered upon submission. No responsibility will be taken for any answers that are misdirected, lost for technical or other reasons or received after the closing date.
15.1.8 We reserve the absolute right to disqualify without notice any entries to any competition which we consider have used improper technical means to enter and/or we believe is fraudulent.
15.1.9 Entrants are liable for their costs to access computer networks.
15.1.10 We will not be liable for or accept any responsibility for:
- (i) any failure by the winner or any entrant to comply with these terms and conditions;
- (ii) any disruption, delay or misdirection of entries; or
- (iii) any server, system or network failures, malfunctioning or inaccessibility.
15.1.11 We shall be the promoter of all competitions subject to these terms and conditions unless stated otherwise.
15.2.1 If for any reason an advertised prize is unavailable we reserve the right at our absolute discretion to substitute a similar prize of equivalent or greater value.
15.2.2 Only one prize will be awarded per household.
15.2.3 There will be no cash or other alternative to the prize offered and prizes are not transferable.
15.3.1 The winner’s name will be selected in a random draw, after the closing date, from all correct answers received.
15.3.2 The winner of a prize will be notified within 28 days after the winner has been ascertained.
15.3.3 Please allow 28 days for delivery of all prizes.
15.3.4 If the winner of the a competition is unable to take up a prize for any reason or if the winner cannot be notified after reasonable efforts having been made then we may dispose of the prize as we think fit without any liability to the winner for having done so.
15.3.5 For each competition, only one prize will be awarded per entrant / email address. Names of winners will be available on request.
15.3.6 The names of the winners may be published on our Website and/or on our Facebook, Twitter or any other social media platform.
15.4 Claiming Prizes
15.4.1 Prizes Involving Travel:
- (a) Travel arrangements are the responsibility of prize winners unless otherwise stated;
- (b) we reserve the right to require written permission from the parent or guardian of any winner who is under the age of 16 and to require such a winner to choose as a companion someone 18 or over.
15.4.2 Competition prizes/tickets may be restricted to certain times of the year and unless otherwise stated all prizes must be taken within six months of the date of the competition draw.
15.4.3 Where prizes are to be provided by a third party then the winner will be required to complete all appropriate or applicable booking or other formalities direct with such providers. We will have no responsibility for the acts/defaults of any other persons or companies.
16. Intellectual Property Rights
16.1 We are the owner or the licensee of all intellectual property rights in MyDartFrog and in Content Posted on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
16.2 You may print off one copy, and may download extracts, of any page(s) from MyDartFrog for your personal reference and you may draw the attention of others within your organisation to Content Posted on MyDartFrog.
16.3 You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use Content separately from any accompanying text.
16.4 Our status (and that of any identified contributors) as the authors of Content on MyDartFrog must always be acknowledged.
16.5 You must not use any part of the Content on MyDartFrog for commercial purposes without obtaining a licence to do so from us or our licensors.
17. Paid Subscription & Discounts
17.1 You MUST NOT share any discount codes or post public any you redeem from purchasing a subscription
17.2 If found to be sharing codes MyDartFrog has the right to cancel your membership plan at any time without notice.
17.3 Once you have viewed the “Members Discounts, Bronze Membership, Silver Membership or Gold Membership” page you are no longer able to recieve a refund on any subscription purchased.
17.4 If you purchase a subscription the length cannot be guaranteed, if the website does not make sufficient money for running costs and has to close you are not entitled to a refund.
17.5 Suppliers have the right to withdraw their discount code and we cannot be held liable for the duration of the code.
17.6 Some trial subscriptions may be used to see if the supplier can sustain the discount provided and will be clearly marked as “Trial Offer”.
17.7 Suppliers will monitor usage of your UNIQUE CODE, if they see that you have shared your code to others they have the right to cancel your code and inform MyDartFrog and you will be investigated and potentially suspended from our website without refund.
18. Linking to MyDartFrog
18.1 You may link to MyDartFrog, 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 such a way as to suggest any form of association, approval or endorsement on our part where none exists.
18.2 MyDartFrogmust not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy published at https://www.mydartfrog.co.uk/termsaup.
18.3 If you wish to make any use of material on MyDartFrog other than that set out above, please contact us at email@example.com.
19. Links From MyDartFrog
19.1 Where MyDartFrog contains links to other sites and resources provided by third parties, these links are provided for your information 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.
20. Viruses, Hacking and Other Offences
20.1 You must not misuse MyDartFrog by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to MyDartFrog, the server on which MyDartFrog is stored or any server, computer or database connected to MyDartFrog. You must not attack MyDartFrog via a denial-of-service attack or a distributed denial-of service attack.
20.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use MyDartFrog will cease immediately.
20.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of MyDartFrog or to your downloading of any material posted on it, or on any website linked to it.
21. Limitation Of Liability
21.1 The material displayed on MyDartFrog (including without limitation Content and Posts) is provided without any guarantees, conditions or warranties as to its accuracy.
21.2 Subject to clause 21.3, to the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- (a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
- (b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with MyDartFrog or in connection with the use, inability to use, or results of the use of MyDartFrog, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- (i) loss of income or revenue;
- (ii) loss of business;
- (iii) loss of profits or contracts;
- (iv) loss of anticipated savings;
- (v) loss of data;
- (vi) loss of goodwill;
- (vii) wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
21.3 Nothing in these Terms limits or excludes our liability for death or personal injury arising from our negligence, or our liability for our fraudulent misrepresentation or our misrepresentation as to a fundamental matter nor for any other liability which cannot be excluded or limited under applicable law.
21.4 Without prejudice to the general limits on our liability referred to in clause 21.2 and subject to clause 21.3:
- (a) we are under no obligation to you to monitor or record the Postings, Content or other activities of users of MyDartFrog;
- (b) we do not assume any responsibility for the quality, safety or legality of Items;
- (c) we do not assume any responsibility for the truth or accuracy of any Postings or Content;
- (d) we make no promises, warranties or guarantees about your ability to buy or sell Items using MyDartFrog;
- (e) we are not responsible for third parties. For example, it is not our responsibility if a seller does not deliver Items, if the Items are not as described or if a buyer does not pay for Items.
22. No Reliance
22.1 Commentary and other materials posted on MyDartFrog are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to MyDartFrog, or by anyone who may be informed of any of its contents.
23. Events Outside Our Control
23.1 We will not be liable or responsible for any matter arising out or in connection with events outside our reasonable control, including without limitation:
- (a) strikes, lock-outs or other industrial action;
- (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
- (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
- (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
- (e) impossibility of the use of public or private telecommunications networks.
each a (“Force Majeure Event”).
23.2 Our obligations shall be suspended for the period that the Force Majeure Event continues, and we will extent the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these terms can be performed despite the Force Majeure Event.
24. Interruption of Service
24.1 Access to MyDartFrog is permitted on a temporary basis. We reserve the right to interrupt, withdraw or amend the Service without notice. For example, if it is necessary or desirable for us to interrupt the Service (for example for routine maintenance) then we may do so without telling you first.
24.2 You agree that we are not liable to you for any loss whether foreseeable or not arising out of or in connection with unavailability or interruption of the Service except that, if you have paid for a subscription and the Service has been unavailable for a continuous period of 30 days we will refund the unused portion of your fees.
25. Ending Our Contract
25.1 You may terminate your registration at any time, for any reason, with immediate effect by contacting us via firstname.lastname@example.org. We reserve the right to check the validity of any request to terminate registration.
25.2 We may terminate your registration at any time, for any reason, with immediate effect by contacting you at your last known postal or e-mail address.
25.3 We may terminate your registration without notice if you breach our Terms including with out limitation our Acceptable Use Policy (https://www.mydartfrog.co.uk/termsaup).
26. Refund Policy
26.1 If you terminate your registration for reasons other than our breach, then we will not refund to you any monies.
26.2 If we terminate for reasons other than your breach, then we will within fourteen days refund to you the balance of any monies which you have paid to us (and we have received) which relate to Services to be provided (but not provided) after the date of termination.
27. Other Consequences of Ending Our Contract
27.1 Termination by either party shall have the following effects:
- (a) Your right to use the Services shall immediately cease;
- (b) We are under no obligation to forward any unread or unsent messages to you or any third party.
27.2 Termination will not affect either party’s outstanding rights or duties up to the date of termination, including our right to recover from you any money you owe to us.
28. Written Communications
28.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using MyDartFrog, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
29.1 We may give notice to you at either the e-mail or postal address you provide to us when you register or by posting the information on MyDartFrog. Notice will be deemed received and properly served immediately when posted on MyDartFrog, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
30. Transfer of Rights and Obligations
30.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
30.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
30.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
31.1 If we fail, at any time during the term, to insist upon strict performance of any of your obligations, or if we fail to exercise any of the rights or remedies to which we are entitled, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
31.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
31.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
32. Entire Agreement
32.1 These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
32.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
32.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
32.4 Nothing in this clause limits or excludes any liability for our fraud.
33. Our Right To Vary These Terms And Conditions
33.1 We have the right to revise and amend these terms and conditions from time to time.
34.1 If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
35.1 Nothing is intended to or shall be deemed to establish any partnership of joint venture between us or make either of us an agent or employee of the other.
36. Third Party Rights
36.1 A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
37. Dispute Resolution
37.1 If any dispute arises out off or in connection with MyDartFrog, we will first attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between us, the mediator will be nominated by CEDR.
38. Jurisdiction and Applicable Law
38.1 The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to MyDartFrog although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
If you have any concerns about material which appears on MyDartFrog, please contact us at email@example.com
These terms were last revised June 2020.