Terms & Conditions

Introduction

Welcome to Jelly Selly. By accessing www.JellySelly.com and its related websites, services, applications or tools (Collectively referred to as "Jelly Selly") you are agreeing to the following terms, including those available by hyperlink, which are designed to make sure that Jelly Selly works for everyone. Jelly Selly is provided to you by Buy Me A Business Limited, 20-22 Wenlock Road, London, N17GU, United Kingdom registered in England and Wales with number 12320464. These Terms of Use constitute a legally binding agreement between you and Buy Me A Business Limited and are effective as of 25 June 2020 for current users, and upon acceptance for new users. You accept these Terms of Use when registering a Jelly Selly account and by otherwise accessing Jelly Selly, including posting an ad; or as otherwise indicated on Jelly Selly. 

Using Jelly Selly

As a condition of your use of Jelly Selly you agree that you will not:

  • violate any laws;
  • violate the Policies;
  • post any threatening, abusive, defamatory, obscene or indecent material;
  • post or otherwise communicate any false or misleading material or message of any kind;
  • infringe any third-party right;
  • distribute spam, chain letters, or promote pyramid schemes;
  • distribute viruses or any other technologies that may harm Jelly Selly or the interests or property of Jelly Selly users;
  • impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Jelly Selly;
  • copy, modify, or distribute any other person's content without their consent;
  • use any robot spider, scraper or other automated means to access Jelly Selly and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • copy, modify or distribute rights or content from Jelly Selly or Jelly Selly's copyrights and trademarks;
  • harvest or otherwise collect information about users, including email addresses, without their consent;
  • bypass measures used to prevent or restrict access to Jelly Selly;
  • use any tool that interferes with the normal functioning of Jelly Selly, including, without limitation, browser plug-ins (including, but not limited to, FreeTheTree), extensions, or other software which are designed to supplement, remove or otherwise change any of Jelly Selly’s functionalities; or
  • sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.

You are solely responsible for all information that you submit to Jelly Selly and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of Jelly Selly either temporarily or permanently, or refuse a user's registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on Jelly Selly, we may, at our discretion, inform other Jelly Selly users that have been in contact with you and recommend that they exercise caution.

Abusing Jelly Selly

Jelly Selly and the Jelly Selly community work together to keep Jelly Selly working properly and the community safe. Please report problems, offensive content and policy breaches to us using the Feedback button on the right of the screen.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Jelly Selly if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the Jelly Selly employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off Jelly Selly or not, we do not have any obligation to monitor the information transmitted or stored on Jelly Selly and we do not accept any liability for unauthorised or unlawful content on Jelly Selly or use of Jelly Selly by users.

Fees and Services

If the service you use incurs a fee, you'll be able to review and accept terms at the time you post or upgrade your ad. Our fees are quoted in US Dollars, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on Jelly Selly. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

You are responsible for paying the Jelly Selly fees when they're due. If you don't, without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

You acknowledge that your ads may be deleted from Jelly Selly in case we believe these Terms of Use, including our Posting Rules, are breached, either directly or indirectly. In case you would have paid a fee for the display of such ad, you may be entitled to a refund of such fee. However, we reserve the right not to refund Jelly Selly users for any fees paid through the use of Jelly Selly in the following cases:

  • If you breach, in our opinion, these Terms of Use, which include, without limitation, the Policies;
  • If your ads went live with exposure on the Jelly Selly sites, services, applications or tools, even for a limited time, and that they benefited from the service associated with the paid fee;
  • If you have removed your ads yourself;
  • If you post duplicate ads;
  • If we believe that your ads are in a significantly wrong category;

Content

Jelly Selly contains content from you, and other users. Jelly Selly is protected by copyright laws and international treaties. Content displayed on or via Jelly Selly is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Jelly Selly without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Jelly Selly. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Jelly Selly (other than your own content). When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future including, without limitation, on any third party Platforms and media channels. In particular, by giving us content, you grant us the right to display such content on Platforms that are part of the global Jelly Selly community, such as our classifieds sites in other countries, and on other online marketplaces, social media channels, blogs, in all types of marketing communications and on all other Platforms. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

Jelly Selly may at times use third party data suppliers to supplement the information you have provided in an ad. This could include descriptions, product specifications and other content. You may use such information solely in connection with your Jelly Selly ad while your ad is on Jelly Selly. The information provided may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content (other than by including them in your ads). This permission is subject to modification or revocation at any time at Jelly Selly's sole discretion.

You may not have the opportunity to review all of the supplemental data before posting an ad. Jelly Selly is not responsible for the accuracy of any third party supplied supplemental data. You continue to be responsible for ensuring that your ads are accurate, do not include misleading information and fully comply with these Terms of Use and all Jelly Selly policies. If you notice inaccuracies in this data after your ad appears on the site please get in touch with us.

Infringement

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of products of all sorts are offered on Jelly Selly by private individuals. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Jelly Selly.

Reporting an infringement:

In order to participate in the Notice of Infringement Programme, you only need to complete a Notice of Infringement Form and email it to Jelly Selly at [email protected]. You can use this form, complete with your signature, to report advertisements which may infringe on your property rights. The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorised representative. This information must also enable Jelly Selly to identify the advertisement to be removed. Once we have received your correctly completed Notice of Infringement Form, you can simply send later reports to Jelly Selly via the email address provided.

Note: This form can only be used by the lawful owners of the relevant intellectual property rights. The "Notice of Infringement" is intended to enable rights owners to ensure that products offered by Jelly Selly users do not infringe their copyright, trademark rights or other intellectual property rights. For all other questions, visitors and advertisers can get help using Jelly FAQ page or the Contact Us form.

Liability

Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

We do not always review users' postings and are not involved in the actual transactions between users. As most of the content on Jelly Selly comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use Jelly Selly, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to liability, and (b) 100 Pounds Sterling.

Release

If you have a dispute with one or more Jelly Selly users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

Third party rights

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

Data Protection and Privacy

By using Jelly Selly, you agree to the collection, transfer, storage and use of your personal information by Jelly Selly on servers located in the United States.

You and Jelly Selly shall process personal data received under and/or in connection with this User Agreement each as a separate and independent controller. In no event will Jelly Selly and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection law.

You shall comply with your obligations under applicable data protection law (including but not limited to the Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”)) and supplementing EU and local data protection law. This includes, but is not limited to the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organization. You shall process personal data received from Jelly Selly exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g., if a retention obligation applies).

Failure to abide with the aforementioned obligations may result in disciplinary action up to and including account suspension.

Resolution of disputes

If a dispute arises between you and Jelly Selly, we strongly encourage you to first contact us directly to seek a resolution by going to the Jelly Selly Contact Us page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General

These terms and the other policies posted on Jelly Selly constitute the entire agreement between Jelly Selly and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

This Agreement shall be governed and construed in all respects by the laws of England and Wales. You agree that any claim or dispute you may have against Buy Me A Business Limited must be resolved by the courts of England and Wales. You and Jelly Selly both agree to submit to the non-exclusive jurisdiction of the English Courts; for claims falling within the jurisdiction of a County Court, you and Jelly Selly both agree to submit to the jurisdiction of the County Court of Wandsworth.

If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to Buy Me A Business Limited, 20-22 Wenlock Road, London, N17GU, United Kingdom. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.

We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the Jelly Selly website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.

For any help with using Jelly Selly please see the Jelly Selly FAQ page.