Terms and Conditions

TERMS OF USE

Please read these terms of use (“Agreement” or “Terms of Use”) carefully before using the website and services offered by Tom Barker Ltd t/a The ALLOWLIST (“The ALLOWLIST”). The Agreement sets out the legally binding terms and conditions for your use of the website at theALLOWLIST.io (the “Site”) and all services provided by The ALLOWLIST on the site. By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referred to here and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are sellers, customers, merchants, contributors of content, information and other materials or services on the Site.

If you do not wish to be bound by these conditions, you may not access or use the Website.

WHO WE ARE

ALLOWLIST is owned, operated, made available by and a Trading Name of: Tom Barker Ltd (registered in England and Company Number 10958934) Registered address is at 5 Carrwood Park, Selby Road, Leeds, West Yorkshire, United Kingdom, LS15 4LG

NO WARRANTY

THE ALLOWLIST, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE THE ALLOWLIST WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE ALLOWLIST, ITS OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM The ALLOWLIST SHALL CREATE ANY WARRANTY.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE ALLOWLIST, AND (AS APPLICABLE) ITS OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, THE ALLOWLIST’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THE ALLOWLIST’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF THE ALLOWLIST’S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO THE ALLOWLIST IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) £100.

PRIVACY

The information that you provide to us will only be used in accordance with our published privacy policy. Except as provided in privacy policy The ALLOWLIST will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.

DISCLAIMER

Every effort is made to ensure the companies on the website are legitimate businesses with appropriate qualifications and certifications and that the information on the website is accurate the listings are created from information supplied to us by representatives of the businesses and we cannot be held responsible for any errors or inaccuracies or for the suitability or the quality of any goods or services supplied by such businesses, third parties or others listed on or linking to the website.

The appearance of a business or a listing on or in the websites does not imply our approval of the business, supplier or company.

We accept no liability for any transaction that takes place between you and any business, supplier, company or party listed on the website.

FEEDBACK

YOU HEREBY UNDERTAKE TO INDEMNIFY US AGAINST ANY AND ALL CLAIMS, EXPENSES, LOSSES, LEGAL ACTION, COMPENSATION AND DEMANDS BROUGHT AGAINST US OR SUFFERED BY US ARISING OUT OF ANY FEEDBACK, REVIEW, RATING, RANKING OR ANY WRITTEN MATERIAL SUBMITTED BY YOU TO US.

We reserve the right to refuse or remove any feedback, review, comment or written material at any time for any reason.

You warrant that any feedback or review you submit meets all legal and regulatory requirements including but not limited to it being a true and genuine reflection of your reasonable opinion, not being defamatory or libellous and being respectful.

LICENCE
sub licensable
The ALLOWLIST does not claim ownership rights in your Content. You grant The ALLOWLIST a license solely to enable The ALLOWLIST to use any information or Content you supply The ALLOWLIST with so that The ALLOWLIST is not violating any rights you might have in that Content. You grant The ALLOWLIST a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow The ALLOWLIST to store or re-format your Content on The ALLOWLIST and display your Content on The ALLOWLIST in any way as The ALLOWLIST chooses. The ALLOWLIST will only use personal information in accordance with The ALLOWLIST’s Privacy Policy. By uploading Content to The ALLOWLIST you promise that you own and/or have the right to use such Content in this manner and that such Content does not infringe any third party intellectual property rights. In the event that The ALLOWLIST receives a complaint in respect of any Content posted by you it shall be your sole responsibility to deal with such a complaint and to compensate The ALLOWLIST for any loss suffered. The ALLOWLIST reserves the right to remove any such Content immediately.

SEVERABILITY

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

LINKS

The ALLOWLIST is not responsible for the availability of outside websites or resources linked to or referenced on the Site. The ALLOWLIST does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that The ALLOWLIST shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources or via pop ups which may appear when accessing the Site from your computer.

PROHIBITED, QUESTIONABLE AND INFRINGING ITEMS AND ACTIVITIES

You are solely responsible for your conduct and activities on and regarding to The ALLOWLIST and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on The ALLOWLIST Copyright Policy.

Restricted Activities: Your Content and your use of The ALLOWLIST:

• Must not be false, inaccurate or misleading
• Must not be fraudulent or involve the sale of illegal, counterfeit or stolen items, products or services
• Must not infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, The ALLOWLIST Copyright Policy)
• Must not breach this Agreement, any site policy or community guidelines, or any applicable law or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
• Must not contain items that have been identified as hazardous to consumers
• Must not be defamatory, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including The ALLOWLIST staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
• Must not be obscene
• Must not contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information
• Must not modify, adapt or hack The ALLOWLIST or modify another website so as to falsely imply that it is associated with The ALLOWLIST or;
• Must not link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on The ALLOWLIST.

Furthermore, you must not list any item on The ALLOWLIST (or conclude any transaction that was initiated using The ALLOWLIST’s service) that, by paying to The ALLOWLIST a commission fee, could cause The ALLOWLIST to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

INFORMATION CONTROL

The ALLOWLIST does not control the Content provided by users that is made available on The ALLOWLIST. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretence. Additionally, there may also be risks dealing with international trade. By using The ALLOWLIST, you agree to accept such risks and that The ALLOWLIST (and The ALLOWLIST’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any acts or omissions of users on The ALLOWLIST. Please use caution, common sense, and practice safe buying and selling when using The ALLOWLIST.

MEMBERSHIP ELIGIBILITY

Limited Company: The Site services are available only to companies limited by law. You represent and warrant that you are a legally registered company with companies house or your in country regulatory authority. You represent and warrant that registration information you submit is accurate and truthful. The ALLOWLIST may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and may change its eligibility criteria at any time without notice to you. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.It is your responsibility to update us of any changes to that information. You must keep in force at all times valid public liability insurance cover, professional indemnity cover, up to date membership of applicable trade bodies and such qualifications as required by law.

MEMBERSHIP DISCLAIMER

We advertise and promote businesses through the Website in specified categories of industry (“the Service.”)

We reserve the right to reject, remove and/or amend advertisements text graphics or other material submitted for inclusion on the Website which in our opinion is obscene, defamatory, infringes the copyright or other rights of any third party, or which is illegal or does not meet our standards.

We do not make any representation or endorsement of the creditworthiness or value of any visitor to the Website who contacts you as a result of your entry on the Website.

We accept no liability for any transactions which take place between you and visitors to the Website nor do we accept any responsibility or liability for any loss suffered by you or by any of your customers or any other person arising out of your entry on the Website, howsoever caused.

You agree to indemnify us for any loss we suffer as a result of any action brought against us as a result of your entry on the Website, the material contained therein or any service or product supplied by you. We do not accept any liability for any feedback posted on the Website from people who engage you through the Website.

LISTING AND SELLING

The ALLOWLIST is not directly involved in the transactions between buyers and sellers. As a result, The ALLOWLIST has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. The ALLOWLIST does not pre-screen content or information provided by companies including but not limited to certifications. The ALLOWLIST cannot ensure that a buyer or seller will actually complete a transaction. Consequently, The ALLOWLIST cannot and does not transfer legal ownership of items from the seller to the buyer.

Listing Description: By listing on the Site you warrant that you and all aspects of the listing comply with The ALLOWLIST published policies and all legal and regulatory compliance requirements. You also warrant that you may legally sell the item, product or service. You must accurately describe your item, product or service and all terms of sale in your listing. Your listings may only include text descriptions, pictures and other content relevant to the sale of that item. All item, product or service must be listed in an appropriate category with appropriate tags. You must not list an item, product or service more than once, unless the item, product or service listing has naturally expired.

Binding Sale: All sales are binding. The seller is responsible for shipping up to the point of delivery or otherwise completing the transaction with the buyer within 20 days, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

RESOLUTION OF DISPUTES AND RELEASE

In the event a dispute arises between you and The ALLOWLIST, please contact The ALLOWLIST.
Any dispute arising from or relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales. Use of the Site is not authorised in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. Should you have a dispute with one or more users, or an outside party, you release The ALLOWLIST (and its 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 and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. The ALLOWLIST, for the benefit of users, may try to help users resolve disputes, at their request. The ALLOWLIST does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that The ALLOWLIST attempts to resolve a dispute it will do so in good faith based solely on this agreement and its policies.

INDEMNITY

YOU AGREE TO INDEMNIFY AND HOLD THE ALLOWLIST AND (AS APPLICABLE) THE ALLOWLIST’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR BREACH OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

NO GUARANTEE

The ALLOWLIST does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside The ALLOWLIST’s control or otherwise.

SEVERABILITY

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

NO AGENCY

You and The ALLOWLIST are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

CHOICE OF LAW

This Agreement shall in all respects be interpreted and governed by the laws of England and Wales.

DISCLOSURES

The services hereunder are offered by Tom Barker Ltd T/A The ALLOWLIST, located at 5 Carrwood Park, Selby Road, Leeds, West Yorkshire, United Kingdom, LS15 4LG