MISI Terms and Conditions


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Misi Terms and Conditions of Use Agreement

Introduction

Welcome to Misi.
This terms of conditions of use agreement governs the use of the Misi.co.uk (“Misi”) website. By using and becoming a member of Misi you “the user” must read, accept and agree to be bound by this terms and conditions of use agreement which is effective upon acceptance and agreement and constitutes a legally binding agreement between you and Misi. Misi may change this agreement from time to time and such changes will be posted online. Please review regularly to ensure you are aware of any updates as you will be legally bound by these terms as updated or amended. Unless you and Misi agree otherwise, you will not be able to cancel this agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of Misi services has commenced.

Misi Host Environment

Misi provides a host website environment which facilitates the online offer, sale and purchase of certain handmade arts and crafts and creative goods for Misi users. Misi does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by factors outside of Misi’s control. Misi does not have any direct involvement in transactions between users and as a result cannot control or guarantee any aspects of such transactions including the ability of a seller to supply or a buyer to pay for any item listed. Misi does not at any point have possession of anything listed or sold through the site is not in the position to ensure completion of any transaction nor effect transfer of legal ownership of any item or items from seller to buyer.
Misi can not control or guarantee any aspect of the items listed by users including the accuracy of any prices for items which have been posted on the Misi site by users and Misi is not liable for content of any nature including but not limited to text, usernames, artwork, images, graphics, photographs, data, craft process information and any links posted by any user. Misi does not routinely review users or users listings and is not in the position of controlling or guaranteeing the quality, safety, morality or legality of any item offered for sale nor any detail relating to the true identity, age or nationality of any user whether such user is acting as a buyer or seller in respect of any particular transaction or series of transactions. You will not hold Misi responsible for the actions or inactions of buyers or sellers or for ensuring that they actually complete transactions. Misi does not control the Content provided by users that is made available on Misi. You could find some Content to be offensive, harmful, inaccurate, or deceptive. Notwithstanding our membership eligibility there are risks of dealing with underage persons or others acting under false pretence. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Misi, you agree to accept such risks and that Misi (and Misi’s directors and employees) is not responsible for any acts or omissions of users on Misi. Misi encourages users to communicate directly with other users in respect of any potential transaction through the tools available under the Misi site including the Misi BLOG.. All users use the Misi service at their own risk Please use caution, common sense, and practice safe buying and selling when using Misi. Please do not assume that the offer, sale or purchase of any item is valid and legal simply because it is listed on the Misi site. You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on Misi.

Membership

Eligibility:You may only use the Misi website and services if you are over the age of 18 but you may not use the Misi website or services if you are not able to form legally binding contracts. Misi's services are not available to temporarily or indefinitely suspended Misi members. Misi reserves the right, at Misi’s sole discretion, to cancel unconfirmed or inactive accounts. Misi reserves the right to refuse service to anyone, for any reason, at any time.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Misi of any unauthorised use of your password or any breach of security. You also agree that Misi cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address, Address and valid telephone number.

Using Misi

You are solely responsible for your conduct and activities when you use the Misi website including any and all text, usernames, artwork, images, graphics, photographs, data, art and craft process information and any links that you submit, post and/or display on Misi.
If you describe a listed item or items as “handmade” then this must be your original product or products and will not be produced by a wider or Mass production method. If an article is described as “creative” it must have similar characteristics to those of a similar nature to a handmade product but may not necessarily be your original product or product. However the sale of certain basic raw materials and art and craft tools to users who make handmade art and craft goods is allowed but in no event is this exception to be extended to include any other goods which are not either handmade or creative. You must not use the Misi website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Misi website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse worm, keystroke logger, rootkit or other malicious computer software or technologies that may harm Misi or the interests or property of Misi’s users.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) including E mail addresses on or in relation to the Misi website without Misi’s express written consent.
By uploading images to the misi web site you agree that misi may use your image periodically within the MISI web site and within misi promotional material. MISI will not release your images to a third party however without prior permission.
By listing an item on Misi you warrant that you and all aspects of the item comply with Misi’s terms and conditions of use. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Misi shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

All sellers are urged to outline shop policies for their Misi shop. These policies may include, for example: shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Misi’s site policies. Sellers are responsible for enforcing their own reasonable shop policies. Misi reserves the right to request that a seller modify a shop policy.
The price stated in each item listing description must be an accurate representation of the sale. Sellers must not circumvent or manipulate Misi’s fee billing process or manipulate the price of any item. Sellers may charge reasonable fees to cover the costs for packaging and transporting the item(s) but may not seek to avoid the payment of Misi transaction fees by artificially inflating packaging and/or transportation fees. Sellers may not alter the item's price after a sale, misrepresent the item’s location, or use another user’s account without permission.

The Buyer is responsible for paying all agreed costs associated with a purchased item through the Misi site as stated in the invoice. A Buyer must pay the amount due in full within 14 days of purchase. If the purchases are not paid in full, the buyer risks penalties such as the suspension of privileges, negative feedback and/or termination of the account.

Your use of Misi must not:-
-Include the listing of items which are not one of the following
      A) handmade and/or creative by yourself.
      B) A craft supply item.
      C) A vintage item of at least 20 years old.

-include items handmade by a third party. (unless you have prior consent from MISI admin)

-Be false, inaccurate or misleading.

-Involve the sale of counterfeit or stolen items or otherwise infringe upon the copyright, patent, trademark, trade secret or other proprietary or intellectual property rights of third parties or rights of publicity or privacy.

-Be defamatory, trade libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Misi staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device

-Be obscene or contain child pornography or include images which do not form a part of a listing.


You must not:-
-Distribute or post spam, chain letters or pyramid schemes to Misi or other Misi users.

-Modify, adapt or hack Misi or modify another website so as to falsely imply that it is associated with Misi;

-Copy, modify or distribute content from the Misi site including any copyright and trademark registration as may be applicable at the date of such prohibited action.

-Interfere in anyway with any other users listings or transfer your Misi account and identification to another party without both of Misi and the other party’s consent.

-Appear to create liability for Misi or cause Misi to lose (in whole or in part) the services of Misi’s suppliers.

-Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on Misi.

Fail to deliver payment for items purchased by you unless the seller has materially changed the item’s description or there is an obvious typographical error or you cannot authenticate the seller’s identity.

- Post links to your own websites on the product description pages.
- Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms or you cannot authenticate the buyers identity.


Abuse of the Misi host environment

Misi is concerned that the Misi site and services work efficiently and in a safe environment for all users. If you become aware of any misuse including offensive content and policy breaches please e mail us at Misi.co.uk. Furthermore, you may not list any item on Misi (or finalise any transaction that was initiated using Misi’s service) that, by paying to Misi the listing or the transaction value charge, could cause Misi to violate any applicable law, statute, ordinance or regulation, or that violates this Terms and Conditions of use agreement.
If you are trading as a business on Misi, you must comply with all applicable laws relating to online trading. Without limiting any other remedies, Misi may, without notice, and without refunding any fees, delay or immediately remove any listed item or content relating to any listed item, warn Misi’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

-Misi suspects a user has breached this Agreement including disallowed actions or conduct under the “Using Misi” paragraphs contained herein or the Privacy Policy. -Despite our reasonable endeavours Misi is unable to verify or authenticate any of your personal information or Content. -Misi believes that a user is acting inconsistently with the letter or spirit of Misi’s policies. -Misi believes that you may be engaging in improper or fraudulent activity. -Misi believes that your actions may cause legal liability or financial loss to Misi's users or to Misi. We also reserve the right to cancel unconfirmed accounts or those which have been inactive for a long time. You agree not to hold Misi responsible for any loss you may incur as a result of any Misi action as referred to above nor will you hold Misi responsible for other users’ actions or inactions



Fees and Services



Joining and setting up a shop on Misi is free. We do charge a fee for listing an item for sale which will be effective from January 2009, as well as a 3% charge on the transaction price when a transaction is completed.
Changes to the fees for Misi’s services are effective after Misi provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, Misi may choose to temporarily change the fees for Misi's services for promotional events and such changes are effective when Misi posts the temporary promotional event on the Site. Misi may, at Misi's sole discretion, change some or all of Misi's services at any time. In the event Misi introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are payable in British currency.

The seller is responsible for paying all fees associated with using Misi. At the beginning of the month, Misi emails an invoice to each seller detailing the amount due. A seller must pay the amount due in full within 14 days of the date of the invoice. If the seller's account is not paid in full, the seller risks penalties such as the suspension of privileges and/or termination of the account.

Fees and Termination: If Misi terminates your account, if you close your account, or if the payment of your Misi fees cannot be completed for any reason, you remain obligated to pay Misi for all unpaid fees plus any penalties, if applicable. In such circumstances we reserve the right to collect unpaid amounts owed by other collection methods including the retention of collection agencies and legal advisors if and as appropriate. If you have a question or wish to dispute a charge, contact Misi.

Content License and Reposting

When you provide any content to the Misi host environment you grant Misi a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights and all intellectual property rights you may have in the content in any media known now or in the future. In addition, you waive all moral rights you may have in the content to the fullest extent permitted by law. (Misi need those rights to host and display your content). You also agree to allow Misi to store or re-format and display your Content on Misi in any way as Misi chooses..

When posting Content on Misi another website or third party may be able to re-post such Content. You agree to hold Misi harmless for any dispute concerning any such reposting. If you choose to display any image which you have included on the Misi website on another third party website, this image must provide a link back to its listing page on Misi.

Users Information

The Misi website enables users to share certain information in order to complete transactions. As a part of a transaction users may obtain personal information, including email address, user Identification, postal and financial information from another Misi user. You agree that this personal information shall only be used in accordance with applicable laws and regulations (including without limitation, data protection laws) and only for Misi transaction related purposes that are not unsolicitated commercial communications. Misi cannot guarantee that other users will respect the privacy and security policies of your personal information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before choosing to share information with them. Similarly we ask you to respect other users privacy and disclose your privacy and security policies to them. In all cases you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.

Website Access, Interference and Outside sites

Misi cannot guarantee continuous or secure access to website services and the operation of the site may be affected by factors outside of Misi’s control. Neither can we guarantee uninterrupted service and we do not give any promises or warranties about the availability of our services. Misi may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Misi is updated on a real-time basis and is proprietary or is licensed to Misi by Misi's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Misi for any purpose without Misi’s prior express written permission. Additionally, you agree that you will not: Take any action that imposes, or may impose, in Misi’s sole discretion, an unreasonable or disproportionately large load on Misi’s infrastructure Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content or other allowed uses as set out in the these terms and conditions of use) from the Site without the prior expressed written permission of Misi and the appropriate third party, as applicable Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site Bypass Misi’s robot exclusion headers or other measures Misi may use to prevent or restrict access to Misi. Misi is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Misi does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Misi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources

Privacy

Misi agrees not to sell or rent your personal information to third parties for their marketing purposes without your express consent. We use information only as described within the Misi privacy policy. We store and process your information on computers that are protected by security devices and you can access and modify the information you provide us.

UK Tax including VAT

You are responsible for all applicable taxes in respect of the use of the Misi site..

In the UK VAT on sales transactions are subject to fiscal regulation including for example, the sales threshold for whether a seller's business should be registered for VAT, whether a seller is required to charge VAT on sold items, and, if so, how much VAT should be charged on those items.

If VAT is legally due, the seller bears the responsibility of paying that VAT to the tax authorities. If there is any question as to the seller's VAT (or any other tax liability), the seller should consult an independent advisor and/or local tax authority. Users of Misi are not permitted to add VAT to the final item price after the item has been sold. Where applicable VAT must be included in the listed price of the item.



Liability

Misi (including Misi’s officers,directors,agents or employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by Misi out of use of the Misi site. In no event shall Misi (including Misi’s officers, directors, agents or employees) be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of this site, Misi’s services or this Terms of Conditions and Use Agreement including without limitation lost profits, bodily injury, emotional distress or any special incidental or consequential damages. Misi's liability (including as applicable the liability of Misi’s officers, directors, agents, employees and suppliers) to you or to any third parties in any circumstances is limited in any 12 month period to the greater of a) the amount of fees you have paid to Misi for listing and any other services or b) £100.



Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Misi’s service and your listing, purchase, solicitation of offers to purchase, and sale of items including online conduct and acceptable content.

Jurisdiction

This Agreement is governed by and interpreted in accordance with the laws of England and Wales. Misi.co.uk is a domain name owned by Misi Creative Limited registered in England and Wales. Reg No: 6680121