TERMS AND CONDITIONS – RHQ RLC/DEADMANS PRE-LOVED/UNIFORM SHOP – September 22

1. Welcome to Deadman’s Pre-Loved (DP-L). Some may remember the original ‘Deadmans’, a room of second-hand uniform at Deepcut, that you could rummage around to find mess kit, blues and No 2s. This is its digital persona and it has been created in order to offer you a platform to offer for sale your excess pieces of military kit and for persons to purchase.
2. By using DP-L you are agreeing to the following terms, including any shown by hyperlink.
3. These Terms and Conditions (T&Cs) constitute a legally binding agreement between you and ‘Deadman’s Pre-Loved’ and are effective as of 1 Sep 2022 for all users.
4. By clicking on the ‘Register’ button or accessing DP-L you agree to accept these T&Cs.
   Using Deadman’s Pre-Loved
5. By using or accessing DP-L you agree that you will not:
   • a. Breach or circumvent any laws, third party rights or our systems, policies or determinations of your account status
   • b. Use our services if you are not able to form legally binding contracts, for example you are under 18 or have been suspended from using the site.
   • c. post any threatening, abusive, defamatory, obscene, indecent, false, inaccurate, misleading, deceptive or libellous material
   • d. post or otherwise communicate any false or misleading material or message of any kind
   • e. fail to pay for items purchased by you, unless you have a valid reason as detailed in DP-L’s unpaid items policy (hyperlink)
   • f. fail to deliver items sold by you, unless you have a valid reason, for example the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer.
   • g. distribute viruses or any other technologies that may harm the website or the interests or property of DP-L users
   • h. impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of
     DP-L or The RLC Association website
   • i. copy, modify, or distribute any other person’s content without their consent
   • j. use any robot spider, scraper or other automated means to access DP-L and collect content for any purpose without our express written permission
   • k. harvest or otherwise collect information about others including email addresses, without their consent
   • l. bypass measures used to prevent or restrict access to DP-L
   • m. use any tool that interferes with the normal functioning of DP-L, including, without limitation, browser plug-ins, extensions, or other software which are designed to supplement, remove, or otherwise change any of DP-L functionalities
   • n. or sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.
6. You are solely responsible for all information that you submit to DP-L and any consequences that may result from your post.
7. We reserve the right at our discretion to delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user’s usage of DP-L either temporarily or permanently or revoke a user’s registration.
   Abuse
8. Please report problems, offensive content and policy breaches to us using the Contact Us page or directly via info@dpl.co.uk
9. If we think that you are creating problems within either the terms or the spirit of these T&Cs, including infringing the rights of third parties, without limitation, we may:
   • a. issue warnings
   • b. limit or terminate our service
   • c. remove hosted content
   • d. take technical and legal steps to remove users
10. Whether we decide to take any of these steps or not, we do not have any obligation to monitor the information transmitted or stored on DP-L and we do not accept any liability for unauthorised or unlawful content on DP-L or use of DP-L by users.
    Bulk Listings
11. Members can sell multiple numbers item on one listing, but selling multiple different items under one listing is not permitted. For example, we allow you to sell several jumpers under one listing, but we do not allow you to sell jumpers, trousers and jackets under one listing. Bulk listings make accurate searches difficult, which in turn makes the user experience less efficient and impacts the service we can offer.
12. We reserve the right to remove any listings that violate these Terms and Condition
    DP-L Offered Services
13. As a registered user you can make offers and buy and sell a variety of goods (“products”). This is permitted providing it doesn’t break any laws, is not against good morals, our Terms and Conditions, or on our Prohibited Items list.
14. DP-L service is free to members of the RLC Association which is free to join. You must be over 18. Details here.
15. Commercial use is forbidden unless individual approval by DP-L has been granted
16. Multiple registrations and accounts are not permitted.
17. The user is responsible for taking the appropriate measures to keep their login credentials confidential. If a third party has accessed the user’s login details, then the user must change them.
18. Users can delete their account at any time, without reason. Further information can be found in our Privacy policy.
19. DP-L is not responsible for content generated by users and there is no right for publication of content. DP-L reserves the right to suspend or remove a user from the platform without reason. It is also prohibited to create another account under a different name and/or e-mail address if you have previously been blocked from using DP-L.
20. DP-L services are provided for users in UK only.
    Content
21. DP-L is protected by copyright laws.
22. You agree not to copy, distribute or modify content from DP-L without our express written consent.
23. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in DP-L.
24. You agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of DP-L (other than your own content).
25. When you give us content, you grant us and represent that you have the right to grant us, royalty-free rights to that content. In particular, by giving us content, you grant us the right to display such content on DP-L.
26. Each post must be written and created by the user.
27. It is strictly prohibited to publish anything that:
    a. is illegal, obscene, offensive or discriminatory
    b. contains pornographic images or content
    c. infringes personal rights
    d. attacks the reputation of a person or a business
    e. is seen as harassment through mass messages (spam), or any other kind
28. Any of this behaviour will be reported to the relevant authority and your account will be blocked. It is also strictly prohibited to list anything on our Prohibited Item List.
29. DP-L reserves the right to remove posts, disable or delete any user’s account.
    Transactions between Users
30. If the seller and potential buyer agree on a price (“purchase price”) and both parties confirm, a binding sales contract is entered. The buyer is obliged to pay the purchase price and pick up from the seller, if no other delivery is agreed upon. The seller is obliged to sell the item as shown and described.
31. The contract between the seller and buyer is exclusively between the users themselves and must be closed on the DP-L platform. DP-L is not a party in the sales contract.
32. DP-L is not obliged to verify the transmitted or stored information or to actively search for circumstances which may indicate illegal activity.
33. Should DP-L somehow become aware of a specific unlawful act of an individual user or receive information as such, the information will immediately be removed or the access to this content will be blocked.
    Infringement
34. Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by DP-L.
    Liability
35. The seller holds liability for the correctness of the information, images and comments on the posts. DP-L cannot be held liable.
36. Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for 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.
37. We do not review users’ postings and are not involved in the actual transactions between users. As most of the content on DP-L 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.
38. DP-L customers:
    • a. must comply with data protection regulations of the United Kingdom and must not violate any applicable statutory or governmental regulations or any intellectual property rights or other rights of third parties.
    • b. shall be liable for the correctness of the data provided during registration and for the confidentiality of access data.
    • c. will not offer any goods or services on DP-L for sale which infringe current law, are counterfeits, pornographic or obscene content. DP-L customers will not behave contrary to morality.
    • d. shall only sell items deemed as uniform.
39. DP-L is not liable for any damage caused by errors, delays or interruptions in the transmission, malfunctions of the technical systems, loss or deletion of data, viruses or any other damage which can occur during the use of DP-L, unless they are caused intentionally or grossly negligently by DP-L or the damage concerns the injury of life, body or health.
40. DP-L is liable only for the amount which corresponds with contract-typical foreseeable damages. There is no liability for loss of profits, savings, damage from claims of third parties, and for other direct and indirect consequential damage.
41. The foregoing limitations of liability include claims against employees or representatives of DP-L
42. Moreover, DP-L is not liable for the content, accuracy, legality and functionality of third-party internet pages, which reference from or to the platform of DP-L via a link.
43. DP-L services are only accessible for the user with an active Internet connection. DP-L neither assumes responsibility that the DP-L services are continuously usable and/or accessible, nor is DP-L liable for technical transmission delays or failures. DP-L excludes any warranty for the functionality of the DP-L services.
44. DP-L is not liable for the unauthorized knowledge attainment of personal user data by third parties such as hackers.
45. The user will inform themselves about the tax and / or fee obligations, these must be paid by the user.
46. 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.
47. 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 use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.
48. 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 DP-L, 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 prior to the action giving rise to liability, or
    • b. 100 Pounds Sterling.
49. Contractual Conditions
    • DP-L only provides the framework for users to buy and sell. Posts for buying and selling are not legally binding offers by DP-L and DP-L is not a contracting party. The contract is between the users of the marketplace and the fulfilment of these contracts is concluded via the DP-L Services but carried out exclusively among the users.
50. Data Protection
    • Protection of your personal data is very important to us. To see our specific Privacy rules, see our Privacy Policy
51. Trademark rights
    • RLC and DP-L trademarks owned may not be used without express written consent.
52. Amendment of Terms
    • DP-L reserves the right to change and amend the T&Cs at any time. An explicit reference to the change of Terms will not be made, and therefore the user must review the T&Cs periodically. If the user doesn’t agree to any changes they may exercise their Right to Deletion under GDPR and close their account.
53. Release
    • If you have a dispute with one or more DP-L users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all 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.
54. 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 term of this User Agreement 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.
55. Data Protection and Privacy
    • By using DP-L, you agree to the collection, transfer, storage and use of your personal information by DP-L on servers located in the UK as further described in our Privacy Notice.
56. Resolution of disputes
    • If a dispute arises between you and DP-L, we strongly encourage you to first contact us directly to seek a resolution by going to the DP-L’s FAQ page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
57. General – These terms and the other policies posted on DP-L constitute the entire agreement between DP-L and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
58. This Agreement shall be governed and construed in all respects by the laws of England and Wales. You agree that any claim or dispute you may have against DP-L must be resolved by the courts of England and Wales. You and DP-L 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 DP-L both agree to submit to the jurisdiction of the County Court of Hampshire.
59. If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.
60. We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the DP-L website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.
61. For any help with using DP-L please see the FAQ page or contact us at info@****.co.uk

Our contact details
Name: Deadmans Pre-Loved
E-mail: info@****

What type of information we collect and why we have it
Personal Information is information relating to an identifiable living person.

We collect:

Personal information you give us when you use our website or register with us, such as:

• Identifying information such as your name, telephone number or email addresses when you register with us.
• Buying, or selling information you provide that is connected to your login as a result of a transaction you are involved in.
• Other content that you generate, or that is connected to your login (such as adding items to sell).

Personal information automatically when you use our website or register for an account with us

• We collect information about your interaction with our website. This is information we receive from devices (including mobile devices) you use when you access our website. This information could include the following: Device ID or unique identifier, device type, ID for advertising, and unique device token.
• Location information, including location information from your mobile device. Keep in mind that most mobile devices allow you to control or disable the use of location services by any application on your mobile device in the device’s settings menu.
• Computer and connection information such as statistics on your page views, traffic to and from the sites, referral URL, ad data, your IP address, your browsing history, and your web log information.

Personal information using cookies and similar technologies

• We use cookies and similar technologies to collect information about the pages you view, the links you click, and other actions you take.

You can see, review and change most of your personal information by signing in to your account. Please, update your personal information immediately if it changes or is inaccurate.

Under the General Data Protection Regulation (GDPR), the lawful bases we rely on for processing this information are:

• (a) Your consent. You are able to remove your consent at any time. You can do this by contacting info@uniformerly.co.uk
• (b) We have a contractual obligation.
• (c) We have a legal obligation.
• (d) We have a vital interest.
• (e) We need it to perform a public task.
• (f) We have a legitimate interest.

What we do with the information we have

We use your personal information to provide and improve our services, provide you with a personalised experience, provide you customer service, provide you with personalised advertising and marketing, and to detect, prevent, mitigate and investigate fraudulent or illegal activities. We may share your information with certain third parties including law enforcement or governmental agencies, or authorised third-parties, in response to a verified request or legal process relating to a criminal investigation or alleged or suspected illegal activity or any other activity that exposes us, you, or any other of our users to legal liability. We will only disclose information we deem relevant to the investigation or inquiry, such as name, city, county, postcode, telephone number, email address, User ID history, IP address, fraud complaints, bidding and listing history.

How we store your information

Your information is securely stored on our servers based in the UK.

We retain your personal information for as long as necessary to provide the services you have requested, or for other essential purposes such as complying with our legal obligations, resolving disputes, and enforcing our policies.

Your data protection rights

Under data protection law, you have rights including:

• Your right of access – You have the right to ask us for copies of your personal information.
• Your right to rectification – You have the right to ask us to rectify information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
• Your right to erasure – You have the right to ask us to erase your personal information in certain circumstances.
• Your right to restriction of processing – You have the right to ask us to restrict the processing of your information in certain circumstances.
• Your right to object to processing – You have the the right to object to the processing of your personal data in certain circumstances.
• Your right to data portability – You have the right to ask that we transfer the information you gave us to another organisation, or to you, in certain circumstances.

You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you.

Please contact us at info@uniformerly.co.uk if you wish to make a request.

You can also contact the ICO if you are unhappy with how we have used your data.

The ICO’s address:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Helpline number: 0303 123 1113
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