Effective Date: 18 February 2012
Version 01

1. Introduction

1.1 This website is owned and operated by Shimmering Sands Limited. We are registered in the UK under number 7710125. Our registered office and trading address is at 89 The Larches, London N13 5QD, UK. Our other contact details are specified on our website.
1.2 Please read these terms and conditions carefully. They cancel and replace any previous versions. By registering on or using this website you agree to be bound by these terms and conditions. The General Terms and Conditions apply to all Users. The Addendum (at the end of these terms and conditions) contains additional terms which apply to Users who place Advertisements. In the event of any conflict, the Addendum takes priority.

2. Definitions

2.1 The following definitions apply in this agreement:
2.1.1 “Advertisement” means a sale listing, a link to goods/services for sale on third party websites and any other promotion or advertisement on our Service such as banners, skyscrapers, MPU’s.
2.1.2 “Content” means all information of whatever kind (including text, images, photos, videos, forum posts, Advertisements and messages) published or sent by Users on or in connection with our Service.
2.1.3 “Service” means both our website and any related software and services.
2.1.4 “User” means a person who uses our Service (whether or not registered with us).

3. Changes to the terms and conditions

3.1 We may change these terms and conditions by posting the revised version on our website for at least 14 days before they become effective. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our Service following the effective date shown.

4. Use of our Service – applicable to all Users

4.1 We grant Users a limited personal right to use our Service subject to these terms and conditions.
4.2 You are not eligible for, and must not use or register on, our Service if you are below the legal age to contract with us or if display of or access to the material contained on this Service is illegal under the laws (if applicable) of the country from which you are accessing the Service (eg because the country does not permit such a Service or display of or access to such material at all or because you are under the relevant age limit in that country) or if you have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct or harassment.
4.3 Apart from the placement of Banner Advertisements by express agreement with us, our Service is designed for, and may only be used by, bona fide collectors who are not acting for the purpose of a business. We are likely to conclude that you are a business if more than 20% of the items or groups of related items you have added to your profile are listed for sale at any one time.
4.4 You agree that you will not in connection with the Service:
4.4.1 breach any applicable law, regulation or code of conduct or infringe any rights of others;
4.4.2 engage in any inappropriate behaviour relating to the Service including threatening, stalking, harassing or invasion of privacy;
4.4.3 publish or send any Content which involves revealing any personal data of another person (ie information enabling someone to be identified or contacted) unless that person is 18 years or over and you have obtained that person’s explicit written consent;
4.4.4 collect or harvest any personal data of Users (which shall be deemed to include Service usernames);
4.4.5 publish or send any Content which links to any third party websites which are illegal or contain inappropriate Content;
4.4.6 sell access to the Service; 4.4.7 sell advertising, sponsorship or promotions on or in connection with Content except where explicitly authorized by us;
4.4.8 use the Service for junk mail, spam and pyramid or similar or fraudulent schemes;
4.4.9 access or distribute Content or any other part of the Service other than through functionality explicitly authorised by us and, if we do so authorise, you must not modify such functionality including any links back to our Service;
4.4.10 do anything which may have the effect of disrupting the Service including worms, viruses, software bombs or mass mailings;
4.4.11 gain unauthorised access to any part of the Service or equipment used to provide the Service;
4.4.12 circumvent or otherwise interfere with any security related features of the Service or features that limit or prevent copying of Content or which restrict use of Content; or
4.4.13 attempt, encourage or assist any of the above.
4.5 You must comply with any guidelines or requirements on our website. You must promptly comply with any reasonable request or instruction by us in connection with the Service.
4.6 You must ensure that all contact and payment information (eg email and postal addresses, credit card numbers) which you provide is accurate and not misleading and that you will update it so that it remains so.
4.7 Your account on our Service is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. In such case you should also immediately amend your password via our Service. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

5. Content

5.1 You must not on the Service offer, or link to any third party website offering, goods or services for sale other than by means of a paid-for Advertisement.
5.2 If you respond to any Advertisement, please note that any consequent contract for sale or other transaction is between you and the advertiser concerned. We may provide tools to facilitate a transaction but we are not a party to that contract.
5.3 We do not verify Advertisements. Nor do we accept legal responsibility for the accuracy of, or otherwise in relation to, any Advertisement or in connection with any consequent communications or transactions. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
5.4 You acknowledge that in using the Service you may be exposed to offensive or other objectionable Content or behaviour. We do not endorse or recommend any Content and are not responsible for Content. We rely on information supplied by Users. It is not practical for us to check the identity of Users or to vet or monitor Content. You should not assume that any Content is accurate and be aware that a person may not be who he or she claims to be. In your own interests, you should not attempt to contact any other User other than through the Service.
5.5 Any content which we ourselves make available on our Service is intended for very general guidance but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Again, before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
5.6 You are responsible for your Advertisements and other Content. You must ensure that such information is accurate and up to date, not misleading, complies with all applicable laws, regulations and codes of conduct and does not infringe any third party intellectual property or other rights. Also, the Content must not be defamatory, offensive, vulgar, racist, abusive, invasive of another’s privacy or similarly inappropriate.
5.7 We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the relevant authorities any Content if it is the subject of complaint or where we have reasonable grounds for believing that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant Content.
5.8 You must notify us immediately if you become aware of any inappropriate Content or inappropriate behaviour by any User. You can do this by clicking here [email link] or by contacting us via the “Contact Us” or similar page on our website.
5.9 We do not accept responsibility if your Content is misused by other Users as this is outside our reasonable control.
5.10 It is your responsibility to make your own backup of any Content stored within the Service to protect you in case of loss or damage to such material. We are not responsible for such losses.
5.11 We reserve the right to irretrievably delete any Content following cancellation of this agreement or if your account has been inactive for six months.

6. Cancellation

6.1 You may at any time cancel your agreement with us (including your subscription) by following the instructions on our Service. A request for cancellation under this clause does not give rise to any refund.
6.2 We may at any time without cause immediately cancel your agreement with us including your right to use of our Service. If so, we will refund in full any fees already paid for the period in respect of which we take such a step.
6.3 We may at any time cancel or suspend this agreement or restrict your use of the Service (giving notice by email to the extent reasonably practicable) if you have breached our terms and conditions or, acting reasonably, we consider that it is necessary to protect us or others or if we are required to do so by law or appropriate authority. In such case, there will be no refund of any fees.
6.4 Following cancellation of this agreement, your registration for and right to use our Service are terminated. Accrued rights and liabilities are unaffected. All clauses in this agreement which are stated or intended to continue after cancellation will continue to apply. You must not attempt to re-register for or continue to use our Service if we have given you notice of cancellation.
6.5 We cannot be held legally responsible for loss or damage resulting from cancellation of this agreement provided we act in accordance with this agreement.

7. Functioning of our Service

7.1 We cannot guarantee that the Service will be uninterrupted or error-free. We will use reasonable endeavours to rectify faults if they occur.
7.2 We are entitled, without notice and without liability, to suspend the Service for repair, maintenance, improvement or other technical reason. If so, we will use reasonable endeavours to ensure that the suspension takes place at a time when our Service is least likely to be used and that the suspension is for the shortest period possible.
7.3 We are entitled to make changes to the Service.

8. Third party websites

8.1 We may link to third party websites which may be of interest to you. We do not recommend or endorse those sites or the products or services which they offer nor are we legally responsible for them as they are outside our reasonable control. You use such third party sites at your own risk.

9. Intellectual property rights

9.1 All trade marks, logos, content (including our website’s structure and layout), graphics, images, photographs, animation, videos, text and software used on the Service are our intellectual property or that of our partners or suppliers. For the purposes of your personal use only, you may view such content on your screen and print a single copy. You may not otherwise retrieve, display, modify, copy, print, sell, download, create derivative works from, hire or reverse engineer (unless permitted by applicable law) or use such content without our specific prior written consent.
9.2 If you publish any Content on our Service, you grant us a worldwide, perpetual, non-exclusive, royalty-free licence to use, copy, alter, display, and create extracts of, or derivative works from, that Content in any media formats, both on our own Service and also on third party media for the purpose of redistribution or promotion of our Service. You waive your moral rights in relation to such Content to the extent legally permitted. You grant each User a worldwide, perpetual, non-exclusive, royalty-free licence to use your Content to the extent permitted by the functionality of the Service and these terms and conditions.
9.3 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about our Service ("Submissions") which you provide us are non-confidential and shall become our sole property. We shall own exclusive intellectual property rights in, and shall be entitled to the unrestricted use and dissemination of, these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

10. Liability etc

10.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
10.2 You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
10.3 Very important: If you are a consumer (ie not acting in the course of a business), we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
10.3.1 there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
10.3.2 such loss or damage is not a reasonably foreseeable result of any such breach;
10.3.3 such loss or damage is caused by you, for example by not complying with this agreement; or
10.3.4 such loss or damage relates to a business.
10.4 Very important: If you are a consumer (ie not acting in the course of a business), you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).
10.5 The following clauses apply only if you are a business (including Advertisers):
10.5.1 To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
10.5.2 Our liability of any kind (including our own negligence) with respect to our Service for any one event or series of related events is limited to £100 or the total fees payable by you in the 12 months before the event(s) complained of, whichever is higher.
10.5.3 In no event (including our own negligence) will we be liable for any: 5.3.a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
5.3.b) loss of goodwill or reputation; 5.3.c) special, indirect or consequential losses; or
5.3.d) damage to or loss of data (even if we have been advised of the possibility of such losses).
10.5.4 You will indemnify us against all claims and liabilities directly or indirectly related to your Advertisement or the advertised goods or services and/or breach of this agreement.
10.5.5 This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

11. “Act of God”

11.1 Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond your or our reasonable control (for example, outages at third party networks) . If our Service is unavailable for more than 14 days, you are entitled to cancel this agreement and obtain a refund of any subscription payment made for the period that the Service was unavailable.

12. Transfer

12.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

13. English law

13.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.

14. General

14.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (ie that it can’t be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.

15. Complaints

15.1 If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.

ADDENDUM APPLICABLE ONLY TO USERS WHO PLACE ADVERTISEMENTS

16. Your Advertisement

16.1 We reserve the right in our discretion without notice to edit the text or layout of Advertisements submitted to or posted on our Service or to locate or relocate Advertisements on our Service in order to comply with our terms and conditions and otherwise to the extent that we think fit (provided that you achieve prominence which is broadly equivalent to what we offer for your particular package).
16.2 You agree that, in connection with the supply of good and/or services which are the subject of the Advertisement, you will act in accordance with the highest industry standards and in accordance with all applicable laws, regulations and codes of conduct.
16.3 You may only use any contact information supplied by Users in response to Advertisements for the purpose for which it was supplied. To avoid doubt, you shall not use the information in any other way (including use for marketing purposes or disclosure to third parties for marketing) without the specific prior written consent of the Customer.
16.4 We do not guarantee that your Advertisement will generate any particular level of enquiries or revenues.
16.5 We reserve the right to irretrievably delete your Advertisement following expiration of your subscription or termination or cancellation of this agreement.

17. Payment for Advertisements

17.1 You are legally committed to pay for your Advertisement in accordance with the terms of this agreement once we confirm your order.
17.2 Unless otherwise stated, prices exclude VAT which must be payable in addition if applicable.
17.3 You may at any time cancel your Advertisement by following the instructions on our Service. Such cancellation does not give rise to any refund.
17.4 If you are an EU consumer (ie acting for purposes outside a business), you may cancel your order within 7 working days of placing your order by email to info@collectionsuncovered.com or any of the other methods specified in the Distance Selling Regulations http://www.legislation.gov.uk/uksi/2000/2334/Contents/made. Within 30 days of your notice we will refund your payment. However, this right of cancellation does not apply once our Service has started. This occurs when your Advertisement is first displayed. In such case you agree to performance of the contract starting before the usual cancellation period has expired.
Subscriptions
17.5 In the case of Advertisements payable by subscription, these can be acquired at the prices, for the periods and by the payment methods specified on our Service. Payment is in advance. We may at any time change our subscription prices. The new rate takes effect if you apply for or renew a subscription after we post the new prices on our Service.
Non-subscription
17.6 We may also charge for Advertisements on the basis of clicks, impressions, leads or other events (“Event”) or in some other way. In the case of “pay per click” Advertisements, a click means all clicks by a unique user on an Advertisement over a 24 hour period. In the case of CPM Advertisements, an impression means a single instance of an advertisement being displayed. You acknowledge that our tracking records shall be conclusive as to the occurrence of any Event.
17.7 Unless otherwise specified when you order, invoices are payable within seven days
17.8 You must make all payments without any set-off, counterclaim or any other deduction.
17.9 Time shall be of the essence for all payments under this Agreement.
17.10 If any amount due to us is unpaid, we may:
17.10.1 charge reasonable additional administration costs; and/or
17.10.2 charge interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998; and/or
17.10.3 disable, suspend or remove any or all of your Advertisements; and/or
17.10.4 cancel this agreement on written notice (including email).
17.11 We may require payment of a deposit as a security for performance of your obligations. If so:
17.11.1 We may deduct from the deposit the amount of any fees invoiced to you.
17.11.2 We shall not pay interest on any deposit.
17.11.3 It is your responsibility to top up the deposit so that there is sufficient credit to pay fees. We reserve the right to suspend the Service if we consider that there are insufficient monies on deposit to pay the fees.
17.11.4 The deposit shall be non-refundable.