Terms & Conditions

The TimeXchange - Terms and Conditions of Business

 

Welcome to the TimeXchange terms and conditions. We hope that You are enjoying your visit to our Website and find the content and services useful. Please note that by using this Website You agree to be bound by the terms and conditions set out below. If You do not agree to be bound by these terms and conditions, then please do not use or access this Website. You must read and accept all of the terms and conditions of business contained herein together with our Privacy Policy before You may use or access the Website in any way.

 

1. Introduction

 

1.1 the TimeXchange provides an online exchange service allowing Clients to Exchange Items (goods and services) via the TimeXchange Platform (known as "the Service"). “the TimeXchange” is a trading name of the TimeXchange Limited, a company registered in Scotland (company registration number SC507568) with the registered office at 82 West Nile Street, Glasgow, G1 2QH.

 

1.2 By using this Website and/or registering for Services You agree to be bound by the terms and conditions set out below. If You do not agree to be bound by these terms and conditions hereunder; please do not use or access this Website or any Services. You must read and accept all of the terms and conditions contained herein before You may use or access the Website in any way.

 

1.3 These terms and conditions constitute the entire terms and conditions upon which the TimeXchange provides the Service and upon which you agree to contract for the use of the Service except where specifically varied by written agreement by the TimeXchange on the Registration Confirmation. They supersede any written or oral representations, statements, understandings or agreements.

 

1.4 By using the services You will be accepting these terms and conditions in their entirety and be entering into a contract ("the Contract") with the TimeXchange.

 

1.5 From time to time, it will be necessary to update the terms and conditions and You agree to be bound by the new terms and conditions after the implementation date for the revised terms and conditions.

 

Definitions

 

In this Agreement: -

 

“Agreed Bond Amount” means the amount agreed between the parties as a security, against the Exchange.

 

“Agreement” means these terms and conditions together with the Client’s registration as confirmed in the TimeXchange Registration Confirmation.

 

“Bond Account” means the separate account set up and maintained by the TimeXchange as part of the Bond Service.

 

“Bond Confirmation” means the email to the Client that confirms the money has been deposited into the Bond Account.

 

“Bond Service Completion” means the TimeXchange service is completed when the Bond is returned to the relevant parties based upon the outcome of the Exchange, the TimeXchange being the sole arbiter of this issue.

 

“Client” means the subscriber which is any consumer, not a business entity who wishes to subscribe to the TimeXchange Website.

 

“Client Content” means the information the Client provides to describe an Item or assist the Exchange.

 

“Client Information” means the information required by us to allow us to deliver Services.

 

“Complaints Process” means the procedure set out in Condition 2.5, (with regards to the Bond Service, please outline your complaint within the ‘report to admin and agreement’ section of the website).

 

“Exchange” means the transaction between a provider and a recipient for an Item which is conducted via the Service.

 

"Information" means any and all material contained in this Website.

 

“Intellectual Property” means any patent, invention, copyright, database right, registered or unregistered design, trademark displayed on the Website (whether registered or unregistered), trade name, logo, trade secrets, know-how or other industrial or intellectual property right subsisting anywhere in the world, and applications for any of the foregoing, together with the goodwill thereon.

 

“Item” means any good or service for Exchange on the TimeXchange website.

 

“Registration Confirmation” means the email acceptance sent by the TimeXchange following receipt of the Client’s registration.

 

“Share on Social Media” means the Client introducing the TimeXchange Services (post-purchase only) to another potential User, as described on the Website and accessed via for example the ‘Facebook’ buttons (subject to either Facebook or the third party’s terms and conditions).

 

“the User” and “You” means anyone who uses this Website.

 

“the Website” means the website operating under the domain name of www.thetimexchange.com.

 

“Working Hours” means 9.00am to 5.00pm from Monday to Friday excluding weekends, public holidays or statutory holidays.

 

2. Service Provision

 

2.1 the TimeXchange will provide a Registration Confirmation for all registrations placed but reserves the right to accept or reject any registration at its sole discretion.

 

2.3 the TimeXchange will use all reasonable endeavours to provide the Service as described on the Website. Due to the nature of such Services, time will not be of the essence of the contract.

 

2.4 the TimeXchange may at any time amend the Service for any reason including, but not limited to, technical or legal reasons.

 

2.5 the TimeXchange encourages any interested or potential business client to make contact with the TimeXchange at hello@thetimexchange.com.

 

2.6 Any Client complaints must be dealt with through the Complaints Process. A complaint can only be dealt with by the TimeXchange if the correct process is followed. All complaints must be made by email to hello@thetimexchange.com or by post to the TimeXchange Ltd, 82 West Nile Street, Glasgow, G1 2QH.

 

2.7 the TimeXchange provides Client support available through ‘exchange tips’, these tutorials will be available on video through the Website.

 

2.8 The Client agrees that in the event of any disagreement between the parties the TimeXchange will act as the sole arbiter with regards to settling any Client issues including Bond Service Completion.

 

3. Proprietary Rights

 

All Intellectual Property Rights in the materials on this Website (as well as the organisation and layout of this Website) together with the underlying software code are owned by, licensed or authorised to the TimeXchange, its assignees, licensees or sub-licensees thereof and the copyright in the text, artwork, graphics and images on the Website is owned by the TimeXchange or its licensors or its content or technology providers except where otherwise specified. Nothing in these terms and conditions transfers to You any rights of ownership of such intellectual property rights or constitutes a licence to use such intellectual property rights other than to the extent expressly set out in these terms and conditions. Without the TimeXchange‘s prior written permission, You may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Website or the underlying software code whether in whole or in part.

 

4. The basis of Use of the Website

 

4.1 By using the Service You agree and confirm to us the following;

 

4.1.1 that You are aged 18 or over and are legally capable of entering into binding contracts;

 

4.1.2 that You understand, acknowledge and accept the exclusion of liability and disclaimer provisions contained hereafter;

 

4.1.3 that You will only view the Information on the Website for your own private purpose and will not publish, reproduce, store or retransmit any of the Information contained in the Website at any time; unless through the ‘Facebook’ or ‘LinkedIn’ and Twitter buttons more fully described on the Website;

 

4.1.4 that You shall not use the Information for any unlawful purpose or in any unlawful manner;

 

4.1.5 that You shall not transmit through the Website any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material.

 

4.1.6 that You shall not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.

 

4.1.7 that You shall not use the Website or the Information in any manner which may constitute an infringement of any third party rights (including but not limited to rights of copyright, trademark or confidentiality);

 

4.1.8 that You shall not run any tools on the Website that systematically retrieve web pages for offline or online viewing; whether it be for personal, commercial, experimental, educational or any other use;

 

4.1.9 that all rights in Intellectual Property (including without limitation copyright, trademarks and all other rights) whatsoever in the Information and the Website shall remain vested in the TimeXchange at all times;

 

4.1.10 that You will indemnify and keep indemnified the TimeXchange against all claims, liabilities, damages, costs and expenses including legal fees arising out of any misuse of the Information or the Website or breach of your obligations under his agreement.

 

4.2 The User agrees that in respect of the TimeXchange content sharing, the Client is permitted to share via Facebook and Twitter post-transaction subject to Facebook and Twitter's terms and Conditions respectively.

 

5. Client Obligations

 

5.1 No Agreement in respect of any Services shall exist between us and the Client until your registration has been accepted by us by means of a Registration Confirmation (whether or not funds have been deducted from your account). If we do not accept your registration and funds have already been deducted, these will be fully refunded.

 

5.2 Registrations must be submitted electronically via the Website. To do so, the Client will be required to follow the online registration process. When doing so, the Client will be required to complete certain required fields on a form. This may include the provision of security information such as your identification details and password(s). The Client agrees to be responsible for ensuring that such security information is kept secure and confidential at all times. The Client must inform us immediately if the Client becomes aware of or suspect any unauthorised use of these security details or if they become available to an unauthorised party.

 

5.3 By subscribing for or using any Service, the Client warrants that all information submitted by the Client is true, current and complete. the TimeXchange Ltd reserves the right to verify the eligibility of all Clients.

 

5.4 Without prejudice to its rights in terms of Condition 10 hereof, the TimeXchange is entitled to suspend or terminate the Client's use of the Service if the Client fails to comply with any of its obligations under Conditions 4 and 5 above.

 

5.5 The Client is responsible for providing a satisfactory level of cooperation and for providing all necessary Client Information and facilities to enable the TimeXchange to produce and deliver a quality service, including the provision of:

 

5.5.1 the necessary Client Information for registration including name, home address, delivery address, email address, landline and mobile telephones.

 

5.5.2 the correct description and classification of the Item.

 

5.5.3 f the correct measurements and quantity of the Item.

 

5.5.4 provision of the correct financial details.

 

5.6 It is critical that the Client is clear with regard to their responsibilities in respect of an Exchange. The Client acknowledges that any Exchange made or agreed is final and agrees to take the appropriate actions, complete appropriate tasks and fulfil their responsibilities as a Client and party conducting an Exchange.

 

5.7 The Client is responsible for the Client Content displayed on the Website. The Client Content that is published relating to each Exchange is provided by Clients and the TimeXchange does not warrant the accuracy, truthfulness, advice or completeness of any Exchange terms described.

 

5.8 With regard to international transactions, where applicable, the Client is responsible for paying all export or customs charges including local taxes and any export duty due.

 

5.9 The Client can communicate with other Clients through the TimeXchange website, through (my groups and messages) provided in (my account).

 

5.10 the TimeXchange will not tolerate any bullying or abusive language and in this regard has provided contact buttons, so that Clients can inform Us of any inappropriate behaviour.

 

5.11 The Client is solely responsible for the contents of your transmissions through the Service. You must ensure that your participation in any Exchange does not violate any applicable laws or regulations and you undertake to check that you are not so prohibited from doing so by any law or regulation. In particular, the Client may not Exchange property which requires a written contract, which is illegal, which requires a licence to buy or sell (for instance firearms, alcohol or pharmaceutical drugs) or which requires an export licence.

 

5.12 The Client understands and accepts that the following items may not be subject to any

 

Exchange:

 

5.12.1 live animals of any type;

 

5.12.2 pornographic items of any type;

 

5.12.3 recreational drug paraphernalia including, but not limited to, seeds, smoking pipes and legal highs; or

 

5.12.4 weapons including, but not limited to, knives, firearms, air powered guns or rifles and coshes.

 

6. Free Subscription (Exchange)

 

6.1 The Free Subscription Service is subject to the following additional terms and conditions.

 

6.2 The Client must be aware that their use of our Free the TimeXchange Service shall be accompanied by the use of advertising on the Site. The advertising facility is an inherent part of the Free Service offering.

 

6.3 Where the Client has become an Inactive Client (by not using the Service for more than 6 months), the TimeXchange reserves the right to remove the Client's details from our server which will result in immediate termination of the Free Version of the Service.

 

6.4 Any duplicate Free Subscription Services will be cancelled and may result in the individual being prevented from purchasing further from the TimeXchange Site.

 

6.5 From time to time we may request the Client’s feedback on the Free Subscription Services including usability questionnaires and/or your opinion of the Service.

 

6.6 the TimeXchange offers no direct support and in relation to technical support only offers community support only. The Client will have the option to purchase support direct from the TimeXchange.

 

6.7 the TimeXchange reserves the right to change prices or institute new charges for use of the Service at any time. In the event, a price change occurs the Client will be notified and the changes will only take place after current Exchanges are completed.

 

6.8 the TimeXchange will not be liable for any bank charges incurred by the Client.

 

7. Payment of Bond Service Charges

 

7.1. We accept payment in British pounds sterling only.

 

7.2 The Agreement is based upon the Client paying in full any Agreed Bond Amount into the Bond Account in advance of our acceptance of the Client’s deposit, prior to the Service commencing through our Debit and Credit Card Services.

 

7.3 You confirm that the credit/debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, we will not accept your deposit and we will not be liable for any delay or non-delivery and we are not obliged to inform You of the reason for the refusal. We are not responsible for your card issuer or bank charging You as a result of our processing of your credit/debit card payment in accordance with the Bond Confirmation.

 

7.4 The Client shall not be entitled by reason of any set-off, counter-claim, abatement, or other deduction to withhold payment of any amount due to the TimeXchange.

7.6 The Client agrees and understands that the TimeXchange will retain all interest earned as a result of the Service being delivered.

 

7.7 With regard to the Bond Service Completion and the rules governing the Service, the TimeXchange will be the sole arbiter of these issues whose decision is final and binding upon the parties.

 

8. Third Party Websites

 

8.1 The Website contains links to websites operated by parties other than the TimeXchange. Such links are provided for the User's convenience only. the TimeXchange does not control such websites and is not responsible for their content. the TimeXchange’s inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. The User is solely responsible for evaluating the accuracy and completeness of any information contained on the third party websites, and also the value and integrity of any Items and services offered by such websites.

 

8.2 You may only link to this Website with Our express written permission. We expressly reserve the right to withdraw our consent at any time to a link which in our sole opinion is inappropriate or controversial.

 

9. Cancellation by the Client

 

9.1 The Client may cease to use the TimeXchange Service at any time, subject to the Client fulfilling their obligations to the other party to an Exchange.

 

10. Cancellation by Us

 

10.1 the TimeXchange shall be entitled to suspend the Service in accordance with Condition 5.4.

 

10.2 Without prejudice to any other rights to which it may be entitled, the TimeXchange may terminate provision or use of the Service respectively with immediate effect if the Client commits any material breach of any of the terms of this Agreement.

 

10.3 By registering to use the Service and by becoming a Client, the Client agrees to be subject to these Terms and Conditions and to act honestly and truthfully regards the Client’s dealings. In the event, the Client acts counter to these terms and conditions, the TimeXchange reserve the right to delete the Client’s account and block their IP address from using the site in the future.

 

10.4 the TimeXchange will not tolerate Clients being rude or offensive or otherwise abusing the Service in any way including our employees and reserves the right to terminate the Service with immediate effect as a result of such behaviour (at the TimeXchange discretion).

 

10.5 We also support an anti-bullying policy and believe in protecting our workforce and those who use the Service. If a Client has experienced such actions, they are encouraged to contact the TimeXchange on hello@thetimexchange.com, outlining the incident and those involved. the TimeXchange reserve the right to take the appropriate action in regard to these matters, the TimeXchange being the sole arbiter.

 

 

11. Warranties

 

11.1 the TimeXchange undertakes to use reasonable skill and care in providing the Service as described on the Website.

 

11.2 the TimeXchange makes no warranties as to the description of the Exchange, Items or any claims in the advertising or any information provided as part of any Exchange. Exchanges are provided on an "as is the basis", with no express or implied claims to the suitability, functionality, usability or reliability thereof.

 

11.3 the TimeXchange publishes information concerning Exchanges which has been received by us from third parties. As such the TimeXchange are not responsible for Client Content displayed on the Website but will endeavour to monitor Client Content and remove any material that it is found to be inaccurate or offensive. The Client Content that is published relating to each Exchange is provided by Clients and the TimeXchange does not warrant the accuracy, truthfulness, advice or completeness of any Exchange terms described.

 

11.4 the TimeXchange will provide access to Exchanges through content provided by the Client or third parties. the TimeXchange is not responsible for fulfilment of any Exchange and so do not offer any refunds policy.

 

11.5 The Clients involved in an Exchange are responsible for determining the Agreed Bond Amount). The figure agreed and the negotiation surrounding the process of agreement is the sole responsibility of both parties. the TimeXchange has no responsibility with regard to this issue in any way.

 

12. Disclaimer and Limitation of Liability

 

12.1 The User uses the Service at its own risk and in no event shall the TimeXchange be liable for any direct, consequential, incidental or special damage or loss of any kind (except personal injury or death resulting from the TimeXchange’ s negligence) including, but not limited to, inability to use social media, loss of money, the User’s identity theft, loss of or corruption of data or the User's inability to use the Service, however caused and whether arising under contract or tort, including negligence or otherwise except as expressly provided herein.

 

12.2 If any exclusion, disclaimer or other provision contained in these Conditions is held to be invalid for any reason by a court of competent jurisdiction and the TimeXchange becomes liable thereby for loss or damage that may lawfully be limited, such liability whether in contract, tort (including negligence but specifically excluding personal injury or death resulting from the TimeXchange ’s negligence) or otherwise, will not exceed the total value of the Exchange redeemed immediately preceding such liability arising.

 

12.3 The User is responsible for the security of their username, passwords details and should not under any circumstance disclose their username and password and details to a third party or by an email request. the TimeXchange, nor its directors, employees or representatives will be liable for damages arising out of or in connection with the use of this Website or the Client Content, materials or Items included on this Website. This is a comprehensive limitation of liability that applies to all damages of any kind.

 

12.4 It is the Client’s responsibility to maintain and update the browser, firewall or anti-virus and anti-spyware software. The User must protect their computer and/or device and ensure they update all security software by downloading the latest security patches from the relevant software provider.

 

12.5 the TimeXchange cannot guarantee 100% uptime and endeavours to provide services as described on the Website.

 

12.6 the TimeXchange is not responsible for any technical issue with regard to the purchase of any Items. The purchase is post completion of the TimeXchange Service.

 

12.7 The Client must be aware that the Exchanges are time-limited and the Client has until the date displayed on the Website for the relevant Exchange to be made.

 

12.8 The Client is solely responsible for assessing or classifying correctly the suitability of the Item.

 

12.9 In the event of the delivery of the Item, should the Item suffer damage, the incident is not the responsibility of the TimeXchange.

 

12.10 The Client is responsible for paying for all carriage charges including all delivery costs associated with returning an Item and any insurance related charges agreed by the parties.

 

12.11 There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between the TimeXchange and the User or Client.

 

12.12 the TimeXchange is not responsible for the quality of the Items Exchanged or the performance of the other party in an Exchange transaction. The Client must take full responsibility for the buying or selling decisions involved during the Exchange and understands and accepts that any decision made to Exchange is entirely at their own risk.

 

13. Force Majeure

 

13.1 the TimeXchange shall not be liable to the Client or be deemed to be in breach of the Agreement by reason of delay in performing, or any failure to perform, any of our obligations in relation to the Service if the delay or failure was beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control: act of God, explosion, flood, tempest, fire or accident; weather, war or threat of war, sabotage, pandemic flu or virus, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures or any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions, power cuts or trade disputes (whether involving our employees or of a third party); or difficulties in obtaining the System, labour, fuel, parts or machinery.

 

13.2 the TimeXchange cannot be held responsible or deemed in breach of this agreement in any way in respect of third party delays, technical faults, including delivery failures affecting our performance.

 

This website is owned and operated by:

 

the TimeXchange Limited

 

Registered at;

 

82 West Nile Street, Glasgow, G1 2QH, Scotland, United Kingdom,

 

Company No: SC507568

 

Email hello@thetimexchange.com

 

Website: www.thetimexchange.com

 

15. Privacy

 

See Privacy Policy

 

16. Assignation

 

16.1 the TimeXchange Ltd shall be entitled to assign or transfer our obligations or rights to a competent third party or to any associated company whether in whole or in part. You may not assign or transfer any of your rights or obligations without our written consent.

 

17. Miscellaneous

 

17.1 These terms and conditions contain all the terms of your agreement with us relating to your use of this Website. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated. Your use of this Website, any downloaded material from it, use of the Service, this Agreement and the operation of these terms and conditions shall be governed by, construed and interpreted in accordance with the laws of Scotland and the Client agree to submit to the non-exclusive jurisdiction of the Scottish courts.

 

18. General

 

18.1 Failure or delay by the TimeXchange in enforcing any term of the Agreement shall not be construed as a waiver of any of its rights under it.

 

18.2 The illegality, invalidity or unenforceability of any part of this Agreement will not affect the legality, validity or enforceability of the remainder.