Terms of use on www.nigelpearcey.com, a website owned and operated by 2wowu Books Inc
Please note that all terms, including rules and regulations, are applied under the business name of NJP Business Trademark.
Introduction
Welcome to https://www.nigelpearcey.com
By accessing www.nigelpearcey.com and its related websites, services, applications, or tools (Collectively referred to as (“NJP Business), you agree to ensure that NJP Business works for everyone. NJP Business is provided to you by 2WOWU BOOKS, 5 Herbert Close, West Haddon, Northamptonshire, United Kingdom, NN6 7DF, registered in England and Wales.
These Terms of Use constitute a legally binding agreement between you, NJP Business, and 2WOWU BOOKS. They are effective as of 25 October 2023 for current users and upon acceptance for new users. You accept these Terms of Use by clicking the “Create Account” button when registering an NJP BUSINESS account and accessing NJP BUSINESS, including posting an ad or, as otherwise indicated, on NJP BUSINESS.
Using NJP BUSINESS
As a condition of your use of NJP BUSINESS, you agree that you will not:
violate any laws;
violate the Policies;
post any threatening, abusive, defamatory, obscene or indecent material;
post or otherwise communicate any false or misleading material or message of any kind;
infringe any third-party right;
distribute spam, chain letters, or promote pyramid schemes;
distribute viruses or any other technologies that may harm NJP BUSINESS or the interests or property of NJP BUSINESS users;
impose or contribute to setting an unreasonable load on our infrastructure or interfere with the proper working of NJP BUSINESS;
copy, modify, or distribute any other person’s content without their consent;
use any robot spider, scraper or other automated means to access NJP BUSINESS and collect content for any purpose without our express written permission;
harvest or otherwise collect information about others, including email addresses, without their consent;
copy, modify or distribute rights or content from NJP BUSINESS or NJP BUSINESS’s copyrights and trademarks;
harvest or otherwise collect information about users, including email addresses, without their consent;
bypass measures used to prevent or restrict access to NJP BUSINESS;
use any tool that interferes with the normal functioning of NJP BUSINESS, including, without limitation, browser plug-ins (including, but not limited to, FreeTheTree), extensions, or other software which are designed to supplement, remove or otherwise change any of NJP BUSINESS’s functionalities; or
sell any counterfeit items or otherwise infringe third parties’ copyright, trademark or other rights.
You are solely responsible for all information you submit to NJP BUSINESS and any consequences resulting from your post. We reserve the right to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right to restrict a user’s usage of NJP BUSINESS either temporarily or permanently or refuse a user’s registration. If we believe that you are breaching these Terms of Use in any way and behaving suspiciously on NJP BUSINESS, we may, at our discretion, inform other NJP BUSINESS users who have been in contact with you and recommend that they exercise caution.
Abusing NJP BUSINESS
NJP BUSINESS and the NJP BUSINESS community work together to keep NJP BUSINESS working correctly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.
Without limiting other remedies, we may issue warnings, modify or terminate our service, remove hosted content and take technical and legal steps to keep users off NJP BUSINESS if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the NJP BUSINESS employees or other users). However, whether we decide to take any of these steps, remove hosted content, or keep a user off NJP BUSINESS, we are not obligated to monitor the information transmitted or stored on NJP BUSINESS. We do not accept any liability for unauthorised or unlawful content on NJP BUSINESS or the use of NJP BUSINESS by users.
Global Marketplace
Some of NJP BUSINESS’s features may display your ad on other sites, services, applications or tools (together a “Platform”) that are part of the NJP BUSINESS community or on third-party Platforms, including social media channels. Using NJP BUSINESS, you agree that your ads can be displayed on these other platforms and media channels. You may be subject to additional laws or restrictions in the countries where your ad is posted. When your ad is posted on another Platform, you may be responsible for ensuring that it does not violate such other platforms’ policies. We may remove your ad if it is reported on NJP BUSINESS or any third-party Platform or if we believe it causes problems or violates any law or policy.
Fees and Services
NJP BUSINESS is generally free, but we sometimes charge a fee for certain services. If your service incurs a payment, you can review and accept terms that will be disclosed when you post your ad. Our prices are quoted in USD, and we may change them occasionally. We’ll notify you of changes to our fee policy by posting such changes on NJP BUSINESS. We may temporarily change our fees for promotional events or new services; these changes are effective when we announce the event or new service.
You are responsible for paying the NJP BUSINESS fees when they’re due. If you don’t, without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law; 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 acknowledge that your ads may be deleted from NJP BUSINESS if we believe these Terms of Use, including our Posting Rules, are breached directly or indirectly. If you have paid a fee for the display of such an ad, you may be entitled to a refund for such payment. However, we reserve the right not to refund NJP BUSINESS users for any fees paid through the use of NJP BUSINESS in the following cases:
If you breach, in our opinion, these Terms of Use, which include, without limitation, the Policies;
If your ads went live with exposure on the NJP BUSINESS sites, services, applications or tools, even for a limited time, and they benefited from the service associated with the paid fee,
If your ads are placed in the Pets or Massage categories of NJP BUSINESS,
If your ads are placed into “edit” mode and will go live on-site once updated by you,
If you have removed your ads yourself,
If you post duplicate ads as defined in our rules regarding the same ads,
If we believe that your ads are in a significantly wrong category,
Please note that the above list is not exhaustive. See the NJP BUSINESS Refunds Help Page for more details on the cases in which you may or may not be entitled to a refund of such fees.
In addition to the NJP BUSINESS services, ancillary goods or services such as insurance or car finance may be advertised on NJP BUSINESS. Although users may offer financial products in their ads, NJP BUSINESS is not involved in or liable for any loss related to such transactions.
Display and placement of user ads
We strive to create a community where users can find what they want. Therefore, the appearance or placement of ads in search and browse results will depend on a variety of factors, including, but not limited to:
users’ location and search query/category selected;
adverts’ type, content, place and date published; and
if the ad has a paid-for promotion (see our Payment & Promotions Help page for more information)
Content
NJP BUSINESS contains content from us, you, and other users. Copyright laws and international treaties protect NJP BUSINESS. The content displayed on or via NJP BUSINESS is saved as a collective work and compilation under copyright laws and international conventions. You agree not to copy, distribute or modify content from NJP BUSINESS without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in NJP BUSINESS. Without limiting the preceding, you agree not to reproduce, copy, sell, resell, or exploit any aspect of NJP BUSINESS (other than your content) for any purpose. When you give us range, you grant us and represent that you have the right to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future including, without limitation, on any third party Platforms and media channels. In particular, by giving us content, you grant us the right to display such content on Platforms that are part of the NJP BUSINESS corporate group and on other online marketplaces, social media channels, blogs, in all types of marketing communications and on all other Platforms. In addition, you waive all moral rights in the content to the fullest extent permitted by law.
NJP BUSINESS may, sometimes, use third-party data suppliers to supplement the information you have provided in an ad. This could include descriptions, product specifications and other content. You may use such information solely in connection with your NJP BUSINESS ad while your ad is on NJP BUSINESS. The information provided may be subject to copyright, trademark or other protections. You agree not to remove any such protected information or create derivative works based on the content (other than by including them in your ads). This permission is subject to modification or revocation at any time at NJP BUSINESS’s sole discretion.
You may be unable to review the supplemental data before posting an ad. NJP BUSINESS is not responsible for the accuracy of any additional data supplied by third-party suppliers. You continue to be responsible for ensuring that your ads are accurate, do not include misleading information and fully comply with these Terms of Use and all NJP BUSINESS policies. Please contact us if you notice inaccuracies in this data after your ad appears on the site.
Infringement
Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that violates intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). Private individuals offer many products of all sorts on NJP BUSINESS. Entitled parties, in particular owners of copyright, trademark rights or other rights, can report any advertisement which may infringe on their rights and submit a request for such advertising to be removed. If a legal representative of the entitled party says this to us correctly, NJP BUSINESS will remove products infringing on intellectual property rights.
Reporting an infringement:
To participate in the Notice of Infringement Programme, you only need to complete a Notice of Infringement Form and email it to NJP BUSINESS at controller@nigelpearcey.com. You can use this form with your signature to report advertisements that may infringe on your property rights. The information requested in the Notice of Infringement Form ensures that the parties reporting these objects are either the entitled party or their officially authorised representative. This information must also enable NJP BUSINESS to identify the advertisement that needs to be removed. Once we have received your correctly completed Notice of Infringement Form, you can send later reports to NJP BUSINESS via the email address provided.
Note: This form can only be used by the lawful owners of the relevant intellectual property rights. The “Notice of Infringement” is intended to enable rights owners to ensure that products offered by NJP BUSINESS users do not infringe their copyright, trademark rights or other intellectual property rights. Visitors and advertisers can get help with all other questions using NJP BUSINESS Help.
Liability
Nothing in these terms shall limit our liability for fraudulent misrepresentation, 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 NJP BUSINESS 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 of any description 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?
You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will make reasonable efforts to maintain uninterrupted service, we cannot guarantee this. We do not give any promises or warranties (express or implied) about the operation and availability of our sites, services, applications or tools.
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, or inability to use, NJP BUSINESS, 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 paid to us in the 12 months before the action giving rise to liability, and (b) 100 Pounds Sterling.
Release
Suppose you have a dispute with one or more NJP BUSINESS users. In that case, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
Third-party rights
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any Terms of Use, but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.
Data Protection and Privacy
By using NJP BUSINESS, you agree to the collection, transfer, storage and use of your personal information by NJP BUSINESS on servers located in the United Kingdom, Netherlands, United States and China as further described in our Privacy Notice.
You and NJP BUSINESS shall process personal data received under and in connection with these Terms of Use as a separate and independent controller. In no event will NJP BUSINESS and you process personal data under and in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection law.
You shall comply with your obligations under applicable data protection law (including but not limited to the Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”)) and supplement EU and local data protection law. This includes, but is not limited to, the obligation to provide appropriate safeguards for transferring personal data to a third country or an international organisation. You shall process personal data from NJP BUSINESS exclusively for the purpose(s) you received the personal data under and in connection with these Terms of Use. You shall erase the personal data received under these Terms of Use immediately after the respective purpose(s) has/have been fulfilled. Any further processing of personal data is not permitted except when legally required (e.g. if a retention obligation applies).
Failure to abide by the obligations above may result in disciplinary action up to and including account suspension.
NJP BUSINESS has access to various information about users, including personal data, as part of the services. This includes information that users submit to NJP BUSINESS as part of the services (such as contact information or item descriptions) and information generated by the provision and processing of the services (such as ratings, sales analysis, or communication).
Via NJP BUSINESS.com and its related websites, services, applications or tools, you receive information which is necessary for the processing of transactions (in particular, the contact information of the other user involved in a trade) as well as aggregated information on the performance and analysis of your ads, which are partly related to the data of other users of the services (such as number of impressions of an ad, conversion rate or return rate).
NJP BUSINESS only shares information about users with third parties if necessary to provide the services or if NJP BUSINESS is legally or contractually entitled to do so.
Upon the expiry of these Terms of Use, we will delete the information you provided, or that was generated through your use of the services from your NJP BUSINESS account. Regardless, we maintain this information after the expiry of these Terms of Use if we are legally obliged or have a legitimate interest in doing so. We will generally keep aggregated data generated using the services (e.g. statistics about ads in a category) upon expiry of these Terms of Use.
Please see our Privacy Notice for information regarding NJP BUSINESS’s processing of personal data, including sharing such data with third parties and your rights as a data subject.
Resolution of disputes
If a dispute arises between you and NJP BUSINESS, we strongly encourage you to contact us directly to seek a resolution by going to the NJP BUSINESS Help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
General
These terms and the other policies posted on NJP BUSINESS constitute the Agreement between NJP BUSINESS and you, superseding any prior agreements. This Agreement does not intend to create any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship.
This Agreement shall be governed and construed in all respects by the laws of England and Wales. You agree that the courts of England and Wales must resolve any claim or dispute you may have against NJP BUSINESS.com Limited. You and NJP BUSINESS both agree to submit to the non-exclusive jurisdiction of the English Courts; for claims falling within the jurisdiction of a County Court, you and NJP BUSINESS both agree to submit to the jurisdiction of the County Court of Northampton.
We are not waiving our right to do so later if we don’t enforce any particular provision. The remaining terms will survive if a court strikes down any of these terms. We may automatically assign this Agreement at our sole discretion using the notice provision below.
Except for notices relating to illegal or infringing content, your information to us must be sent by registered mail to NJP BUSINESS.com Limited, 27 Old Gloucester Street, London, WC1N 3AX, United Kingdom. We will send notices to you via the email address you provide or by registered mail. Messages sent by registered mail will be deemed received five days after mailing.
We may update this Agreement at any time, with updates taking effect when you next post or 30 days after we post the revised policy on the NJP BUSINESS website, whichever is sooner. No other amendment to this Agreement will be effective unless made in writing and signed by us and the users.
For any help with using NJP BUSINESS, please see the NJP BUSINESS Help page.
Mobile Devices Terms
If you access NJP BUSINESS Services from a mobile device using an NJP BUSINESS Mobile Application (the “Application”), the following terms and conditions (“Terms of Use”) apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your Agreement to these Terms of Use.
Application Use. NJP BUSINESS grants you the right to use the Application only for personal use. You must comply with all applicable laws and third-party terms of the Agreement when using the Application (e.g. your wireless data service agreement). The Application may not have the same functionality as the one on the www.nigelpearcey.com website. Your download and use of the Application is at your discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application.
Intellectual Property – Applications. NJP BUSINESS owns, or is the licensee to, all rights, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any other proprietary rights, including all applications, renewals, extensions, and restorations. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application. You will not remove, obscure, or alter NJP BUSINESS’s copyright notice, trademarks, or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any NJP BUSINESS Application.
Prohibited Countries Policy and Foreign Trade Regulation – Applications. NJP BUSINESS Applications or their underlying technology may not be downloaded, exported, or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department’s list of Specially Designated Nationals or the US Commerce Department’s Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws. When using a Kijiji Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a US Government embargo, or the US Government has designated that as a “terrorist supporting” country, and you are not listed on any US Government list of prohibited or restricted parties).
Additional Terms. Additional terms and conditions that apply to you based on the mobile device the Application is installed on:
iOS – Apple
These Terms of Use are an agreement between you and NJP BUSINESS, not with Apple. Apple is not responsible for the Application and its content.
NJP BUSINESS grants you the right to use the Application only on an iOS product you own or control and as permitted by the Usage Rules in the App Store Terms of Service.
Apple is not obligated to furnish any maintenance and support services concerning the Application.
Apple is not responsible for investigating, defending, settling, and discharging any third party intellectual property infringement claim.
Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and use of the Application, including but not limited to (a) product liability claims, (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if appropriate, for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever concerning the Application.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use, and upon your acceptance, Apple, as a third-party beneficiary thereof, will have the right (and will be deemed to have accepted the request) to enforce these Terms of Use against you.
Windows – Microsoft
These Terms of Use are an agreement between you and NJP BUSINESS, not Microsoft. Microsoft’s terms of use and privacy policies and, where applicable, the network operators that provide billing services for the Windows Phone Marketplace do not apply to your application use.
You may install and use one (1) copy of the Application on up to five (5) devices you own or control and are affiliated with the Windows Live ID associated with your Windows Marketplace account. You may not install or use a copy of the Application on a device you do not own or control.
Microsoft, your device manufacturer, and (if applicable) your wireless carrier are not responsible for providing support services for the Application.
Microsoft, the wireless carriers over whose network the Application is distributed (if applicable), and each of their respective affiliates and suppliers (collectively, “Disclaiming Distributors”) give no express warranty, guarantee, or conditions under or about the Application. To the extent permitted under your local laws, the Disclaiming Distributors exclude implied warranties or conditions, including merchantability, fitness for a particular purpose, and non-infringement.
You, not the Disclaiming Distributors, bear the risk of using the Application (even if the Disclaiming Distributors have been advised of the possibility of damages to you). You may have additional consumer rights under local laws, which these Terms of Use cannot change.
To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from any Disclaiming Distributor.