Terms and Conditions

Use of the website

GiveandBuy.com is a trade name of Careaid International Limited, a charity (registered number [15569] with its registered address at 29 Earlsfort Terrace, Dublin 2 (called “GiveandBuy” in these terms). GiveandBuy does not control the content of advertisements (ads), discussion groups, forums or communication between buyers and sellers placed on the GiveandBuy website (the “Website”). It reserves the right to delete or edit content in ads at its discretion and to terminate access to or use of the Website. As well as these rules, you must comply with the rules set out below when you place an ad on GiveandBuy.

The purpose of the Website is to provide a forum through which sellers can sell goods to buyers. The sale proceeds of each sale will be retained by GiveandBuy and remitted to the charity nominated by the seller following receipt of payment from the seller.

As we operate as volunteers on a trust basis, it will be the responsibility of the buyer and the seller to agree on payment methods and transport of goods, including who is responsible for the cost and means of transport. The Website acts as a forum for contact only. Payment for goods sold can be by means of credit/debit card or cash lodgement to the following GiveandBuy bank account:

Allied Irish Bank

1-3 Lower Baggot Street

Dublin 2

Acc No 02730028

Bank Sort Code 93-10-12

You are prohibited from posting or transmitting to or from the Website any material:

a) that contains HTTP links from the Website to any other website without our prior

written consent;

b) that is off topic, contains advertising or is considered 'spam';

c) that contains financial advice or recommendations regarding securities;

d) that is false, misleading, threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

e) for which you have not obtained all necessary licences and/or approvals, or which contains items that you are not legally permitted to sell; or

f) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in Ireland or any other country in the world; or

g) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

You may not misuse the Website (including, without limitation, by hacking).

GiveandBuy shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these Terms and Conditions.

By posting any content on the Website, you licence GiveandBuy to withdraw, reproduce, modify or distribute that content in any form and you waive any moral rights that you may have in that content.

Categorization

Your ad shall be placed in the category that best describes your product or service (the ad is moved to the right category when examined if possible). It is not allowed to place goods or services in the same ad that does not fit in the same category, they must in such cases be divided into several ads. Sell Ads must be placed in the Sales page and purchase ads in the Buying page.

Clothing & Accessories

In these categories, each article of clothing must be described individually. Individuals can advertise up to five unique garments per ad on the sale of adult clothing, and 10 unique garments per ad on the sale of children's clothing. Companies can advertise one garment per ad and can specify any sizes of the garment is available.

Other usage rules

You must be at least 18 years of age to place an ad on the Website, or buy an item via the Website, or submit any questions, responses or comments on the Website. It is your responsibility to mark your ad as sold or remove it from the Website as soon as the item you have advertised has been sold or for any other reason should not be advertised any longer.

Accordance with Adverts

GiveandBuy is not responsible for specifications of goods or services advertised on the Website. Many of the products sold on the Website may be of a technical nature and it is not practical to publish detailed specifications of all the products and keep specifications completely up to date. All descriptive matter, drawings, pictures, colours, specifications and advertising on the Website are for the sole purpose of giving an approximate description of the products. GiveandBuy accepts no responsibility whatsoever for the descriptions placed by sellers on the Website.

Safety

If any manuals or safety instructions are provided with products, buyers must agree to read and follow carefully all the terms and conditions therein at all times. GiveandBuy.com accepts no responsibility whatsoever for the said manuals or Safety Instructions or anything contained in them or either of them. Any information contained on the Website is not meant to be comprehensive and if you are inexperienced in using the products or are unsure of your abilities, you should always seek expert advice and assistance.

Disclaimer of Warranties

The information contained in the Website is for information purposes only and, although GiveandBuy have made every effort to ensure the correctness of the information contained herein, the information available through the Website is provided "as is" and "as available" and without warranties or conditions of any kind either express or implied. GiveandBuy do not warrant or represent that the use or the results of the use of the good or services available through the Website or from third parties will be correct, accurate timely, reliable or otherwise. GiveandBuy accept no liability in relation to any of the above other than as may be provided for under your statutory rights.

Limitation of Liability

To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall GiveandBuy be liable to you for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the Website, any changes to the Website, any material or data sent or received or not sent or received or for any of the above-mentioned damages that result from the use or inability to use products or services sold or advertised for sale on the Website.

Proprietary right to Content

Users acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to you by the Website, by us, or our advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

Contract

No contract will subsist between users of the Website and GiveandBuy for a sale of any product or service. Contracts are completed through the Website between Buyers and Sellers. No contract shall be deemed to exist unless and until the sellers accepts an order or offer by e-mail. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to the buyer at the time the seller sends the e-mail to the buyer accepting their offer for the goods or services offered for sale.

Modification of Terms

We reserve the right to change the terms of use or policies regarding the use of the Website (including, in particular, those relating to price or availability) at any time and to notify you by posting an updated version of the terms of use on the Website.

General

GiveandBuy shall not be liable for any failure to perform any of our obligations under these terms and conditions which is caused by circumstances beyond our reasonable control including, but not limited to any force majeure incident. Our failure to exercise or enforce any right or provision of the terms of use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The section titles in the terms of use are solely used for the convenience of the parties and have no legal or contractual significance.

Laws

The terms of use shall be governed by and construed fully in accordance with the laws of Ireland . You and we agree to submit to the exclusive jurisdiction of the courts located in Ireland . If any provision(s) of the terms of use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

Termination

We may terminate the Website with or without cause at any time and effective immediately. In addition, we, in our sole discretion, may terminate your Account for violation of the letter or spirit of these terms and conditions.

Right of Refusal

GiveandBuy reserves the right to accept or reject adverts to be placed on the Website on any grounds.

The section titles in the terms of use are solely used for the convenience of the parties and have no legal or contractual significance.