WHO WE ARE AND WHAT THESE TERMS DO

We, BUYABEAM LIMITED, a company incorporated under the laws of England and Wales with company number 12158075 and registered office address at Unit 3a Lucas Green, West End, Woking, Surrey, United Kingdom, GU24 9YB, operate the Site and license you to use it as permitted in these Terms.

We will charge you for access to the marketplace available via the Site in accordance with our commission rate which amounts to 10% at the date of these Terms (unless otherwise agreed by us in writing) and as may be varied by us in accordance with clause 3.2 below (the “Charges”), which shall be applied to the net payment (less any value added tax or other sales tax, any expenses incurred by you and any discounts or rebates granted by you) to be received by you under each of the following contracts:

(each a “Contract”).

You shall promptly, after entering into any Contract as described in clause 3.1.2 and clause 3.1.3 above, notify us in writing of the following:

whereupon we shall invoice you for our Charges in respect of such Contract.

All amounts payable under these Terms:

If you do not make any payment to us by the due date, without prejudice to any other rights or remedies available to us, we may:

HOW YOU MAY USE THE SITE

In return for your agreeing to comply with these Terms you may access the Site via a desktop computer, laptop computer, mobile telephone or handheld device and use it for the sole purpose of listing and selling the Products.

YOU MUST BE 18 TO ACCEPT THESE TERMS AND USE THE SITE

You must be 18 or over to accept these Terms and use the Site.

OUR SITE IS ONLY FOR USERS IN ENGLAND

Our Site is directed to people residing in England. We do not represent that our Site is appropriate for use or available in other locations.

YOU MAY NOT TRANSFER THE RIGHT TO USE THE SITE OR YOUR ACCOUNT DETAILS TO SOMEONE ELSE

We are giving you personally the right to use the Site as set out in clause 6 above but you may not transfer this right or your account details to someone else, whether for money, for anything else or for free. If you sell any device on which the Site is used, you must remove your account details from it.

IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING

If you access or use the Site on any computer, phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the computer, phone or other device.

RESTRICTIONS

You agree that you will:

Not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Site or the technology used or supported by the Site nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Site to obtain the information necessary to create an independent program that can be operated with the Site or with another program (the “Permitted Objective”), and provided that the information obtained by you during such activities:

ACCEPTABLE USE RESTRICTIONS

You must:

Subject to clause 19.2, we exclude and limit our liability to you as follows:

Without affecting any other right or remedy available to us, we may end your rights to use the Site in the following circumstances by giving you 30 days’ notice (unless otherwise required by law or if you have repeatedly breached our Terms):

If your rights to use the Site are ended:

WE MAY TRANSFER OUR CONTRACT WITH YOU TO SOMEONE ELSE

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

NO RIGHTS FOR THIRD PARTIES

These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of them.

IF A COURT FINDS PART OF THE CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE

Each of the clauses and sub-clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses and sub- clauses will remain in full force and effect.

EVEN IF WE DELAY IN ENFORCING THE CONTRACT, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing our contract with you, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

WHICH LAWS APPLY TO THE CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

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 English law and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim.