Terms and Conditions

This page (together with our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy) tells you information about us and the legal terms and conditions (together the Terms) subject to which you can use our website (Site) and any products and/or services provided by us from time to time (Services). Please take the time to read through these carefully and make sure that you understand them before continuing to use our Site.

On accessing our Site on this and on every subsequent occasion you will be deemed to have accepted the Terms. We reserve the right to alter the Terms at any time as set out in clause 10 and will use reasonable endeavours to notify you of any changes by posting these on our Site. Your use of our Site after these changes are posted on-line shall constitute acceptance of the new terms and conditions as amended.

Before registering on our Site or subscribing for any Services, you will be asked to agree to our Terms. If you do not agree, you must stop using our Site and/or any Services immediately.
We are XSTrade Limited, a company registered in England and Wales under company number 09221908 whose registered office is situate at 36 Strafford Gate, Potters Bar, United Kingdom EN6 1PN. We operate the Site. 
Your use of our Site is governed by our Terms of Website Use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.

3.1 We shall provide the Services subject to the provisions of the Terms.
3.2 Once you have subscribed to a paid Service with us, your paid Service will be provided to you on a monthly rolling basis, beginning from the date of subscription.
3.3 If you are a Consumer subscribing for a paid Service and the Consumer Contracts Regulations 2013 apply, you shall have a period of 14 days from the date of subscription within which to cancel the paid Service if you change your mind.  This right of cancellation shall be lost as soon as you agree to the paid Service being provided to you within this 14 day period.
3.4 If you wish to end your paid Service, you may do so by selecting and completing the option in your user area at any time before the next monthly anniversary of your subscription date, the paid Service to end on such monthly anniversary.   
3.5 For the avoidance of doubt, no refund will be payable for any monthly period in which the paid Service has been provided, regardless of whether you have made use of the paid Services during that time.

4. FEE
4.1 The fees for any paid Services will be as quoted on our Site from time to time (Fees).  The Fees exclude VAT and/or any other applicable taxes or levy, which, if applicable, shall be charged in addition at the rate in force in the UK on the date any payment is due.
4.2 The Fees are due and payable monthly in advance when you subscribe for the relevant paid Service.  The Fees may change, but these changes will not affect any Service you have paid for until the expiry of one month from the relevant payment.

You can only pay for Services through the payment service provider on our Site. Please take the time to read our payment service provider’s terms and conditions, as it includes important terms which apply to you.
6.1 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
6.2 To the extent permitted by law, we exclude all conditions, warranties, representations, guarantees or other terms which may apply to our site or any content on it, whether express or implied.   In particular, we will not be responsible for ensuring that the Site or any Services are suitable for any purpose or that any particular result or objective shall be achieved.  In particular, we give no conditions, warranties, representations or guarantees, express or implied, as to:
(a) the completeness or accuracy of any content contained on our Site or any website to which it is linked;
(b) the content of any advertisements included in our database, including but not limited to the ownership, quality, authenticity of any photographs, compliance with description or fitness for purpose of any such goods;
(c) the completeness of the results of any search of our database or that the goods selected by the search are the only goods on our database which might meet the searcher's requirements.
6.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, our Site;
(b) loss or corruption of date, information or software;
(c) use of or reliance on any content displayed on our Site;
(d) any indirect or consequential loss or damage;
(a) loss of profits, sales, business, contracts, income or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation; or
(e) wasted management or office time.
6.4 Our Site publishes advertisements placed by third parties to advertise their trade materials and contains information submitted and created by private and trade dealers and other third parties. We exclude all liability for any illegality arising from or in respect of any error, omission or inaccuracy in such information. We do not own the trade materials advertised for sale on our Site and have no liability for these or for any losses that you may incur as a result of purchasing trade materials advertised by third parties or otherwise. If you choose to purchase trade materials advertised for sale by third parties on our Site, you do so of your own accord and any agreement will be between you and the third party advertiser and not with us. 
6.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
6.6 We will need to carry out routine maintenance and servicing of our servers and equipment from time to time. While we will seek to keep disruption to a minimum we cannot guarantee that our site will be continuously available on-line. We therefore provide our site on an "as is" and "as available" basis.
6.7 You acknowledge that software and internet-based services are not error-free and uninterrupted and agree that the existence of such errors and interruptions shall not constitute a breach of these terms. We shall not be responsible for any technical malfunction of any communications network or any late, lost, incorrectly submitted, delayed, ineligible, incomplete, corrupted or misdirected order or communication whether due to error, transmission interruption or otherwise.  Where our site requires maintenance and upgrading as deemed necessary by us in our sole discretion, we shall have no liability whatsoever for a situation where any products and/or services become inaccessible to you during such period of maintenance and upgrading. 
6.8 We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
6.9 We assume no responsibility for any payment service provider. We will not be liable for any loss or damage that may arise from your use of them.
6.10 Subject to clause 9.1, our total liability to you in respect of all losses arising under or in connection with our Site or any Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Fees paid by you and received by us for the Services in question.

We may terminate or suspend your use of our Site in accordance with our Terms of Website Use and Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms caused by matters beyond our reasonable control. 

9.1 All personal information supplied by you as part of the registration process will be protected and used in accordance with the terms of our Privacy Policy.  Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
9.2 You must not in any circumstances use the information provided by private advertisers to contact such advertisers other than in connection with a genuine enquiry relating to the intended purchase by you of their advertised trade materials.

10.1 Every time you use our Site or any Services, the Terms in force at the time will apply.  We may revise these Terms as they apply to you from time to time to reflect the following circumstances:
(a) changes in relevant laws and regulatory requirements;
(b) changes to our Site;
(c) changes to any Services; and/or
(d) changes to any Fees.
10.2 If we have to revise these Terms as they apply to you, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Services if you are not happy with the changes. You may cancel either in respect of all the Services or just the Services you have yet to receive. If you opt to cancel, we will arrange a full refund of the Fee you have paid for any Services you have yet to receive.

When we refer, in these Terms, to "in writing", this will include e-mail.  Please refer to the contact information on our Site for our email address.  If any such notice or other information is given by means of email, then notice shall be deemed to have been received on the same day, provided it is sent within normal working hours or if sent outside normal working hours on the next working day.

12.1 We may transfer our rights and obligations to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
12.2 This agreement is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
12.3 Each of the paragraphs of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
12.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.5 Any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).