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Secret Guru Terms of Use

Introduction

Welcome to www.SecretGuru.co.uk ("Secret Guru"). By accessing Secret Guru you are agreeing to the following terms and Privacy Policy. Secret Guru is provided to you by eBay Europe S.à r.l., 22-24 Boulevard Royal, L-2449 Luxembourg. This agreement is effective from 20 September 2012.

The Secret Guru Services Marketplace

Secret Guru provides a marketplace where certain people or companies can offer services to other users. Secret Guru does not itself offer or provide these services and all offers and transactions are between buyers and sellers on the site. If you buy or provide services through the site and there is a transaction, a contract will form between the buyer and seller and the seller may set out particular terms and conditions which buyers will agree to once they purchase a service this may include details about deposits, cancellations and refunds. Secret Guru does not determine the terms and conditions for each service and does not control deposits.

Secret Guru only provides the communications platform to enable these transactions and does not monitor the adverts or the nature of the services or transactions agreed between buyers and sellers. Secret Guru therefore is not liable for the adverts or the services provided and cannot guarantee quality, timing or legality of the adverts or services. Secret Guru may use reasonable endeavours to perform background checks on suppliers but cannot guarantee the legality or identity of suppliers of services through the site.

Conditions of Use of Secret Guru

As a condition of your use (including all buyers and sellers of services) of Secret Guru you agree that you will not:

  • use Secret Guru if you are under the age of 18 or you are not able to form legally binding contracts;
  • violate any laws;
  • post any threatening, abusive, defamatory, obscene or indecent material;
  • be false or misleading;
  • infringe any third-party right;
  • distribute or contain spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Secret Guru or the interests or property of Secret Guru users;
  • impose an unreasonable load on our infrastructure or interfere with the proper working of Secret Guru;
  • copy, modify, or distribute any other person's content without their consent;
  • use any robot spider, scraper or other automated means to access Secret Guru and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • bypass measures used to prevent or restrict access to Secret Guru.

You are solely responsible for all information that you submit to Secret Guru and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of the site either temporarily or permanently, or refuse a user's registration.

Do not share your password or username with anyone else and you are the sole authorised user of your registered account. Contact us immediately if you suspect your account has been accessed without your authorisation.

Abusing Secret Guru

Please report problems, offensive content and policy breaches to us.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Secret Guru if we think that they are creating problems or acting outside of these terms and conditions. However, whether we decide to take any of these steps, remove hosted content or keep a user off Secret Guru or not, we do not accept any liability for monitoring Secret Guru or for unauthorised or unlawful content on Secret Guru or use of Secret Guru by users.

Fees and Services

Sellers of services may require a deposit for booking services and the terms and conditions of when that deposit can be reclaimed will be determined by the provider of the services. Please satisfy yourself that you understand all specific terms and conditions associated with a particular service before agreeing to those terms and conditions with a seller of services.

Sometimes we may charge a fee for certain services or as a commission for service providers. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in Pounds Sterling, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

You are fully responsible for all personal or corporation tax applicable to services bought or sold through the platform.

Content

Secret Guru contains content from us, you, and other users. Secret Guru is protected by copyright laws and international treaties. Content displayed on or via Secret Guru is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Secret Guru without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Secret Guru. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Secret Guru (other than your own content). When you give us content, you are granting us and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.

Infringement

Do not post content that infringes the rights of third parties, This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). A large number of very varied services are offered on Secret Guru by private individuals and/or businesses in the UK. Entitled parties, in particular the owners of copyright, trademark rights or other rights owned by third parties can report any content which may infringe on their rights, and submit a request for this offer to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Secret Guru. Please report any potentially infringing content to us via ‘contact us’ links.

Liability

Nothing in these terms shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

We do not review users' postings and are not involved in the actual transactions between users. As most of the content on Secret Guru comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.

In no event do we accept liability for any services offered and/or provided by other users or for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Secret Guru, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Pounds Sterling.

Personal Information

By using Secret Guru, you agree to the collection, transfer, storage and use of your personal information by Secret Guru on servers located in the UK as further described in our Privacy Policy. You also agree to receive marketing communications from us unless you tell us that you prefer not to receive such communications. If you do not wish to receive marketing communications from us, you can simply email us at any time.

Resolution of disputes with other users

If there are any disputes between buyers and sellers of services via the site, these must be resolved between the buyer and seller as Secret Guru is not a party to your transaction (contractually or otherwise). As Secret Guru is not part of the contract between buyers and sellers for services, you release Secret Guru from any involvement in a dispute you may have with other users of the site. Secret Guru is not liable for any transactions that take place through the site.

General

These terms and the other policies posted on Secret Guru constitute the entire agreement between Secret Guru and you, superseding any prior agreements. No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

This Agreement shall be governed and construed in all respects by the laws of England and Wales. You agree that any claim or dispute you may have against Secret Guru must be resolved by the courts of England and Wales. You and Secret Guru both agree to submit to the exclusive jurisdiction of the English Courts.

If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the site, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.

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