BY CHECKING THE BOX, YOU INDICATE ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THE LIMITATION OF LIABILITY SET OUT HEREIN. IF, AFTER HAVING CAREFULLY READ THESE TERMS AND CONDITIONS, YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU SHOULD EXIT THIS WEBSITE IMMEDIATELY AND NOT USE ANY OF OUR SERVICES. BY CONTINUING TO USE THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (AS VARIED FROM TIME TO TIME) FOR YOUR INITIAL USE AND ALL FUTURE USES OF THE SITE. YOUR ELECTRONIC ACCEPTANCE OF THESE TERMS AND CONDITIONS HAS THE SAME EFFECT AS IF YOU PHYSICALLY SIGNED AN AGREEMENT WITH US.
The terms "us" or "we" refer to the owner of the website whose details are given in Clause 1 below. The term "you" refers to the user or viewer of our website sparefare.net (our site or our website).
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in Clause 8. Every time you wish to use our Services (defined below), please check these Terms to ensure you understand the terms which will apply at that time.
Unless the context otherwise clearly indicates, words used in the singular include the plural, the plural includes the singular.
1.1 Allowed Time Means:
(a) If there is more than a week left to the outbound date of the flight or holiday, 3 days;
(b) If there is less than a week left to the outbound date of the flight of holiday, 1 day;
(c) Notwithstanding clause 1.1 (b), the Allowed Time shall never be later than the outbound date of the flight.
1.2 Buyer means any individual who is willing to buy a plane ticket or a holiday package from a Seller on our website.
1.3 Irreversibly transferred means plane tickets, which have been fully transferred from the Seller to the Buyer, and the Seller no longer has access to or control of the flights or the account used to purchase the flights.
1.4 Offer means an offer on our website to sell:
(a) One or more flight tickets; or
(b) A holiday package for one or more people.
1.5 Member means a Buyer or a Seller who has registered as a user on our site.
1.6 Seller means any individual who has authority to sell a plane ticket or a holiday package on our site, either for him/her or on behalf of a third party that has authorised him/her to do so.
1.7 Services means the online platform provided on our website, where Sellers and Buyers are connected in order to exchange flight tickets or holiday packages.
1.9 Transfer Money means the payment for the price of the flight ticket or holiday package made by a Buyer.
2.1 We operate the website sparefare.net. We are SpareFare Limited, a limited company registered in England and Wales under company number 09589491 and with our registered office at 5 Foster Lane, EC2V 6HH, London, United Kingdom. Our VAT registration number is 219 5835 83.
2.2 Contacting Us:
(a) If you wish to contact us for any reason, including because you have any complaints, you can contact us by using the ‘Contact Us’ page on our website.
(b) If we have to contact you or give you notice in writing, we will do so using the e-mail provided in your account.
3.1 We provide an online platform which connects Sellers with Buyers who are willing to buy a plane ticket or a holiday package from the Seller. Such plane tickets and holiday packages are listed on our site by Sellers. Sellers are given two different options of posting their flights: a quicker option with our assistance and a longer option where they are in charge of the selling process. You may view the listing as an unregistered visitor to the site; however, if you wish to buy or sell flight tickets or holiday packages, you must first register to create an account on the site. Buyers are able to bid for the flights listed on our sites. Sellers can choose to accept or reject the Buyers’ bids. The price offered by the Buyers for a flight ticket or holiday package will include the price of the fee the Seller will incur to transfer the flight ticket or holiday package to the Buyer. WHEN THE BUYER PAYS FOR A FLIGHT OR HOLIDAY PACKAGE, WE WILL KEEP THE MONEY WITH US UNTIL THE FLIGHT OR HOLIDAY TAKES PLACE, AS A GUARANTEE THAT THE SELLER WILL NOT TRY TO SELL A COUNTERFEIT TICKET OR RESELL THE TICKET TWICE. WE WILL SEND THE MONEY TO THE SELLER ONLY AFTER:
If selling flight ticket(s)
(a) THE OUTBOUND FLIGHT HAS TAKEN PLACE (if name changes are possible only for the whole journey), or THE INBOUND FLIGHT HAS TAKEN PLACE (if the name of the inbound flight can still be changed after the outbound flight has taken place); or
(b) THE BUYER HAS CONFIRMED THE PLANE TICKET(s) HAS BEEN IRREVERSIBLY TRANSFERRED (as defined above).
If selling holiday packages
(c) THE LATER OF:
(i) THE FIRST DAY OF THE HOLIDAY HAS COMMENCED; or
(ii) AFTER THE SELLER IS NOT ABLE TO MAKE FURTHER CHANGES TO THE HOLIDAY BOOKING
(d) NOTWITHSTANDING CLAUSES 3.1 (a) TO (c), we will transfer the money to the Seller only if (i) there are no unresolved complaints from the Buyer, (ii) subject to SpareFare Limited receiving the funds from the Seller and (iii) after deduction of all relevant fees and commission.
3.2 We do not own, sell, resell, furnish or provide any of the plane tickets or holiday packages sold on our site. Our responsibilities are limited to: (i) facilitating the availability of our site, (ii) serving as the limited payment collection agent of each Seller, for the purpose of accepting payments from Buyers on behalf of the Seller and (iii) assisting Sellers who have chosen the quick posting option on our site with the selling process.
3.3 PLEASE NOTE THAT, IF SELLERS USE THE STANDARD POSTING OPTION, THE SITE IS INTENDED TO BE USED TO FACILITATE BUYERS AND SELLERS CONNECTING AND BUYING FLIGHT TICKETS OR HOLIDAY PACKAGES DIRECTLY FROM EACH OTHER. WE CANNOT AND DO NOT CONTROL THE CONTENT CONTAINED IN ANY STANDARD POSTING LISTINGS. WE ARE NOT RESPONSIBLE FOR AND DISCLAIM ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS (whether posted through Quick Posting or through the Standard Form), FLIGHT TICKETS AND HOLIDAY PACKAGES. ACCORDINGLY, ANY OFFERS WILL BE MADE OR PURCHASES ACCEPTED AT THE MEMBER’S OWN RISK. You expressly release SpareFare Limited from any and all liability arising out of any controversies, claims, suits, injuries, loss, harm and damages arising in connection with: (i) any inaccuracy, untimeliness or incompleteness of an offer posted on our site (this means any offer however posted); and (ii) misstatements and misrepresentations made by users of the site, either in connection with the Services, any content or otherwise.
3.4 Appointment of SpareFare Limited as limited payment collection agent for Seller
(a) Each seller hereby appoints SpareFare Limited as the Seller’s limited payment collection agent solely for the purpose of accepting the payment for the price of the flight ticket or holiday package.
(b) Each Seller agrees that a payment made by a Buyer through SpareFare Limited, shall be considered the same as a payment made directly to the Seller, and the Seller will transfer the flight ticket or holiday package in the name of the Buyer in the agreed-upon manner as if the Seller had received the payment for the flight ticket or holiday package himself of herself.
(c) The Seller will receive the money for the flight ticket or holiday package from us as described in clause 3.1. The Seller is responsible for checking if there will be any extra bank fees or PayPal charges imposed on the Seller by his bank or PayPal, as a result of us sending the Seller the purchase money. The Seller will bear these extra bank costs or PayPal charges.
3.5 Quick posting option
(a) Sellers who choose the quick posting option on our site grant SpareFare Limited the right to act on their behalf in selling the airline ticket to other users and to change the name connected with the flight in the airline account. Sellers allow SpareFare to use their personal information submitted on the website to achieve that purpose.
(b) If SpareFare Limited makes a mistake while posting the client’s flight on the website and
(i) the flight is not sold, the client can contact us at any time and SpareFare Limited will rectify the mistaken information;
(ii) if the flight is sold and:
(A) the Buyer wants to return the flight due to our mistake, SpareFare Limited will be under no obligation to transfer the flight back in the Seller’s name. If the Seller is then able to successfully sell that flight again (with the correct details), SpareFare has the right to deduct the amount paid for the transfer fees for the ticket with the mistaken details.
(c) If SpareFare makes a mistake while transferring the ticket in the name of the Buyer, the same fee policy as in clause 3.5 (b) (ii) (A) applies.
3.6 Financial terms for Buyers
(a) You as a Buyer agree to pay SpareFare Limited the total fees for buying a flight ticket or holiday package from a Seller, as agreed between you and the Seller in the bidding process.
(c) Please note that we cannot control any fees that may be charged to a Buyer by his or her bank related to our collection of the Transfer Money, and we disclaim all liability in this regard.
3.7 Non-refundable tickets and package holidays
Tickets and package holidays purchased on our site are non-refundable. Unless there is a dispute decided in the Buyer’s favour, we will not be under any obligation to refund any payments or to cancel a transaction, including in the event that any purchased airline ticket or package holiday cannot be used by a Buyer for any reason whatsoever, including without limitation, sickness, change in plans or being late to a flight. Such Buyers could sell their tickets on our site.
3.8 Membership suspension
SpareFare Limited has the right to terminate users account on the website with or without notice, in its sole discretion, if it becomes aware that a user has breached these Terms. Former users with terminated accounts are not allowed to create new accounts on the website.
3.9 Compliance with airlines’ rules
The use of any airline tickets is subject to the rules, regulations and policies of the applicable airline companies, including without limitation, the refund of airline tickets and the use thereof. Please make sure that you are aware of any such rules, regulations and policies (e.g. time of arrival at the gate, rules concerning luggage, etc.).
3.10 Service fees
Sellers using the quick posting option have to pay 10% commission. Sellers using the standard form do not pay any commission.
3.11 PayPal’s transfer or transaction fees
We use PayPal to transfer funds from Buyers to Sellers. PayPal charges us transfer or transaction fees. These fees vary and may depend on the currency, the country of the Buyer, and our transaction volume. Our estimation for PayPal’s fees is based on our current circumstances, and is only indicative. Our estimation assumes that the Seller has a PayPal account in the currency of the Offer. Our estimation does not include PayPal exchange fees, if any. These transfer fees are not our commission, and we do not keep any of the transfer fees for ourselves.
3.12 Payment processing errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
3.13 Foreign Currency
(a) Our online platform facilitates bookings between Sellers and Buyers who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Our site will show the price of the flight ticket or holiday package in the currency which the seller has chosen. It is the Buyer’s responsibility to check the amount in any other currency he or she may be interested in. The currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.
(b) Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. Currency conversion rates consistently vary.
3.14 Description of the bidding process
(a) The bidding process begins when the buyer places an initial bid.
(b) If the Seller accepts the initial bid, the Buyer has 1 hour from the time when the Seller accepted the initial bid to place a final bid and send us the money for the Offer (including any transfer fees).
(c) The Seller then has 1 hour from the time when the Buyer placed the final bid to accept and transfer the flight or holiday package in the name of the Buyer (and also do anything else agreed with the Buyer during the bidding process), or to reject the final bid with a cost adjustment.
(d) If the Seller does not accept the final bid within the specified time, the final bid lapses and the Buyer can, if desired, re-initiate the final bid.
If Sellers have chosen the quick posting option on our site, SpareFare will accept or reject the bids on behalf of the Seller.
3.15 Airlines information page
The airline fees and information on our site may not be correct or up to date. Members are responsible for checking the information on the airline’s website before agreeing to sell or buy a ticket. We are not liable for any incorrect, outdated or misleading information. We are not affiliated with or endorsed by any of the airlines listed on our website.
3. 16 Changes to your offers
(a) Users give their express agreement to SpareFare making changes to the offers posted on the site. The changes could include, but are not limited to, translating the offer in another language, changing the time or date of flights if they are not correct, changing the original price paid for the ticket, if the live price of the flight has increased and the airline does not require the price difference to be paid when names are changed.
(b) SpareFare will only make changes to offers on the site in order to help sellers improve their chances of selling the flights or holidays. SpareFare is not responsible for and has no liability if a mistake is made while making changes to an offer.
4. Seller's obligations
4.1 The Seller shall:
(a) Ensure that the flight details listed on the site are true and accurate;
(b) Cooperate with us and the Buyer in all matters relating to the Services;
(c) Check what the current price of the flights is, if they are selling a plane ticket, and decide whether it would be beneficial for them to accept or reject the Buyer’s offer;
(d) Transfer the flight in the Buyer’s name only after we have sent him or her an email, confirming we hold the Buyer’s funds;
(e) Enter correctly the Buyer’s details when transferring a flight or a vacation in their name;
(f) Check if there are any costs and bear these costs, if the Seller’s bank or PayPal charges the seller any fees as a result of us sending the purchase money in the Seller’s account; and
(g) Not post more than four active Offers on our site at the same time from the same SpareFare account or from different accounts linked to the same PayPal account.
4.2 You, the Seller, warrant that information posted on the website is true and accurate to the best of your knowledge, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
4.3 The Seller shall indemnify SpareFare Limited for any liability arising out of the Seller’s use of the site.
4.4 Sellers hereby allow SpareFare to advertise their Offers on other websites. We will never sell an offer on a Seller’s behalf, but simply advertise it to help sellers find buyers.
4.5 You, the Seller, confirm that you have read Clause 6 (ATOL Regulations).
5.1 The Buyer shall:
(a) Ensure that he or she gives the Seller correct details, in order for the Seller to be able to transfer the flights or the vacation package in the Buyer’s name;
(b) Cooperate with us and the Seller in all matters relating to the Services;
(c) Send us the Transfer Money for the cost of the flights or vacation package promptly after submitting the final bid to the Seller;
(d) Raise with us any objections they may have regarding the flights or the holiday package purchased as soon as possible, and not longer than three days after the outbound flight has taken place (if name changes are possible only for the whole journey), or three days after the inbound flight has taken place (if the name of the inbound flight can still be changed after the outbound flight has taken place); and
(e) Not have more than ten active bids for flights or holidays per SpareFare account or from different accounts linked to the same PayPal account at any given time.
5.2 The Buyer shall indemnify SpareFare Limited for any liability arising out of the Buyer’s use of the site.
5.3 The Buyer hereby acknowledges that we do not and can not monitor the contents Sellers post on our site. Buyers are responsible for checking the existence of the flight or holiday package and the accuracy of the information provided by Sellers with the airline or holiday provider.
5.4 If an airline changes a flight’s time, origin and/or destination, or the flight is cancelled, the Buyer has sole responsibility to communicate with the airline, find the various options available to them, reschedule the flight or do anything else required in order for the Buyer to be able to use their flight.
6.1 The sale of tickets for air travel is highly regulated in the United Kingdom by the Civil Aviation Authority and in Ireland by the Commission for Aviation Regulation.
6.2 If you are resident in the United Kingdom or Ireland, you cannot sell flight tickets that originate from the United Kingdom or Ireland. You can, however, sell flight tickets that originate from any other destination.
7.1 The following will happen if a dispute arises and fault can be ascertained
(a) If a dispute arises, and it can easily be ascertained who made a mistake or omission or misled the other party (for example, the date or the name on the ticket or holiday package is wrong), the party who made the mistake or the omission or misled the other party shall rectify the mistake and/or shall pay to have it fixed.
(b) If the Buyer has made a mistake (e.g. mistyped a passenger name) and does not have access to the booking and the lack of access is not caused by his own mistake or omission, the Seller shall assist him in rectifying the mistake if he has access to the booking.
(c) If the mistake is not rectified within the Allowed Time and:
(i) the Buyer is the party at fault, we will deduct an amount equal to the Seller’s expenditure to date plus any transfer fees and return the rest of the Transfer Money back to the Buyer. The Seller will be reimbursed for his expenditure to date in carrying out the transaction;
(ii) the Seller is the party at fault, we will return the Transfer Money to the Buyer and the Seller will not be reimbursed for any incurred expenditure.
7.2 If a party does not agree with our decision about who is at fault, it has 10 days to submit evidence to us, proving who the party at fault is. We will then review the submitted evidence and make a final decision. Our decision about the party at fault will be final and binding and made in our sole discretion.
7.3 The following will happen if a dispute arises and fault can not be ascertained
(a) We will connect the Buyer and the Seller through emails. The Seller and the Buyer shall use their best endeavours to solve the issue and communicate with the other party in a timely manner.
(b) If we are not notified in writing by either party about a resolution of the dispute after three months from the date when the dispute arose we in our sole discretion will decide which party should receive all or part of the Transfer Money. Our decision can be appealed in writing by either party in a period of 10 days after the decision was notified to the parties.
(c) If our decision is not appealed within the allowed period, this shall be an irrevocable confirmation by both parties that they agree with our decision.
(d) If the decision is appealed within the allowed period, the appealing party must submit evidence satisfactory in our view to support its case. We will then review the submitted evidence and make a final, binding decision in our sole discretion.
(e) We are not responsible for the expenses incurred in any way by any of the parties while finding a resolution to their dispute.
7.4 If you are not happy with the way we have dealt with your complaint, you could complain to the UK Retail Ombudsman. The Retail Ombudsman is an independent ‘not for profit’ and impartial organisation that specialises in resolving consumer disputes. Please follow the link for more information: https://www.theretailombudsman.org.uk/contact/
8.1 Changes to our site
(a) We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
(b) We do not guarantee that our site, or any content on it, will be free from errors or omissions.
8.2 Accessing our site
(a) Our site is made available free of charge.
(b) We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
(c) You are responsible for making all arrangements necessary for you to have access to our site.
8.3 Your account and password
(a) If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
(c) If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the ‘Contact Us’ page on our website and change your password immediately.
8.4 Intellectual property rights
(a) We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
(b) You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
(c) You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
(d) Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
(e) You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
8.5 No reliance on information
(a) Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
(b) We make no representations, warranties or guarantees, whether express or implied, that the flight or holiday package details listed by users of the site are true, accurate and up-to-date.
8.6 Uploading content to our site
(a) Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in Clause 6 (Acceptable Use Policy). You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
(b) Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
(c) We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
(d) We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
(e) We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy in Clause 6.
(f) The views expressed by other users on our site do not represent our views or values.
(g) You are solely responsible for securing and backing up your content.
(a) We do not guarantee that our site will be secure or free from bugs or viruses.
(b) You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
(c) You must not misuse our site 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 our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
8.8 Linking to our site
(a) You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
(b) You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
(c) You must not establish a link to our site in any website that is not owned by you.
(d) Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
(e) We reserve the right to withdraw linking permission without notice.
(f) The website in which you are linking must comply in all respects with the content standards set out in Clause 9 (Acceptable Use Policy).
8.9 Third party links and resources in our site
(a) Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
(b) We have no control over the contents of those sites or resources.
9.1 This acceptable use policy applies to all users of, and visitors to, our site.
9.2 Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use in Clause 5 (Use of Our Site).
9.3 Prohibited uses
You may use our site only for lawful purposes. You may not use our site:
(a) In any way that breaches any applicable local, national or international law or regulation.
(b) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
(c) For the purpose of harming or attempting to harm minors in any way.
(d) To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
(e) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
(f) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
(g) Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use in Clause 8 (Use of Our Site).
(h) Not to access without authority, interfere with, damage or disrupt:
(i) any part of our site;
(ii) any equipment or network on which our site is stored;
(iii) any software used in the provision of our site; or
(iv) any equipment or network or software owned or used by any third party.
9.4 Interactive services
(a) We may from time to time provide interactive services on our site, including, without limitation chat rooms and bulletin boards.
(b) We are not responsible for the accuracy of comments made by third parties. We do not endorse those comments.
(c) Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
(d) We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
(e) The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
(f) Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
9.5 Content standards
(a) These content standards apply to any and all material which you contribute to our site, and to any interactive services associated with it.
(b) You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
(c) Contributions must:
(i) Be accurate (where they state facts). In particular, Sellers should take extra care when posting details of flights and holidays packages.
(ii) Be genuinely held (where they state opinions).
(iii) Comply with applicable law in the UK and in any country from which they are posted.
(d) Contributions must not:
(i) Contain any material which is defamatory of any person.
(ii) Contain any material which is obscene, offensive, hateful or inflammatory.
(iii) Promote sexually explicit material.
(iv) Promote violence.
(v) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(vi) Infringe any copyright, database right or trade mark of any other person.
(vii) Be likely to deceive any person.
(viii) Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
(ix) Promote any illegal activity.
(x) Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
(xi) Be likely to harass, upset, embarrass, alarm or annoy any other person.
(xii) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
(xiii) Give the impression that they emanate from us, if this is not the case.
(xiv) Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
9.6 Suspension and termination
(a) We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
(i) Immediate, temporary or permanent withdrawal of your right to use our site.
(ii) Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
(iii) Issue of a warning to you.
(iv) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
(v) Further legal action against you.
(vi) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
(c) We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
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12.1 We amend these Terms from time to time.
12.2 Every time you order Services from us, the Terms in force at the time of your order will apply to the Terms between you and us.
13. Our Liability
13.1 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
13.2 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, our site; or
(b) use of or reliance on any content displayed on our site.
Please note that in particular, we will not be liable for:
(c) loss of profits, sales, business, revenue or diminution in value;
(d) business interruption;
(e) loss of anticipated savings;
(f) loss of business opportunity, goodwill or reputation; or
(g) any consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, arising out of, or relating to, and/or in connection with the use of our Services, regardless of (i) whether such damages were foreseeable, (ii) whether or not the user was advised of the possibility of such damages and (iii) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.
13.3 If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
13.5 We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
13.6 Our liability in all other cases will be capped at GBP 500.00.
14.1 Any cause of action against SpareFare Limited must be brought within one (1) year of the date such cause of action arose.
14.2 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
14.3 Each of the paragraphs of these Terms operates separately. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect.
14.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.5 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third-party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.
14.6 These Terms are governed by English law. This means any dispute or claim arising out of or in connection with your use of our site and our services will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.