Tiltrak® Terms & Conditions
Please click on the links below to view the relevant Terms & Conditions information below. You can alternatively keep scrolling down to read all points 1 to 29.
Please note V Factor Limited are the official legal registered owners of the Tiltrak® brand in the United Kingdom and globally. Our official primary website address: www.Tiltrak.com
Registered address: V Factor Limited, Citibase, The Genesis Centre, Garrett Field, Warrington, Cheshire, WA3 7BH UK Company registration number: 07334173 VAT registration number: 306 9858 68
General user terms
1 Use of the Tiltrak.com website.
1.1 These terms apply only to those parts of the Tiltrak.com website which do not require a digital certificate or other security device or measure for access; references to “website” below shall be construed accordingly.
1.2 This website is made available by Tiltrak Any party accessing or browsing this website or downloading or using any information, data, text, images, video or audio or any other materials available from V Factor Limited via or generated on, posted or uploaded to the website (“Content”) or otherwise requesting, using or receiving any services or facilities (“Services”) via the website (“User”) may only do so subject to: (1) the terms and conditions set out below, (2) any additional instructions, terms or conditions on the website that apply to particular Content or Services which the User uses (such additional instructions, terms and conditions to prevail over the terms and conditions below to the extent of any inconsistency), and (3) the privacy statement available on www.vfactoruk.com, together referred to as the “General Website Terms”. Access to or use of this website or any Content or Services available via it shall be deemed to constitute acceptance by the User of, and agreement by the User to, the General Website Terms.
1.3 If the User accesses the website or receives or uses Content or Services on behalf of any other party (including anybody corporate), that party shall also be bound by the General Website Terms as if that party were a User. The User warrants and represents that he is authorised by any such party to bind that party to the General Website Terms.
2 Status of General Website Terms
2.1 The General Website Terms shall not affect or form part of, the terms of any contract of carriage with Tiltrak.
3 Copyrights/Other Rights
3.1 Ownership of all copyrights, database rights, patents, trade or service marks, product names or design rights (whether registered or unregistered), trade secrets and confidential information and any similar rights existing in any territory now or in future (“Intellectual Property Rights”) and similar rights and interests in all domain names, trademarks, logos, branding appearing on the website and all Content, or otherwise relating to the structure of the website and the Services offered by Tiltrak via the website, vests in Tiltrak or its licensor.
3.2 The User may use this website and the Content and Services available via the website only for the purposes reasonably anticipated on this website or as otherwise might reasonably be expected in the course of his relationship with Tiltrak and in accordance with any procedures from time to time in force on the website. The User may not access any areas of the website to which access is indicated to be restricted unless the User has obtained appropriate authorisation and any relevant access device (such as a digital certificate) from Tiltrak. The User may not: (1) use or permit any other party to use all or any part of the website, Content or Services in connection with activities that breach any relevant laws, infringe any third party’s rights, or breach any applicable standards, content requirements or codes; (2) post to, upload to, temporarily store on (if such facility is provided) or transmit through, the website any information, materials or content that might be or might encourage conduct that might be unlawful, threatening, abusive, defamatory, obscene, vulgar, discriminatory, pornographic, profane or indecent; (3) use the website for the purpose of or as a means to send ‘flame’ or ‘spam’ emails.
3.3 The User shall procure the waiver of any moral rights in any information, data or other content or materials posted or uploaded by the User to the website (“User Materials”). The User hereby irrevocably authorises Tiltrak and its licensees to use any User Materials for all reasonable business purposes, including without limitation copying, amending, incorporating in other materials, publishing or otherwise providing to third parties (and permitting such third parties to use and sublicense the User Materials) anywhere in the world any such User Materials. The User agrees to take any steps (including completing any further document) that may be required in any jurisdiction to give effect to this clause.
3.4 Tiltrak does not warrant or represent that the User’s or any other party’s use of the Content or the Services available via the website will not infringe rights of third parties.
4.1 Tiltrak will use reasonable endeavours to ensure that the Content accurately reflects either (1) the relevant part of Tiltrak records held on Tiltrak computer systems or (2) information received from a party other than Tiltrak. Tiltrak does not warrant that the Content is accurate, sufficient, error-free, complete or up to date at the time it is accessed. The User should make further enquiries to satisfy himself of the accuracy and completeness of any Content before relying on it. Certain Content may be labelled as indicative only, in which case Tiltrak makes no warranties at all in relation to its quality, accuracy, completeness or timeliness.
4.2 Except as set out in the General Website Terms, Tiltrak shall have no liability whatsoever for breach of any implied warranty, term or condition that might otherwise apply including (without limitation) in relation to the operation, quality or fitness for purpose of the website or any Content, User Materials or Service, or the use of reasonable skill and care.
4.3 The User is responsible for the accuracy and completeness of any User Materials. The User shall ensure the User Materials do not infringe any Intellectual Property Right or other rights of any third party and are not defamatory, unlawful, immoral or otherwise likely to breach or infringe any right or requirement or to give rise to any claim for loss or damage by any third party. The User shall indemnify and hold harmless Tiltrak and its affiliates, associates and agents against any claims, losses, actions, proceedings, damage or other liabilities whatsoever (including damages or compensation paid by Tiltrak to compromise or settle a claim), and all legal costs or other expenses, suffered by Tiltrak or its affiliates and associates as a result of any actual or potential breach by the User of its obligations under this clause 4.3.
5 Hyperlinked websites
5.1 The website may contain certain links or references to websites operated by third parties. Tiltrak makes no warranties or representations whatsoever regarding any third party website which the User may access through this website or which the User may use or access to enable access to or use of this website and any of its Content or Services. Any such website is wholly separate and independent from this website and Tiltrak does not have any control over the content or operation of such website. Tiltrak does not endorse any third party website and does not accept any responsibility for the existence, operation, content or use of such website.
5.2 A User may place hyperlinks to any unrestricted area of this website provided that the User complies with the following terms or any other terms posted on the website from time to time. The User: (1) may link to, but may not, unless with Tiltrak prior written agreement, replicate in any way any Content appearing on the website; (2) may not create a border environment or browser around or otherwise frame any Content or create any impression that the Content is supplied or owned by any party other than V Factor Limited (3) may not present misleading or false information about Tiltrak, its services or Content; (4) may not misrepresent Tiltrak relationship with the linking User (or any third party); (5) may not create any implication or inference than Tiltrak endorses the linking User or its services (or any third party); (6) may not use or reproduce Tiltrak logo, trademarks or name; (7) may not provide or display any content that could be construed as obscene, libellous, defamatory, distasteful, offensive, discriminatory, pornographic or inappropriate in any other way; (8) may not display or provide materials, content or anything else that might violate any laws of any jurisdiction or infringe any Intellectual Property Right; and (9) must clearly indicate that the Tiltrak website is operated by V Factor Limited and is not controlled by or otherwise associated or connected with the linked website, and that Tiltrak terms and conditions apply in relation to any use of the Tiltrak website.
5.3 Any User must immediately on request remove any link placed on or to any area of this website. The User shall not permit any third party aggregation of information to access or retrieve information from this website on the User’s behalf. The User may not in any way run software programs, scripts, macros or similar materials against or in relation to any part of the website as these could endanger, compromise or hamper the stability and operation of the website or infringe rights in or relating to the website or any materials appearing on it.
6.1 The User agrees to comply with any reasonable instructions Tiltrak may issue regarding the website’s security.
6.2 The User must ensure that he does not do anything during or after any access to or use of the website, Content or Services which might result in the security of the website, or the systems or security of V Factor Limited or any other users of the website, or any Tiltrak customers or associated or affiliated companies, being compromised.
6.3 Both the User and Tiltrak shall each take all reasonable precautions to ensure that communications through the website and its own systems are not affected by computer viruses or other destructive or disruptive components and to ensure no such components are transmitted to or via Tiltrak or the website.
7.1 The total liability of Tiltrak, its affiliates, associates and agents to the User and any person acting on the User’s behalf, howsoever arising out of or in connection with the General Website Terms and/or the website, Services or Content (including in relation to negligence) shall, in aggregate, in respect of any claim, or series of connected claims arising out of the same cause in any calendar year, not exceed USD 500 (United States Dollars Five Hundred).
7.2 The User shall ensure that no claims for more than the aggregate limit of liability set out in clause 7.1 are brought against Tiltrak, its affiliates, associates or agents.
7.3 The User is advised to obtain, if he considers appropriate, insurance cover at his cost, in particular for any loss exceeding the limit set out in clause 7.1 above.
7.4 Nothing in the General Website Terms shall exclude liability for death or personal injury resulting from negligence or for fraud on the part of Tiltrak.
7.5 Except as set out in the General Website Terms, Tiltrak, its affiliates, associates and agents shall have no liability whatsoever in respect of the use of the Content, Services or website, howsoever arising.
8.1 Use of this website or of the Content or Services may be subject to certain legal or regulatory requirements in particular jurisdictions. The User may only access or use the website, Content or Services to the extent such access or use is permitted in the jurisdiction in which he accesses or uses the website, Content or Services.
8.2 V Factor Limited will not be liable for any loss (including without limitation loss of profit), damage, delay or failure in performing any of its duties relating to the General Website Terms caused in whole or in part by the action of any government or governmental agency, natural occurrence, law or regulation (or any change in the interpretation thereof), injunction, currency restriction, sanction, exchange control, industrial action (whether involving its staff or not), war, terrorist action, equipment failure, interruption to power supplies or anything whatsoever beyond its reasonable control.
8.3 The General Website Terms supersede all previous agreements, communications, representations and discussions between the parties relating to the website. No party will have a right of action against Tiltrak arising from any previous agreement, communication, representation and discussion in respect of the website (except in the case of fraudulent misrepresentation), and neither party has relied on any terms, warranties, representations or conditions other than those expressly stated in the General Website Terms. No modification or waiver of the General Website Terms shall be binding on Tiltrak unless it is in writing and agreed by an authorised representative of Tiltrak.
8.4 References in the General Website Terms to ‘in writing’ or ‘written’ include communication by email or another electronic form. References in the General Website Terms to the singular include the plural and vice versa.
8.5 Each of the provisions of the General Website Terms is severable from the others and if one or more of them becomes void, illegal or unenforceable, the remainder will not be affected in any way.
8.6 The rights of Tiltrak under the General Website Terms may be exercised as often as necessary and are cumulative and not exclusive of its rights under any applicable law. Any delay in the exercise or non-exercise of any such right is not a waiver of that right.
8.7 The User may not assign, part with or otherwise transfer any right or benefit under any provision of the General Website Terms without Tiltrak prior written consent.
8.8 Subject to clause 2, Tiltrak may at any time and without notice or liability change, improve or remove any Content or any Services available via the website, or the General Website Terms.
8.9 V Factor Limited may assist or co-operate with authorities in any jurisdiction in relation to any direction or request to disclose personal or other information regarding any User or the use of the website, Content or Services.
8.10 V Factor Limited affiliates, associates and agents (“Relevant Third Parties”) shall have the benefit of all provisions of the General Website Terms which are expressed to be for their benefit, as well as the law and jurisdiction clause. In entering into the General Website Terms, Tiltrak does so (to the extent of such provisions) not only on its own behalf but also as agent and trustee for such persons.
8.11 To the extent that clause 8.10 is not effective to give such benefit to any Relevant Third Party, such Relevant Third Party may enforce such provisions in its own name pursuant to the Contracts (Rights of Third Parties) Act 1999. The General Website Terms may be varied or rescinded, by agreement or in accordance with their terms, without the consent of any Relevant Third Party.
8.13 The General Website Terms shall be subject to English law and any dispute, claim, a matter of construction or interpretation arising out of or relating to the website, including the General Website Terms, shall be subject to the exclusive jurisdiction of the English courts.
For more information please visit: www.vfactoruk.com
9 All vehicle, property & business listings for sale by private individuals or business
9.1 Please note Tiltrak.com or V Factor Limited accept no legal responsibility for any of the listings shown in terms of ownership, insurance, guarantee period, returns policy or money transactions in the event of a sale. All legal responsibility is between the ‘buyer’ yourself and the ‘seller’ namely the company or individual is shown on the horse or pony listing advert displayed via this website. We also accept no responsibility for incorrect or untrue information on any horse or pony advert listings. If looking to purchase a horse or pony listed on the site we recommend you consult and the seek the services of a solicitor to prepare a legally binding contract of sale and also ensure the horse or pony is as per described. Remember to check all the details before agreeing to the sale and conducting a financial money sale transaction. When dealing with private sellers you are at greater risk with regards to UK trading standard laws.
9.2 Please note Tiltrak.com or V Factor Limited accept no legal responsibility for any of the listings shown in terms of ownership, insurance, guarantee period, returns policy or money transactions in the event of a sale. All legal responsibility is between the ‘buyer’ yourself and the ‘seller’ namely the company or individual is shown on the property/business listing advert displayed via this website. We also accept no responsibility for incorrect or untrue information on any property/business advert listings. If looking to purchase a property/business listed on the site we recommend you consult and the seek the services of a solicitor to prepare a legally binding contract of sale and also ensure the property/business is as per described. Remember to check all the details before agreeing to the sale and conducting a financial money sale transaction. When dealing with private sellers you are at greater risk with regards to UK trading standard laws. We always recommend you seek the services of an accountant if purchasing a business to analyse the turnover and profitability is as per described by the vendor. When purchasing a property you should always seek a professional surveyor to examine the buildings prior to exchanging contracts.
9.3 Please note Tiltrak.com or V Factor Limited accept no legal responsibility for any of the listings shown in terms of ownership, insurance, guarantee period, returns policy or money transactions in the event of a sale. All legal responsibility is between the ‘buyer’ yourself and the ‘seller’ namely the company or individual is shown on the vehicle listing advert displayed via this website. We also accept no responsibility for incorrect or un-true information on any vehicle advert listings. If looking to purchase a vehicle listed on the site we recommend you consult and the seek the services of a solicitor to prepare a legally binding contract of sale and also ensure the vehicle is as per described. Remember to check all the details before agreeing to the sale and conducting a financial money sale transaction. When dealing with private sellers you are at greater risk with regards to UK trading standard laws. Please check the vehicle has a valid MOT certificate and you are shown proof written document of ownership via VOSPA. With vehicles we also advise buyers to seek an HPI service to check for any outstanding finance owed and history of accident damage.
10 MarketPlace Sellers and Users
10.1 NO offensive images or language to be used on product pages or seller pages. No offensive or aggressive manner to be used in any communication between customers or site visitors.
10.2 All MarketPlace sellers are expected to provide Customer services provided Monday-Friday 9-5pm (working days) or within 24 hours of the message being sent a reply must be sent.
10.3 All MarketPlace sellers must act accordingly within the rules and regulations signed with the terms & conditions and partnership agreement documentation. The contracts are legally binding.
10.4 An “Incident” will occur if a customer contacts Tiltrak Customer Services after they have first contacted you as an Approved Partner to resolve their query or complaint. In particular, if the customer is dissatisfied with the resolution provided by an Approved Partner they are entitled to request that Tiltrak Customer Services investigate the case. The Tiltrak MarketPlace seller must respond to the Customer Services Team & the buyer within 24 hours to resolve the situation. You must make all reasonable effort to keep the customer and Tiltrak Customer Services team updated at all times with the progress of any investigations or 3rd party information should it be required.
10.5 Please note any suspected fraud or illegal activity including counterfeit goods or obtaining money by deception will be reported to the Police and Trading Standards immediately. This will also include the full suspension of the MarketPlace Seller account until the matter is resolved. This could result in legal prosecution of the seller. The MarketPlace Seller account will be suspended within 24 hours pending legal enquiry investigation with the Police and or Trading Standards.
11 Where do I send my MarketPlace purchase item returns for replacement or refund?
11.1 All faulty, damaged, or unwanted items including general returns must be sent directly to the MarketPlace seller. Please ask them for their full address details including postcode. Once the items have been received and no pending disputes are currently being investigated the MarketPlace seller is obliged to provide a refund within 24 hours in accordance with our partnership agreement. Please note you will need to check the listing and individual MarketPlace Sellers returns policy along with the circumstances, to determine who is responsible for the return costs. Remember when returning items it’s important to use a reputable courier or recorded Royal Mail services to ensure the returned package is received and not lost in transit.
12 What happens after the 30 Day MarketPlace guarantee expires?
12.1 Don’t worry you should still be covered by the sellers guarantee period for faulty goods usually up to 1 year from the date of purchase. Please send your complaint directly to the MarketPlace seller however if you are being treated unfairly and are unsatisfied with their response. Please report the seller to the Tiltrak Customer Services Team who can investigate this matter.
13 Terms and conditions of the 30 Day MarketPlace Guarantee
13.1 All sellers in the MarketPlace are professional businesses who have been approved by Tiltrak due to meeting our strict policy on providing genuine products with excellent customer service. This ensures your purchase is protected by all standard UK consumer laws and distance selling rules provided the item has not been customised to your provided specifications. Also with our 30-day MarketPlace Guarantee cover, you have additional peace of mind when purchasing products from the many individual MarketPlace sellers listed on this Equestrian e-commerce website. Please be aware under distance selling rules you have the legal right to a refund provided the product is not fit for purpose.
14 What happens if I am not happy about a product?
14.1 If the goods received are poor quality, damaged, faulty or not as per described you have the legal right to a refund or replacement item. Before contacting the Tiltrak customer services team we ask all buyers to contact the seller directly via the internal email messaging system with your complaint. The seller will then have up to 24 hours to reply with a written response in relation to your complaint. If you are unhappy with their decision we recommend raising these issues with the seller asking them to re-evaluate the complaint. However, if you are still not happy with the outcome please contact Tiltrak Customer Services to report your complaint and our professional claim advisers will investigate the matter impartially. This will be conducted independently without relying on any bias information from either party. We will then provide a final judgement that will resolve the reported complaint dispute. Remember if you are unhappy please raise a complaint we are here to protect your consumer’s rights. We only release payment funds to the seller 30 days after your purchase transaction to ensure you are satisfied with the product item.
15 Customer Collection:
15.1 The seller can also provide details if they provide customer collection from their business operating address. Please be aware that you will be required to provide the order reference number and some identification (Passport, recent utility bill or UK valid drivers license) for the goods to be released. When collecting from their business address make sure you check their opening times and postal address details are shown underneath the product. You may also be charged a collection handling fee shown on the product listing.
16 Who’s responsible for my delivery:
16.1 Please note Tiltrak accept no responsibility for missing parcels or late deliveries including any compensation claims for lost or damaged goods. All communication must be sent directly to the seller via the Tiltrak messaging service available in your customer admin area. However, if you are unable to resolve the situation please contact the Tiltrak Customer Team who can escalate your claim.
17 Mainland Europe & Worldwide delivery:
17.1 Unfortunately we are unable to deliver items to mainland Europe or Worldwide destinations. However, we will be launching Tiltrak websites in all countries shortly along with the integration of worldwide delivering via this website.
18 Delivery terms & conditions:
18.1 After placing your order you will receive an order confirmation email with the items purchased clearly displayed. However please note this email does not mean that your order will be despatched immediately. Due to stock level demands changing quickly with our sellers they sometimes need to wait for an item before they can despatch the full order. Once your order has been processed you will receive a second email with a tracking reference allowing you to check the progress of the delivery with the seller’s designated courier. Please note Tiltrak cannot provide tracking numbers for parcels delivered by sellers in the MarketPlace, you must contact them directly.
18.2 Under the distance selling laws you are able to return any items at your cost within 30 days for a refund provided the items are unopened, unused and not damaged in any way. Any parcels that include damaged items will be subject to an investigation being launched with the designated courier. Before any decisions are made by Tiltrak and the Marketplace Seller, in relation to any claims and financial compensation if applicable. By purchasing items from the www.Tiltrak.com website you agree to fully accept our terms & conditions.
18.3 Please note standard delivery usually indicates a Monday to Friday anytime between 9 am and 5.30pm service unless otherwise stated on the seller’s individual product listing. All stated delivery schedule turnaround days are approximate and not guaranteed. Tiltrak or the seller is not responsible for late deliveries when the parcel is delayed in transit due to bad weather or transport services being cancelled including plane or ferry crossing when delivering off-shore or to remote areas.
18.4 Please note it’s your responsibility to ensure you are available to sign for the consignment. We are unable to leave parcels with any 3rd party or if they are unsigned.
19 Order cancellation & returns policy (MarketPlace product items only)
19.1 Any purchases conducted within the MarketPlace are protected by the Consumer Rights Act 2015. With the new regulation replacing the old Sale of Goods Act, Unfair Terms in Consumer Contracts Regulations, and the Supply of Goods and Services Act. With the Consumer Rights Act 2015 you are entitled to a full refund within the first 30 days. Provided the product is unsatisfactory quality, unfit for purpose or not as described. After 30 days you are no longer legally entitled to a full refund.
19.2 Please see below your legal rights if you wish to cancel an order or demand a refund within the 30 day period after purchasing: Fit for purpose – The goods should be fit for the purpose they are supplied for, as well as any specific purpose you made known to the retailer before you agreed to buy the goods. Satisfactory quality – Goods shouldn’t be faulty or damaged when you receive them. You should ask what a reasonable person would consider satisfactory for the goods in question. For example, bargain-bucket products won’t be held to as high standards as luxury goods. As described – The goods supplied must match any description given to you or any models or samples shown to you at the time of purchase.
19.3 If you are unable to cancel an order or return the item for a refund after contacting the seller. Please contact Tiltrak customer services who will investigate this matter.
19.4 The Consumer Rights Act 2015 replaces the old distance selling regulations, however, you must be aware that customised products made to your specification may be exempt. You may also wish to check the sellers return policy that will be present on their individual product listing pages.
20 Products or services that must not be listed on Tiltrak
20.1 The following Products must not be listed on the Site by the MarketPlace Seller include offensive material, including material that incites racial hatred or promotes discrimination based on race, sex, religion, national origin, physical ability, sexual orientation or age; obscene material including pornographic material; living animals; intoxicating liquor and tobacco; firearms and ammunition; stolen goods; or 3rd party advertisements.
20.2 Items that infringe another party’s copyright, patent, trademark, database right, or other intellectual property other proprietary right; illegal or prescription drugs; items whose sale, distribution or offering for sale is prohibited by any Applicable Laws; items whose sale is subject to export restrictions; offensive weapons, poisons and dangerous substances. Products which do not fall from time to time within Tiltrak existing product or category ranges; second hand and/or refurbished goods; and any other types of products that are in Tiltrak absolute discretion are to be excluded from listing and/or sale using the Site.
20.3 Items noted related to Equestrian activities, services or the industry sector, in general, must not be listed.
20.4 Please note any malicious content or banned products listed above should also be reported to the ASA – Advertising Standards Agency the Police and UK Trading Standards.
21 Promises, liability and disclaimer for Tiltrak
21.1 Tiltrak agrees to operate the Site with reasonable care and skill and that Tiltrak will use our reasonable endeavours to correct any faults of which Tiltrak is aware. To the fullest extent permissible under Applicable Laws, Tiltrak disclaims any and all other promises, warranties, conditions, or representations relating to the Site and Our Content, whether express, implied, oral or written.
21.2 Tiltrak does not make any promises as to the truth, accuracy, integrity, quality or completeness of Our Content or information that appears on the Site and the Seller should not rely on it being accurate, truthful or complete; Tiltrak is not responsible for verifying the ownership of any Seller Content posted or uploaded on the website including advertising listings and products in the MarketPlace.
22 Reservation of rights by Tiltrak
22.1 Tiltrak solely reserves all rights available to it, if it considers it appropriate, to immediately and without notice to the Seller. This includes halting any transactions via the Site; prevent or restrict access to the Site.
22.2 Take any other action to restrict access to or availability of or remove any objectionable material, feedback, ratings, inaccurate listings, inappropriately categorised items, unlawful items or items prohibited for listing on the Site.
23 Seller usage agreement of the Tiltrak.com website
23.1 The Seller must make sure that all the information provided when it registers (and any changes to that information) is true, accurate, current and complete; update its account as soon as is reasonably practicable if it changes any of its registration details (e.g. email address, postal address).
23.2 Keep its password secure at all times and be fully responsible for all activity, liability and damage resulting from its failure to maintain password confidentiality; and immediately notify Tiltrak of any unauthorised use of its password or any breach of security.
23.3 The Seller agrees that Tiltrak cannot and will not be liable for any loss or damage arising from the Seller’s failure to keep its password secure; not to provide its username and/or password information to any other party other than Tiltrak without Tiltrak’s express written permission; and comply with such policies as are notified by Tiltrak to the Seller from time to time.
23.4 Agree to help Tiltrak maintain the security of the Site, the Seller must keep its registration details private and confidential. If the Seller becomes aware of any misuse or unauthorised use of its registration details, it must inform Tiltrak customer services team immediately.
24 Price and payment
24.1 Products offered by the Seller for sale on the Site shall be at a fixed price and in GBP. All VAT and any other taxes associated with the fixed price sale of the Products will be paid by the Customer and it is the Seller’s responsibility to determine, collect and remit the applicable VAT and any other taxes associated with the sale.
24.2 The Seller must set the price for each Product listed on the Site. The Seller shall ensure that the prices at which their Products are listed on the Site are accurate.
24.3 The Seller can raise prices at any time in accordance with a signed agreement notification except in respect of orders that have already been placed by Customers.
24.4 All sales are binding and the Seller may not alter the price of a Product after completion of a sale. Tiltrak shall not be responsible for any errors in pricing and reserves the right to refuse orders placed with erroneous or incorrect information.
25 Site visitor customer feedback
25.1 The Seller acknowledges and agrees that Customers may leave feedback relating to the Products that it has purchased via the Site. Tiltrak is not responsible for checking or editing the Customer Feedback on the Site. The Seller understands that Tiltrak does not screen its Users. The Seller therefore consents to the publication of, and authorises Tiltrak to publish Customer Feedback, even though such Customer Feedback may be critical or defamatory of the Seller and even though Tiltrak may be aware or ought reasonably be aware that such Customer Feedback caused or contributed to the publication of a statement that is defamatory of the Seller.
25.2 The Seller releases Tiltrak from and waives all rights against Tiltrak in respect of any liability arising out of or in connection with the publication of any defamatory comments about the Seller in such Customer Feedback. Please note any racial, hatred aggressive language will be removed and the person leaving the feedback will be legally pursued. MarketPlace sellers who frequently receive poor customer feedback will be asked to improve during a monitored time a period and assessed.
25.3 If found to be providing a poor service that does not meet our customer care standards you will be removed from the website. if you believe the customer feedback to be malicious or un-true we can investigate the matter with the Tiltrak Customer Services team and any legal authorities.
26 MarketPlace Selling Fee’s and 30 days contractural cancellation period
26.1 All active MarketPlace sellers wishing to close their store must provide 30 days written notice with this intention. Throughout the store rental agreement period you are legally liable for any commission fee’s and monthly store rental fee is to be paid in full.
26.2 All payments must be paid within the agreed time as per indicated with your seller terms & conditions signed the contract agreement. Non-settlement of outstanding balance will result in legal prosecution with the seller responsible for all deemed costs including legal representation and any damages including interest on any money.
27 Online liability of the website, users and sellers
27.1 Tiltrak make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer’s functionality or operation including transmission arising from the Seller’s download of any content, software the Seller uses to download the content, the Site or the servers that make it available. In this respect, the Seller agrees that it is its responsibility to install suitable anti-virus and security software on its computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines.
27.2 Any content downloaded or otherwise obtained through the use of the Site is done at its own risk and the Seller will be solely responsible for any damage to its computer system or loss of data that results from the download of any such content; any decision based solely on information obtained from the Internet could be dangerous. Whilst Tiltrak hopes that the Seller will find the websites linked to on the Site of interest, no responsibility of any nature whatsoever is accepted for any such links or any information contained in them. Tiltrak will not be responsible or liable for any losses related to any business of the Seller including but not limited to lost data, profits, revenue, business, opportunity, goodwill, reputation or business interruption.
27.3 By using the Site the Seller acknowledge and accept the inherent risks, characteristics and limitations of the Internet, particularly in terms of technical performance of the Site, response times to view, verify or transfer information and the risks inherent in all third party links, connections and transfers via the Internet. Accordingly: Tiltrak does not make any promises about the availability or accessibility of the Site or promise that the Seller’s access to the Site, the content on it or the services Tiltrak provide will be delivered uninterrupted, in a timely manner or error-free. Tiltrak is not responsible for any data or information uploaded by any Users including any content posted, uploaded or published on the Site. It is the Seller’s responsibility to make backup copies of any of the content the Seller posts, uploads or publishes on the Tiltrak website in the UK.
28 Financial transactions customer safety and protection
28.1 All financial transactions on www.Tiltrak.com are processed via the Paypal or Stripe website for security purposes and the customer’s protection against online fraud. Please visit the the www.paypal.com/uk/home and www.stripe.com/gb websites for information relating to customer security protection including any legal liability in relation to a fraudulent activity or payment insurance cover. If you believe that your card details have been misused via this website or suspect fraudulent activity please notify Tiltrak Customer Services immediately who will investigate this matter with PayPal or Stripe.
28.2 For added security all payment transactions are processed via the V Factor Limited bank account registered in the UK at the Royal Bank of Scotland. MarketPlace or Vehicle Sellers never have access to your payment details on this website.
29 Data Protection 1998 Act compliance
29.1 Seller or buyer personal details including financial data and transactions are never disclosed to any 3rd party and are protected internally via a secure server under the 1998 Data Protection Act. The Data Protection Act (DPA) is a law designed to protect personal data stored on computers or in an organised paper filing system.
Please note if you require any further information on terms and conditions listed above please contact Tiltrak Customer Services who will endeavour to reply within 24 hours to question.