"JAS" Johns Army Surplus Website
TERMS AND CONDITIONS OF ACCESS AND USE
1.Acceptance of the JAS Terms and Conditions
- 1.1 These Terms and Conditions shall apply to your access to and use of the "JAS" Johns Army Surplus Website. By entering and using the "JAS" Johns Army Surplus Website you accept these Terms and Conditions of use in their entirety . If you do not accept these Terms and Conditions you must immediately stop using the "JAS" Johns Army Surplus Website.
1.2 The "JAS" Johns Army Surplus may at any time update or amend these Terms and Conditions and any such updated Terms and Conditions shall apply to your access to and use of the "JAS" Johns Army Surplus Website from the date of their updating or amendment. By accessing and using the "JAS" Johns Army Surplus Website following any such amendment to these Terms and Conditions you will accept the amended Terms and Conditions in theirentirety. It is your responsibility to periodically check the Terms and Conditions for updates and amendments.
2. Ownership and Purpose of the "JAS" Johns Army Surplus Website
- 2.1 The "JAS" Johns Army Surplus Website is a "JAS" Johns Army Surplus, an seller or replica or original army surplus clothing and material, which is owned and operated by the "JAS" Johns Army Surplus . The "JAS" Johns Army Surplus accepts declarations of surplus equipment from Government and other Declarers and arranges for the disposal of such surplus Government and other equipment.
- 2.2 Disposals of surplus Government and other equipment does take place via the "JAS" Johns Army Surplus Website. The "JAS" Johns Army Surplus Website includes advertisements of a selection of the surplus Government and other equipment available from "JAS" Johns Army Surplus. Disposals of surplus Government and other equipment are undertaken independently by the "JAS" Johns Army Surplus Marketing Agreement Contractors, which may utilise their own websites in this process.
2.3 Any link provided from the "JAS" Johns Army Surplus Website to a Declarer’s website or a Marketing Agreement Contractor’s website is provided for convenience only and the "JAS" Johns Army Surplus accepts no responsibility in respect of the contents of any such website or the activities of the Declarer or Marketing Agreement Contractor in conducting its own business.
3. Access to the "JAS" Johns Army Surplus Website
- 3.1 The "JAS" Johns Army Surplus reserves the right at any time for any reason and without notice to amend the contents of the "JAS" Johns Army Surplus Website, to refuse or suspend access to the "JAS" Johns Army Surplus and to cancel or suspend any account or any agreement for the provision of additional authorised activities or additional services in connection with the "JAS" Johns Army Surplus Website.
- 3.2 Access to the "JAS" Johns Army Surplus Website may be suspended or restricted from time to time to enable maintenance or reconstruction of the "JAS" Johns Army Surplus Website to take place or for the addition of new services or facilities to the "JAS" Johns Army Surplus Website.
4. Use of the "JAS" Johns Army Surplus Website
- 4.1 The "JAS" Johns Army Surplus Website may only be used for authorised and lawful activities. The authorised activities will depend upon the rights of access granted to individual entrants to the "JAS" Johns Army Surplus Website.
- 4.2 The authorised activities for users are the standard activities set out in Clause 4.3 below and those of the additional permitted activities set out in Clause 4.4 below which are granted to an individual user on separate application.
- 4.3 The standard activities available to users are identified in the following sub-clauses:
- 4.3.1 accessing and viewing the contents of the public area of the "JAS" Johns Army Surplus Website;
- 4.3.2 communicating with the "JAS" Johns Army Surplus by e-mail to the e-mail address specified on the contactspage, for the purpose of expressing an interest in categories of equipment advertised on the "JAS" Johns Army Surplus Website and for ensuring the user’s contact details are kept up to date;
- 4.3.3 downloading any information made available by the "JAS" Johns Army Surplus for users.
- 4.4 The following additional permitted activities may be individually applied for by users in accordance with the provisions of Clause 4.5 below and will be available to approved users to the extent and on the basis individually granted:
- 4.4.1 receipt of regular newsletters and information updates;
- 4.4.2 participation in on-line tenders;
- 4.4.3 participation in any further electronic services, which may be made available to users by the "JAS" Johns Army Surplus on the terms of Clause 9 below.
- 4.5 Users shall be entitled to apply to undertake any of the additional permitted activities that the "JAS" Johns Army Surplus makes available to users from time to time by completing the appropriate application form and providing all requisite information to the "JAS" Johns Army Surplus . The decision to grant access to any such activity to a user and the period during which such access is granted shall be within the sole discretion of the "JAS" Johns Army Surplus .
- 4.6 You are responsible for all actions undertaken by you on the "JAS" Johns Army Surplus Website and for all electronic communications, including the contents of all such communications, sent to the "JAS" Johns Army Surplus or the "JAS" Johns Army Surplus Website by you.
- 4.7 Your use of the "JAS" Johns Army Surplus Website must not cause damage to the "JAS" Johns Army Surplus Website or prevent or impair access to the "JAS" Johns Army Surplus Website.
- 4.8 The following activities are not permitted in relation to the "JAS" Johns Army Surplus Website and you must not use the"JAS" Johns Army Surplus Website for any such purpose:
- 4.8.1 the violation of any laws or regulations, undertaking any criminal offence or unlawful activity, including fraud or fraudulent activities;
- 4.8.2 the posting, publication, distribution or dissemination of any material, information or communication that is unlawful, harassing, threatening, abusive, defamatory, offensive, indecent, obscene, causes a nuisance, is discriminatory or incites discrimination, hatred or violence;
- 4.8.3 making available or uploading information or files that contain computer viruses, worms, trojans or corrupt data;
- 4.8.4 spreading junk e-mails, spam, chain letters, pyramid schemes or other unsolicited communications;
- 4.8.5 using information or material in such a manner that it infringes copyright, trademark, design right, patent or other intellectual property right or which results in the disclosure of any confidential information;
- 4.8.6 collecting or storing personal information about others, including e-mail addresses or otherwise violating the legal rights of others;
- 4.8.7 using the "JAS" Johns Army Surplus Website in such a manner as to damage, disable, overburden or impair the"JAS" Johns Army Surplus Website or interfere with any other person’s use and enjoyment of it;
4.8.8 impersonate any person or entity for the purposes of misleading others, or attempt to gain unauthorised access to any additional services or to additional permitted activities or to other accounts or areas of the "JAS" Johns Army Surplus Website through hacking, password mining or any other means.
4.9 all items that are bought must be paid for, and all postal charges should also be paid in full before items will be sent. Failure to follow these simply guidelines will mean that JAS can and shall withhold the sending out of parcel(s)/package(s). As well as all monies that have been issued to JAS will be held until to a satisfactory conclusion of transaction has commenced
5. Licence to access "JAS" Johns Army Surplus Website
- 5.1 The "JAS" Johns Army Surplus hereby grants to all users a limited licence to access and view the public area of the DSA eDisposals Website.
- 5.2 The licence granted under Clause 5.1 above permits users to retrieve and display the content from the "JAS" Johns Army Surplus Website on a computer screen, print individual pages on paper (but not photocopy them) but does not permit the downloading or modification of the "JAS" Johns Army Surplus Website, or any part of it, or the contents thereof, the collection of information or the gathering or extraction of data by any means whatsoever, the creation of any database in electronic or manual form, any redistribution of the content or the removal of any copyright or trade-mark notice from any copies permitted under Clause 5.1 above.
5.3 Neither the "JAS" Johns Army Surplus Website nor any part of it shall be reproduced, duplicated, copied, sold or exploited for any purpose by a user.
6. Intellectual Property Rights
- 6.1 The "JAS" Johns Army Surplus Website and the contents of the "JAS" Johns Army Surplus Website are
protected by Crown Copyright unless otherwise stated.
- 6.2 All the intellectual property rights in the "JAS" Johns Army Surplus Website and all software associated
therewith, including all copyright, design right, database rights, trade marks and patents, are the property of and vest in the Crown.
- 6.3 The Trade Marks, service marks and logos (the “Marks”) used and displayed on the "JAS" Johns Army Surplus Website are registered and unregistered Marks of the Crown and other Goverments may not be used in any manner without prior written licence. Nothing in these Terms and Conditions or elsewhere on the "JAS" Johns Army Surplus Website shall be construed as granting, by implication, estoppels, or otherwise any licence or right to use any Mark.
- 6.4 Users shall not frame or use framing techniques to enclose any Trade Mark, logo or other proprietary information contained on the "JAS" Johns Army Surplus Website.
- 6.5 Users shall not use any meta tags or other hidden text to suggest any link or association with the "JAS" Johns Army Surplus Website, unless agreed through written form.
6.6 Users shall observe the ownership of all intellectual property rights and shall immediately notify the "JAS" Johns Army Surplus of any breach or infringement of any such intellectual property rights of which they become aware.
- 7.1 The "JAS" Johns Army Surplus does not permit other organisations to create links to the "JAS" Johns Army Surplus Website unless they have been specifically authorised to do so.
- 7.2 The "JAS" Johns Army Surplus only provides or permits links with organisations with which it has a business relationship.
7.4 Where there are links between the "JAS" Johns Army Surplus Website and the websites of related organisations or Marketing Agreement Contractors these have been established solely for the convenience of potential customers. The existence of a Link should not be taken as the approval or endorsement by the DSA of the contents of any linked website.
8. Tendering and Auctions
- 8.1 In order to participate in on-line tendering and auction processes, users must be registered for such use. An interested party must complete a Tender and/or Auction Registration Form, via ebays paypal payment scheme.
- 8.2 Once you have been successfully registered, the "JAS" Johns Army Surplus will provide you with the ability to buy/purchase for items shown and displayed in the Public area of the "JAS" Johns Army Surplus Website. These Terms and Conditions shall apply to the use of your account.
- 8.3 After you have been registered for on-line tendering processes, you may take part in any on-line tendering processes run by the "JAS" Johns Army Surplus by completing and submitting a Tender Bid Form comprising a sealed bid, which can be viewed by clicking on the icon below or accessing it at www.johnsarmysurplus.co.uk. These Terms and Conditions, together with the Terms and Conditions for On-line Tendering Processes, shall apply to your participation in any on-line tendering processes.
- 8.4 Once you have purchased a item from the "JAS" website we shall add you to the Johns Army Surplus Newsletter, this is a free subscription service allowing you to know whats going on and what items have been added to the "JAS" store. As fore mentioned, this is a free subscription and can be stopped at any time, by using the remove feature on the "JAS" mainpage or by emailing email@example.com and using the wording "Please remove my subscription". The mailing service can be removed or changed with out any prior notice.
- 8.5 All Tender Bids and Auction Bids shall be binding on the user. Once submitted, neither a Tender Bid Form or an Payment Bid Form may be withdrawn unless otherwise agreed by the "JAS" Johns Army Surplus .
9. Further Services
- 9.1 The "JAS" Johns Army Surplus may from time to time introduce or trial the use of certain additional services in connection with the operation of the "JAS" Johns Army Surplus Website, for example, different forms of communications.
9.2 Such additional services shall be available at the discretion of the "JAS" Johns Army Surplus and shall be subject to such terms and conditions as the "JAS" Johns Army Surplus shall in its absolute discretion prescribe.
11. Limitation of Liability
- 11.1 The "JAS" Johns Army Surplus Website is provided on an “as is” basis. The "JAS" Johns Army Surplus does not give any representation or warranty as to the ability of a user to access the "JAS" Johns Army Surplus Website or as to the content thereof, the accuracy, timeliness, completeness or security of any information or material placed thereon or its quality or fitness for any purpose. All implied conditions and warranties are hereby excluded to the extent permitted by law.
- 11.2 The "JAS" Johns Army Surplus shall not be liable for any claims, actions, proceedings, losses, liabilities, costs, expenses (including reasonable legal costs and expenses) or damages, including for any indirect or consequential loss, loss of profits or loss or corruption of data, arising in contract or in tort, including to the extent permitted by law for negligence, breach of statutory duty, or any statement or representation, or otherwise arising by reason of accessing or using or being unable to access or use the "JAS" Johns Army Surplus Website or any information or material displayed on the "JAS" Johns Army Surplus Website.
- 11.3 The "JAS" Johns Army Surplus accepts no responsibility or liability whatsoever for any information or the content of any advertisement on the "JAS" Johns Army Surplus Website nor any responsibility or liability for the content of any material or software accessed by a visitor to the "JAS" Johns Army Surplus Website by following any link to another website. No third party banner advertisements, pop-ups and other virtual advertising are approved by the "JAS" Johns Army Surplus and the "JAS" Johns Army Surplus accepts no responsibility or liability in respect of their display or content.
11.4 Nothing in this Clause 11 shall be interpreted as excluding or limiting the "JAS" Johns Army Surplus ’s liability for death or personal injury arising from the negligence of the "JAS" Johns Army Surplus or for any fraudulent representation or statement.
- 12.1 You agree to indemnify the "JAS" Johns Army Surplus in respect of any and all costs, claims, actions,
proceedings, losses, liabilities, damages and expenses (including all reasonable legal costs and expenses) howsoever incurred, arising out of your use of the "JAS" Johns Army Surplus Website or as a result of the breach by you of these Terms and Conditions, including any claim brought by any third party against the "JAS" Johns Army Surplus arising out of your use of the "JAS" Johns Army Surplus Website or your breach of these Terms and Conditions.
13. International Use
- 13.1 The "JAS" Johns Army Surplus Website has been compiled to comply with the laws of England and Wales and is intended for the use of persons resident in the United Kingdom.
- 13.2 Any person accessing the "JAS" Johns Army Surplus Website must comply with all applicable laws concerning the transmission and/or export of technical data from the United Kingdom.
- 13.3 Any person accessing the "JAS" Johns Army Surplus Website from outside the United Kingdom must observe all local laws and rules in relation to access to and use of the Internet and all other relevant local laws.
14. Governing Law and Jurisdiction
- 14.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and all actions undertaken on the "JAS" Johns Army Surplus Website are subject to the laws of England and Wales.
- 14.2 Any dispute in relation to these Terms and Conditions or any action undertaken on the "JAS" Johns Army Surplus Website shall be subject to the exclusive jurisdiction of the courts of England and Wales.
- 15.1 If any of these Terms and Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of any such provision shall not affect the continued validity and enforceability of all the other Terms and Conditions.
- 15.2 Any delay or failure on the part of the "JAS" Johns Army Surplus to exercise any right of action for any breach of these Terms and Conditions shall not be deemed to be a waiver of any such breach.
- 15.3 The waiver of any breach of these Terms and Conditions shall not be construed as a waiver of any succeeding breach of the same or any other provision.
16. Communication and Notices
- 16.1 The "JAS" Johns Army Surplus may be contacted at the postal address, e-mail address and telephone number set out on the contacts page of the "JAS" Johns Army Surplus Website.
- 16.2 Any notice to be given to the "JAS" Johns Army Surplus pursuant to these Terms and Conditions shall be sufficiently given if sent to the postal address of the "JAS" Johns Army Surplus as set out on the contacts page of the "JAS" Johns Army Surplus Website.
Pay Pal Seller Protection Policy
This Policy was last modified on 25 June 2005.
- Purpose and operation. PayPal’s Seller Protection Policy is designed to protect sellers against claims by buyers of unauthorised payments and against claims of non-receipt of any merchandise. In order to be covered by the Seller Protection Policy, sellers must fall within the risk reducing conditions specified in paragraph 3 (Policy Conditions) below.
When a seller receives funds through PayPal, if the buyer files an unauthorised transaction claim or a claim under PayPal’s consumer protection programmes (a “Buyer Claim”), or if the buyer reverses a payment transaction with their debit or credit card issuer (for example, by filing a chargeback), a “Temporary Hold” will be placed on the funds. If the transaction qualifies for protection under the Seller Protection Policy, the temporary hold will be lifted from those funds. Depending on the amount credited to a seller’s PayPal account at the time the “Temporary Hold” is put in place, it may result in the seller owing an amount to PayPal while the payment transaction is investigated.
If the transaction does not qualify under the Seller Protection Policy, PayPal will review the Buyer Claim, including all information provided by the seller, and make a determination. In the case of a reversal/chargeback, PayPal will determine whether the reversal/chargeback can be disputed with the card-issuing bank. If PayPal disputes the reversal/chargeback, the “Temporary Hold” will continue until the dispute is decided by the applicable card company.
If the seller loses a Buyer Claim or a reversal/chargeback dispute and does not qualify for the Seller Protection Policy, the seller will owe PayPal for the amount of the reversed transaction. In the case of a reversal/chargeback, sellers who do not meet the requirements of the Seller Protection Policy will also owe a£7.00 GBP reversal/chargeback fee. PayPal will seek to recover the funds from sellers by debiting their PayPal balance. If there are not sufficient funds in the seller’s PayPal balance, sellers have a choice of reimbursing PayPal by funding their PayPal account or by other means as described in the Payments (Sending, Receiving, and Withdrawals) Policy.
If a reversal/chargeback dispute is won, the “Temporary Hold” will be lifted and the seller will be free to use those funds, but the seller will be charged the £7.00 GBP chargeback fee if the transaction does not qualify for Seller Protection.
- Coverage (amount and exclusions).
- Amount: Seller Protection Policy covers up to £3,250.00 GBP per year.
- Exclusions: Seller Protection Policy does not cover:
- Intangible goods, such as services and sales or licenses of digital content. Only the sale of physical goods is covered.
- Claims for receipt of goods “not as described”: Reversals/chargebacks arising from claims that goods are received but "not as described." To reduce your risk of "not-as-described" claims, PayPal recommends describing your item in a clear, detailed manner and including pictures of it in your offer for sale.
- Total reversals over the annual limit: Once the £3,250.00 GBP annual limit has been reached (or the equivalent amount in the relevant currency below), the seller may be liable for additional reversals/chargebacks. At PayPal’s sole discretion, select sellers may qualify to receive additional coverage above the annual limit.
- Policy Conditions. All of the following conditions must be met for a transaction to qualify for the Seller Protection Policy.
- Account Conditions:
- The seller has a Verified Business or Premier Account.
- Payment Conditions:
- The transaction is between any US, UK or Canadian buyer and any qualifying US, UK or CA seller. Please note that while sellers outside of the US, U.K. and Canada may meet the other conditions of the Seller Protection Policy, they do not qualify at this time.
- The payment is listed as "Seller Protection Policy Eligible" on the Transaction Details page. Sellers are encouraged to review the Transaction Details page to see whether their payment transaction is “Seller Protection Eligible” before fully completing their commercial transactions. To see the Transaction Details for a payment, log in to your PayPal account and click the History within My Account, then click the Details link next to the transaction in question. If a transaction is not listed as "Seller Protection Policy Eligible" it will not be covered under the Seller Protection Policy.
- The seller accepted a single payment from one PayPal account for the purchase. Please note: There is a greater risk of fraud when multiple payments from different PayPal accounts are used to pay for a single item.
- The seller does not charge a surcharge for accepting PayPal payments. Sellers should not charge buyers any additional fee (or “surcharge”) if the buyer chooses PayPal as the method of payment.
- Buyer Address Conditions
- The seller posts the item to the address listed on the Transaction Details page. If a transaction is listed as “Seller Protection Policy Eligible” on the Transaction Details page (see 4.c above) this means that the buyer has registered a “Confirmed Address” with PayPal and sellers can post to the address on the Transaction Details page, regardless of whether the address appearing on the Transaction Details page for that particular transaction is “confirmed” or not.
- Confirmed Addresses. Posting to a confirmed address reduces the risk of fraud and should be considered by the seller even if a transaction is not eligible for the Seller Protection Policy.
A Confirmed Address is either the address at which the buyer receives their bank or credit card statements, or an address of the buyer which PayPal has confirmed outside of the credit card system .
- Posting and Posting Documentation Conditions
- The seller posts the item(s) to the buyer within 7 days of receiving payment.
- The seller provides reasonable proof of postage from an independent shipper. The posted goods must be trackable online. Proof of postage should show that the address to which the item has been posted corresponds to the address on the Transaction Details page (see 3. c. i. above). If a reversal occurs, you will need to provide PayPal with the name of your chosen postal company and the online reference number. For your convenience, PayPal provides a list of popular and currently approved services offering proof of posting.
- For transactions equal to £150.00 GBP or more in value, the seller needs to provide proof of receipt (signed, or otherwise acknowledged, by the buyer) in addition to postage and tracking information.The equivalent transaction amount in non-GBP currencies at which the seller must provide online proof of receipt by the buyer is as follows:
- $250.00 USD
- $325.00 CAD
- €200.00 EUR
- £150.00 GBP
- ¥28,000 JPY
- $350.00 AUD
- Seller Response Conditions
The seller cooperates in resolving disputes by responding in a timely manner. If PayPal contacts the seller with regard to a Buyer Claim or chargeback, the seller needs to provide the requested information to PayPal within seven days. In some cases, PayPal is required by the credit card association to respond in less than seven days. In these cases, PayPal requests the seller provide the requested information within three days. PayPal will indicate the response time required in an email to the seller upon receipt of a Buyer Claim or reversal/chargeback.