Terms and Conditions & Policies

Terms & Conditions

Terms & Conditions for Sellers


PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY

These terms and conditions and the Seller's Code of Conduct (collectively, these "Conditions") constitute an agreement between ClearNeeds Limited (trading as Comcero) ("Comcero") and you, the seller, and shall govern how you use the services available from the domain and sub-domains (if any) of www.comcero.com (the "Website").

By using the services on the Website as a seller, you agree to abide by these Conditions.

1.   About Comcero.com

The Website is a site operated by ClearNeeds Limited. ClearNeeds Limited is registered in England and Wales under company number 6427574 and has its registered office at Wyndham House, Sunning Avenue, Ascot, Berkshire SL5 9PW. ClearNeeds Limited's VAT number is 921998094.

2.   Access to Comcero.com

2.1   Access to the Website is permitted on a temporary basis and Comcero reserves the right to withdraw, amend, suspend or discontinue the Website, the services (or any aspect of the services) on the Website at any time and without any notice.

2.2   You may not use the services on the Website if you are under the age of 18 or if you are unable to form legally binding contracts.

2.3   In the event that your registration to be a seller is suspended or terminated by Comcero, you may not use the Website or any of the services provided by it.

2.4   Comcero reserves the right to cancel accounts that have been inactive for more than 12 months.

3.   Seller Obligations

3.1   You undertake to adhere to these Conditions, which may be updated from time to time.

3.2   You agree that you will:

(a)   not post or send false, misleading, defamatory, libellous or inaccurate content (including personal information) through or on the Website;

(b)   not take any action, or cause others to take action, that may undermine the feedback or ratings system on the Website which shall include importing or exporting feedback and ratings information to websites other than the Website or using such data for purposes unrelated to Comcero;

(c)   not use the tools and services on the Website to send spam or otherwise send content that would breach these Conditions;

(d)   be responsible for compliance with all applicable laws, rules and regulations, if any, related to (i) your performance of your obligations to the buyers; and (ii) your conduct whilst using the Website.

3.3   You represent and warrant that you have the authority to enter into legally binding contracts or, if you have registered with the Website as a business entity, you represent that you have the authority to bind that entity.

3.4   You agree to immediately notify Comcero if you suspect or are aware of actual or possible abuses of any of the services offered by the Website.

4.   Information about other Comcero Users

4.1   You acknowledge that use of the services on the Website requires users to share personal information in order to complete transactions and that you, as a seller, may obtain access to buyers' names, user IDs, email addresses and other contact information, postal addresses and financial information ("Personal Information").

4.2   Comcero shall not be responsible for your use of such Personal Information and you agree that you shall only use the Personal Information:

(a)   in accordance with applicable laws and regulations (including, without limitation, all applicable data protection laws);

(b)   for purposes related to transactions facilitated by the Website and that are not unsolicited emails;

(c)   for use of the services offered through the Website; and

(d)   any other purposes to which a buyer expressly consents.

5.   Disputes with Buyers

5.1   If you have a dispute with a buyer in relation to, or arising out of, the services provided by you to the buyer through the Website, you may use the dispute resolution procedure offered by the Website.

5.2   Should you choose to use the dispute resolution procedure offered by the Website, you acknowledge that Comcero is merely acting as a mediator in all such disputes.

5.3   You shall hold Comcero harmless and shall release Comcero (and its officers, directors, employees, agents and sub-contractors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in connection with any disputes with buyers.

6.   Uploading Material to the Website

6.1   Any material you upload to the Website will be considered non-confidential and non-proprietary, and Comcero has the right to use, copy, distribute and disclose to third parties any such material for any purpose. Comcero also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.

6.2   Comcero shall not be responsible, or liable to you or to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.

6.3   Comcero has the right to remove any material or posting you make on the Website if, in its opinion, such material does not comply with these Conditions or the Seller Code of Conduct.

7.   Intellectual Property Rights

7.1   Comcero is the owner or, where applicable, the licensee of all intellectual property rights in and to the Website and the Comcero registered trade mark. All such rights are reserved.

7.2   If you upload content to the Website, you grant to Comcero a non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable right to use the intellectual property rights in such content in any media known now or in the future. You hereby waive any moral rights in such uploaded content to the fullest extent permitted by law.

7.3   You agree that you will not assert any copyright, trade mark or other intellectual property ownership or other proprietary rights in any of the intellectual property rights in and to the Website and the Comcero trade mark, or any part thereof or in any derivative work of the same.

7.4  You agree that you will not adopt, use or attempt to register any trade marks or trade names that are confusingly similar to any trade marks owned or used by Comcero.

8.   Information about you and your visits to the Website

Comcero will process information about you in accordance with its privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

9.   Limitation of Liability

9.1   Nothing in these Conditions limits or excludes Comcero's liability for:

(a)   death or personal injury resulting from its own negligence; or

(b)   any damage or liability incurred by the other party as a result of fraud or fraudulent misrepresentation by the other;

(c)   any other liability that cannot be excluded by law.

9.2   The Website, the services on the Website and their use are provided "as is" to the fullest extent permissible pursuant to applicable law. Comcero disclaims all warranties express or implied, including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose, in relation to the Website, the services provided on the Website and use of the Website. Without limiting the foregoing, Comcero specifically disclaims any warranty (i) that the Website or the services offered by the Website will be uninterrupted or error-free, (ii) that defects in the Website or the services will be corrected, (iii) that the Website contains no viruses or other harmful components, (iv) that the security methods employed by the Website will be sufficient, or (v) regarding correctness, accuracy, or reliability of the Website or the services offered by the website. The services provided by the Website may rely on the performance of third parties beyond Comcero's control.

9.3   Comcero does not review users' listings or content and are not involved in, nor will you hold Comcero responsible for, transactions involved between you and buyers.

9.4   Comcero shall not be liable for (nor does it guarantee), (a) the safety or legality of services required and sought by buyers through the Website; (b) the truth or accuracy of listings or feedback or other content posted by users of the Website; or (c) the buyer's ability to pay for any services rendered by you to the buyer; or (d) whether buyers and sellers will actually complete a transaction; or (e) your reliance on any of the information posted on the Website.

9.5   You accept sole responsibility for the legality of your actions on the Website under the laws applying to you and the legality of the services that you require on the Website.

9.6   Comcero shall not be responsible for ensuring the accuracy or the truthfulness of buyers' purported identities or the validity of the information that they provide to Comcero, post on the Website or send to you via email or by any other means of communication.

9.7   Subject to condition 9.1, Comcero shall not be liable to you for:

(a)    loss of profits; or

(b)    loss of business; or

(c)    depletion of goodwill and/or similar losses; or

(d)    loss of anticipated savings; or

(e)    loss of goods; or

(f)    loss of contract; or

(g)    loss of use; or

(h)    loss of corruption of data or information; or

(i)    any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses

even if it has been advised of the possibility of such damages.

9.8   Comcero is the neutral host of the services on the Website and has no responsibility or liability in relation to the arrangements that are entered into with buyers by you as part of those services.

9.9   Subject to condition 9.1 and without prejudice to the foregoing conditions, Comcero's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the services and the Website and your use (or inability to use) the services and the Website shall be limited to £100.

10.   Abuse of Comcero.com

10.1   You agree that you shall not:

(a)   use any robot, spider, scraper or other automated means to access the Website for any purpose;

(b)   take any action that will (or may) place an unreasonable or disproportionately large load on Comcero's infrastructure;

(c)   copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for information uploaded by you to the Website) from the Website without the prior written permission of Comcero; and

(d)   interfere or attempt to interfere with the proper working of the Website or any activities conducted on or through the Website.

10.2   Without prejudice to any other right or remedy that Comcero may have, Comcero may issue you with (a) warnings; or (b) limit, suspend, or terminate any of the services and user accounts, restrict or prohibit access to, and your activities on, the Website (including, without limitation, cancelling listings or shortlistings); or (c) delay, remove or modify hosted content; or (d) take technical or legal steps to prevent you from using the Website if:

(a)   Comcero, in its absolute discretion, believes that you have breached these Conditions or the Seller Code of Conduct or if it believes that you are acting inconsistently with the letter or spirit of the same;

(b)    Comcero, in its absolute discretion, believes that you are creating problems (including, without limitation, harassing Comcero staff or other users of the Website or by making unreasonable legal threats against Comcero), or by exposing Comcero or another user of the Website to financial loss or legal liabilities;

(c)    you provide false information to Comcero whilst registering for the services or at any other time;

(d)    you post false or misleading information on the Website;

(e)    you receive negative reviews.

10.3   Comcero shall not be liable to you for any loss you may incur as a result of Comcero carrying out the actions described in condition 10.2 and in any event such action shall be subject to the limitations on liability contained in condition 9.

10.4   You shall indemnify Comcero (and its officers, directors, agents and employees) for any losses or costs (including reasonable legal fees) that Comcero incurs as a result of any breach by you of these Conditions or resulting from your breach of any law or the rights of a third party.

11.    Viruses, Hacking and other Offences

11.1   You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.

11.2   By breaching condition 11.1, you would commit a criminal offence under the Computer Misuse Act 1990. Comcero will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

11.3   Comcero shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses 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 material posted on it, or on any website linked to it.

12.   Notices

Except where Comcero has stated otherwise, legal notices shall be served by registered mail to ClearNeeds Limited at Wyndham House, Sunning Avenue, Ascot, Berkshire SL5 9PW. Comcero shall send notices to you by email to the email address you provide to Comcero during the registration process. Notice shall be deemed given 24 hours after the email is sent. Alternatively, Comcero may, at its option, give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of posting.

13.   Dispute Resolution

13.1   In the event of a dispute between you and Comcero, you shall contact Comcero to seek a resolution by sending an email to customerservices@comcero.com.

13.2   Comcero shall consider reasonable requests to resolve all disputes through alternative dispute resolution procedures.

14.   General

14.1   The following policies are part of these Conditions and provide additional terms and conditions relating to specific services offered on the Website. Please read all of the following documents carefully:

(a)   Data Storage Policy;

(b)   Payment Policy for Fees;

14.2   Any provision of these Conditions which are either expressed to survive its termination or, from their nature or context it is contemplated that they are to survive such termination, shall remain in full force and effect notwithstanding such termination.

14.3   Nothing in these Conditions is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between you and Comcero, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.

14.4   A person who is not a party to these Conditions shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.

14.5   If any provision of these Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these Conditions, and the validity and enforceability of the other provisions of these Conditions shall not be affected.

14.6    Comcero may assign these Conditions without your prior consent whether written or otherwise.

14.7    No failure or delay by Comcero to exercise any right or remedy provided under these Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

14.8    Comcero may amend these Conditions (or any other document referred to within it) at any time by email or by posting the amended terms on the Website. You may be asked to accept amendments to these Conditions when you log in to the Website from time to time but notwithstanding this requirement, any amendments to these Conditions shall be effective fourteen (14) days after the date that they are initially posted on the Website unless otherwise stated.

14.9    These Conditions set forth the entire understanding and agreement between Comcero and you with respect to the subject matter hereof.

14.10    These Conditions and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, English law.

14.11    The parties irrevocably agree that, subject to condition 13, the English courts shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, these Conditions or its subject matter.

Terms & Conditions for Buyers


PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY

These terms and conditions and the Buyer's Code of Conduct (collectively, these "Conditions") constitute an agreement between ClearNeeds Limited (trading as Comcero) ("Comcero") and you, the buyer, and shall govern how you use the services available from the domain and sub-domains (if any) of www.comcero.com (the "Website").

By using the services on the Website as a buyer, you agree to abide by these Conditions.

1.   About Comcero.com

The Website is a site operated by ClearNeeds Limited. ClearNeeds Limited is registered in England and Wales under company number 6427574 and has its registered office at Wyndham House, Sunning Avenue, Ascot, Berkshire SL5 9PW. ClearNeeds Limited's VAT number is 921998094.

2.   Access to Comcero.com

2.1   Access to the Website is permitted on a temporary basis and Comcero reserves the right to withdraw, amend, suspend or discontinue the Website, the services (or any aspect of the services) on the Website at any time and without any notice.

2.2   You may not use the services on the Website if you are under the age of 18 or if you are unable to form legally binding contracts.

2.3   In the event that your registration to be a buyer is suspended or terminated by Comcero, you may not use the Website or any of the services provided by it.

2.4   Comcero reserves the right to cancel accounts that have been inactive for more than 12 months.

3.   Buyer Obligations

3.1   You undertake to adhere to these Conditions, which may be updated from time to time.

3.2   You agree that you will:

(a)   not post or send false, misleading, defamatory, libellous or inaccurate content (including personal information) through or on the Website;

(b)   not take any action, or cause others to take action, that may undermine the feedback or ratings system on the Website which shall include importing or exporting feedback and ratings information to websites other than the Website or using such data for purposes unrelated to Comcero;

(c)   not use the tools and services on the Website to send spam or otherwise send content that would breach these Conditions;

(d)   be responsible for compliance with all applicable laws, rules and regulations, if any, related to (i) your performance of your obligations to the sellers; and (ii) your conduct whilst using the Website.

3.3   You represent and warrant that you have the authority to enter into legally binding contracts or, if you have registered with the Website as a business entity, you represent that you have the authority to bind that entity.

3.4   You agree to immediately notify Comcero if you suspect or are aware of actual or possible abuses of any of the services offered by the Website.

4.   Information about other Comcero Users

4.1   You acknowledge that use of the services on the Website requires users to share personal information in order to complete transactions and that you, as a buyer, may obtain access to sellers' names, user IDs, email addresses and other contact information, postal addresses and financial information ("Personal Information").

4.2   Comcero shall not be responsible for your use of such Personal Information and you agree that you shall only use the Personal Information:

(a)   in accordance with applicable laws and regulations (including, without limitation, all applicable data protection laws);

(b)   for purposes related to transactions facilitated by the Website and that are not unsolicited emails;

(c)   for use of the services offered through the Website; and

(d)   any other purposes to which a seller expressly consents.

5.   Disputes with Sellers

5.1   If you have a dispute with a seller in relation to, or arising out of, the services sold by the seller through the Website, you may use the dispute resolution procedure offered by the Website.

5.2   Should you choose to use the dispute resolution procedure offered by the Website, you acknowledge that Comcero is merely acting as a mediator in all such disputes.

5.3   You shall hold Comcero harmless and shall release Comcero (and its officers, directors, employees, agents and sub-contractors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in connection with any disputes with sellers.

6.   Uploading Material to the Website

6.1   Any material you upload to the Website will be considered non-confidential and non-proprietary, and Comcero has the right to use, copy, distribute and disclose to third parties any such material for any purpose. Comcero also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.

6.2   Comcero shall not be responsible, or liable to you or to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.

6.3   Comcero has the right to remove any material or posting you make on the Website if, in its opinion, such material does not comply with these Conditions or the Buyer Code of Conduct.

7.   Intellectual Property Rights

7.1   Comcero is the owner or, where applicable, the licensee of all intellectual property rights in and to the Website and the Comcero registered trade mark. All such rights are reserved.

7.2   If you upload content to the Website, you grant to Comcero a non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable right to use the intellectual property rights in such content in any media known now or in the future. You hereby waive any moral rights in such uploaded content to the fullest extent permitted by law.

7.3   You agree that you will not assert any copyright, trade mark or other intellectual property ownership or other proprietary rights in any of the intellectual property rights in and to the Website and the Comcero trade mark, or any part thereof or in any derivative work of the same.

7.4   You agree that you will not adopt, use or attempt to register any trade marks or trade names that are confusingly similar to any trade marks owned or used by Comcero.

8.   Information about you and your visits to the Website

Comcero will process information about you in accordance with its privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

9.   Limitation of Liability

9.1   Nothing in these Conditions limits or excludes Comcero's liability for:

(a)   death or personal injury resulting from its own negligence; or

(b)   any damage or liability incurred by the other party as a result of fraud or fraudulent misrepresentation by the other;

(c)   any other liability that cannot be excluded by law.

9.2   The Website, the services on the Website and their use are provided "as is" to the fullest extent permissible pursuant to applicable law. Comcero disclaims all warranties express or implied, including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose, in relation to the Website, the services provided on the Website and use of the Website. Without limiting the foregoing, Comcero specifically disclaims any warranty (i) that the Website or the services offered by the Website will be uninterrupted or error-free, (ii) that defects in the Website or the services will be corrected, (iii) that the Website contains no viruses or other harmful components, (iv) that the security methods employed by the Website will be sufficient, or (v) regarding correctness, accuracy, or reliability of the Website or the services offered by the website. The services provided by the Website may rely on the performance of third parties beyond Comcero's control.

9.3   Comcero does not review users' listings or content and are not involved in, nor will you hold Comcero responsible for, transactions involved between you and sellers.

9.4   Comcero shall not be liable for (nor does it guarantee), (a) the quality of the services offered or provided by sellers through the Website; (b) the truth or accuracy of listings or feedback or other content posted by users of the Website or the ability of sellers to sell/provide the services; or (c) the buyer's ability to pay for services; or (d) whether buyers and sellers will actually complete a transaction; or (e) your reliance on any of the information posted on the Website.

9.5   You accept sole responsibility for the legality of your actions on the Website under the laws applying to you and the legality of the services that you require on the Website.

9.6   Comcero shall not be responsible for ensuring the accuracy or the truthfulness of sellers' purported identities or the validity of the information that they provide to Comcero, post on the Website or send to you via email or by any other means of communication.

9.7   Subject to condition 9.1, Comcero shall not be liable to you for:

(a)    loss of profits; or

(b)    loss of business; or

(c)    depletion of goodwill and/or similar losses; or

(d)    loss of anticipated savings; or

(e)    loss of goods; or

(f)    loss of contract; or

(g)    loss of use; or

(h)    loss of corruption of data or information; or

(i)    any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses

even if it has been advised of the possibility of such damages.

9.8   Comcero is the neutral host of the services on the Website and has no responsibility or liability in relation to the arrangements that are entered into with sellers by you as part of those services. No warranty can be made as to the performance of any seller.

9.9   Subject to condition 9.1 and without prejudice to the foregoing conditions, Comcero's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the services and the Website and your use (or inability to use) the services and the Website shall be limited to £100.

10.   Abuse of Comcero.com

10.1   You agree that you shall not:

(a)   use any robot, spider, scraper or other automated means to access the Website for any purpose;

(b)   take any action that will (or may) place an unreasonable or disproportionately large load on Comcero's infrastructure;

(c)   copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for information uploaded by you to the Website) from the Website without the prior written permission of Comcero; and

(d)   interfere or attempt to interfere with the proper working of the Website or any activities conducted on or through the Website.

10.2   Without prejudice to any other right or remedy that Comcero may have, Comcero may issue you with (a) warnings; or (b) limit, suspend, or terminate any of the services and user accounts, restrict or prohibit access to, and your activities on, the Website (including, without limitation, cancelling listings or shortlistings); or (c) delay, remove or modify hosted content; or (d) take technical or legal steps to prevent you from using the Website if:

(a)   Comcero, in its absolute discretion, believes that you have breached these Conditions or the Buyer Code of Conduct or if it believes that you are acting inconsistently with the letter or spirit of the same;

(b)    Comcero, in its absolute discretion, believes that you are creating problems (including, without limitation, harassing Comcero staff or other users of the Website or by making unreasonable legal threats against Comcero), or by exposing Comcero or another user of the Website to financial loss or legal liabilities;

(c)    you provide false information to Comcero whilst registering for the services or at any other time;

(d)    you post false or misleading information on the Website;

(e)    you receive negative reviews.

10.3   Comcero shall not be liable to you for any loss you may incur as a result of Comcero carrying out the actions described in condition 10.2 and in any event such action shall be subject to the limitations on liability contained in condition 9.

10.4   You shall indemnify Comcero (and its officers, directors, agents and employees) for any losses or costs (including reasonable legal fees) that Comcero incurs as a result of any breach by you of these Conditions or resulting from your breach of any law or the rights of a third party.

11.    Viruses, Hacking and other Offences

11.1   You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.

11.2   By breaching condition 11.1, you would commit a criminal offence under the Computer Misuse Act 1990. Comcero will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

11.3   Comcero shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses 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 material posted on it, or on any website linked to it.

12.   Notices

Except where Comcero has stated otherwise, legal notices shall be served by registered mail to ClearNeeds Limited at Wyndham House, Sunning Avenue, Ascot, Berkshire SL5 9PW. Comcero shall send notices to you by email to the email address you provide to Comcero during the registration process. Notice shall be deemed given 24 hours after the email is sent. Alternatively, Comcero may, at its option, give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of posting.

13.   Dispute Resolution

13.1   In the event of a dispute between you and Comcero, you shall contact Comcero to seek a resolution by sending an email to customerservices@comcero.com.

13.2   Comcero shall consider reasonable requests to resolve all disputes through alternative dispute resolution procedures.

14.   General

14.1   The following policies are part of these Conditions and provide additional terms and conditions relating to specific services offered on the Website. Please read all of the following documents carefully:

(a)   Data Storage Policy;

(b)   Payment Policy for Fees;

14.2   Any provision of these Conditions which are either expressed to survive its termination or, from their nature or context it is contemplated that they are to survive such termination, shall remain in full force and effect notwithstanding such termination.

14.3   Nothing in these Conditions is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between you and Comcero, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.

14.4   A person who is not a party to these Conditions shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.

14.5   If any provision of these Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these Conditions, and the validity and enforceability of the other provisions of these Conditions shall not be affected.

14.6    Comcero may assign these Conditions without your prior consent whether written or otherwise.

14.7    No failure or delay by Comcero to exercise any right or remedy provided under these Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

14.8    Comcero may amend these Conditions (or any other document referred to within it) at any time by email or by posting the amended terms on the Website. You may be asked to accept amendments to these Conditions when you log in to the Website from time to time but notwithstanding this requirement, any amendments to these Conditions shall be effective fourteen (14) days after the date that they are initially posted on the Website unless otherwise stated.

14.9    These Conditions set forth the entire understanding and agreement between Comcero and you with respect to the subject matter hereof.

14.10    These Conditions and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, English law.

14.11    The parties irrevocably agree that, subject to condition 13, the English courts shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, these Conditions or its subject matter.

Policies

Comcero Privacy Policy

This policy sets out the basis on which any personal data collected through www.comcero.com (the "Website"), or that you provide to the Website, will be processed. Please read this policy carefully before you use the Website.

For the purpose of the Data Protection Act 1998 ("Act"), the data controller is ClearNeeds Limited ("we" or "us") of Wyndham House, Sunning Avenue, Ascot, Berkshire SL5 9PW.

Information we may collect from you

  • Information that you provide by filling in forms on the Website including information provided at the time of registration to use the Website, posting material or requesting further services. We may also ask you for information when you enter a competition or promotion sponsored by us, and when you report a problem with the Website.
  • If you contact us, we may keep a record of that correspondence.
  • We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
  • Details of transactions you carry out through the Website and of the fulfilment of your orders/services.
  • Details of your visits to the Website including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
  • Details of any disputes registered by you through the Website with sellers or buyers (as the case may be) and the outcome of such disputes.

IP addresses and cookies

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve the Website and to deliver a better and more personalised service. They enable us:

  • To estimate our audience size and usage pattern.
  • To store information about your preferences, and so allow us to customise the Website according to your individual interests.
  • To speed up your searches.
  • To recognise you when you return to the Website.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to the Website.

Please note that advertisers on the Website may also use cookies, over which we have no control.

Where we store your personal data

The data that we collect from you may be transferred to, and stored at, a location outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Uses made of the information

We use information held about you in the following ways:

  • To ensure that content from the Website is presented in the most effective manner for you and for your computer.
  • To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
  • To carry out our obligations arising from any contracts entered into between you and us.
  • To allow you to participate in interactive features of our service, when you choose to do so.
  • To notify you about changes to our service.

We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.

If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.

If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.

If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.

We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.

Disclosure of your information

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985.

We may disclose your personal information to third parties:

  • In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
  • If ClearNeeds Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use Terms and Conditions Buyers and Terms and Conditions Sellers and other agreements; or to protect the rights, property, or safety of ClearNeeds Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Your rights

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at legal@comcero.com.

The Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Access to information

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

Changes to our privacy policy

Please note that this privacy policy may change from time to time. We expect the majority of changes to be minor; however, we will not reduce your rights under this privacy policy without your explicit consent. Any changes we make will be posted on this page and, if the changes are significant, we will provide a more prominent notice (including but not limited to an email notification of privacy policy changes.)

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to legal@comcero.com .

Comcero Cookie Policy

Cookies are small text files stored on your device when you access most websites on the internet.

comcero.com uses cookies in order to make the website easier to use, to support the provision of information and functionality to you, as well as to provide us with information about how comcero.com is used. Further information about the cookies that are used on comcero.com is set out in the box below.

Using comcero.com means you agree to our use of cookies. You can choose to restrict or block cookies set on comcero.com through your browser settings at any time. Please note that certain cookies may be set as soon as you visit this website, but you can remove them using your browser settings.

However, please be aware that restricting or blocking cookies set on comcero.com may impact the functionality or performance of the comcero.com website, or prevent you from using certain services provided through comcero.com.

The following categories of cookie are currently set on comcero.com:

Name

Purpose

JSESSIONID

This cookie is essential for our website to function and for your online experience.

This cookie is deleted when you close your browser.

__utma, __utmb, __utmc, __utmz

Google Analytics is Google's free web analytics tool that helps website owners understand how their visitors engage with their website. Google Analytics collects information anonymously, and it reports website trends without identifying individual visitors. Google Analytics uses its own set of cookies to track visitor interactions. These cookies are used to store information, such as what time the current visit occurred, whether the visitor has been to the site before, and what site referred the visitor to the web page. Google Analytics customers can view a variety of reports about how visitors interact with their website so they can improve their website and how people find it. A different set of cookies is used for each website, and visitors are not tracked across multiple sites.

Comcero Payment Policy for Fees

1.   Fees on the Comcero Website

1.1   For Buyers Comcero Classic and Express is free.

1.2   For Sellers Comcero Classic and Express is free.

Comcero Data Storage Policy

1.   For the Buyer

All transaction data for the Buyer is accessible by default for 6 months after each completed job (this is when both Buyer and Seller have left reviews for each other and there is no dispute between them), after which it will not be.

The Buyer can export or print their job data.

2.   For the Seller

All transaction data (data about the selling activities of the Seller), is accessible by default for 12 months after each completed job (this is when both Buyer and Seller have left reviews for each other and there is no dispute between them). After which it will not be.

The Seller can export or print their job data.

Comcero Code of Conduct

Comcero Seller Code of Conduct

Comcero's terms and conditions together with its policies are rules and guidelines that help to create a safe, fair and enjoyable trading environment for all Comcero members. As a Seller, you are responsible for reviewing and understanding Comcero's terms and conditions together with its policies.

Seller cannot:

  • Use profanity when posting or exchanging any information.
  • Include any contact information when tendering for a need.
  • Use a misleading profile that does not accurately describe the service.
  • Misuse the shortlist and tendering functionalities in order to manipulate the Buyer's decision.
  • Supply false information that can mislead the Buyer
  • Accept a job with no serious intention of providing the service.

Breaches of these policies may result in a range of actions, including:

  • Listing cancellation
  • Account suspension

Comcero Buyer Code of Conduct

Comcero's terms and conditions together with its policies are rules and guidelines that help to create a safe, fair and enjoyable trading environment for all Comcero members. As a Buyer, you are responsible for reviewing and understanding Comcero's terms and conditions together with its policies.

Comcero's policies are intended to:

  • Support government laws and regulations
  • Minimise risks to Buyers and Sellers
  • Provide equal opportunity to all Buyers
  • Provide an enjoyable buying experience
  • Support the values of the Comcero Community

Buyer cannot:

  • Post any contact information when posting a need.
  • Use profanity when posting or exchanging any information.
  • Use misleading titles that do not accurately describe the need.
  • Retract a need to manipulate the tendering process.
  • Misuse the shortlist functionality in order to manipulate the decision process.
  • Choose a Seller with no serious intention of buying the service.

Breaches of these policies may result in a range of actions, including:

  • Listing cancellation
  • Account suspension

Prize Draw

Zombie Game

  1. The Invasion of the Zombie Rogue Traders game and associated competition are owned, run and promoted by ClearNeeds Limited (trading as Comcero), a company registered in England and Wales no. 6427574 whose registered office is at Wyndham House, Sunning Ave, Ascot, SL5 9PW. UK .
  2. ClearNeeds Limited shall at all times retain all copyright and intellectual property in the game.
  3. Participants use the game at their own risk. Whilst ClearNeeds Limited seeks to ensure that the game is defect and virus free, it accepts no liability whatsoever for any damage to any Participant's computer hardware, software or network system.
  4. All participants who wish to be entered into the competition to win the prize must play the game and then enter their score onto the leader board.
  5. This competition is open to UK residents only aged 16 or over on 1st December 2010. Employees of ClearNeeds Limited will not be eligible to participate.
  6. No purchase is necessary.
  7. The prize shall be a Kinetic Xbox 360
  8. ClearNeeds Limited reserves the right to substitute an alternative prize. There will be no cash alternative to any of the prizes.
  9. All participants who enter a score onto the leader board will be entered into a draw for the prize.
  10. The winning participant will be the first name drawn at random before 11 March 2011.
  11. Any participant who attempts to falsify their score or unfairly manipulate the game in any way will automatically be disqualified and shall not be eligible for any prize.
  12. ClearNeeds Limited's decision in all matters relating to the competition and game shall be final and no correspondence will be entered into.
  13. The competition shall remain open until 28 February 2011. Any scores entered after this date shall be disregarded.
  14. The winning participant shall be notified by email and must respond by emailing customerservices@comcero.com within one week in order to claim the prize.
  15. In the event that the winning participant does not claim the prize within the specified period or is ineligible for it under clause 5 or 11, a further random draw will be held and so on until the prize is successfully claimed.
  16. The winning participant's name will be published on the Comcero website (www.comcero.com) as title name e.g. Mr Ian Brown. All participants agree that, in the event of winning, they will participate in any publicity which ClearNeeds Limited shall reasonably request.
  17. By entering the competition you agree to ClearNeeds Limited collecting your details for the purposes of sending you future mailings about ClearNeeds Limited and its products. Any participant who subsequently wishes to stop receiving such mailings can do so by sending an email to customerservices@comcero.com .
  18. Events may occur which make the prize draw or the awarding of the prize impossible due to circumstances beyond ClearNeeds Limited's control and accordingly ClearNeeds Limited may amend or withdraw the promotion and you agree that ClearNeeds Limited will have no liability as a result of it doing so.
  19. These terms and conditions and the competition to which they relate shall be governed and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English courts.