Terms & Conditions

LocalBurgh Terms of Use

Introduction

Welcome to LocalBurgh. By accessing www.localburgh.com and its related websites, services, applications or tools you are agreeing to the following terms. These Terms of Use constitute a legally binding agreement between you and LocalBurgh.com Limited and are effective as of 1 April 2020 for current users, and upon acceptance for new users. You accept these Terms of Use by clicking the "Create Account" button when registering a LocalBurgh account and by otherwise accessing LocalBurgh.

Using LocalBurgh

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

  • violate any laws;
  • 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 LocalBurgh or the interests or property of LocalBurgh users;
  • impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of LocalBurgh;
  • copy, modify, or distribute any other person's content without their consent;
  • use any robot spider, scraper or other automated means to access LocalBurgh 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 LocalBurgh
  • harvest or otherwise collect information about users, including email addresses, without their consent;
  • 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 LocalBurgh 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 LocalBurgh 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 LocalBurgh, we may, at our discretion, inform other LocalBurgh users that have been in contact with you and recommend that they exercise caution.

Abusing LocalBurgh

LocalBurgh and the LocalBurgh community work together to keep LocalBurgh working properly and the community safe. Please report problems, offensive content and policy breaches to us using our contact us page.

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 LocalBurgh 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 LocalBurgh employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off LocalBurgh or not, we do not have any obligation to monitor the information transmitted or stored on LocalBurgh and we do not accept any liability for unauthorised or unlawful content on LocalBurgh or use of LocalBurgh by users.

Fees and Services

Our fees are quoted in Pounds Sterling, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on LocalBurgh. 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 LocalBurgh 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.

Content

You agree not to copy, distribute or modify content from LocalBurgh without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in LocalBurgh. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of LocalBurgh (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.

You may not have the opportunity to review all of the supplemental data before posting an ad. LocalBurgh 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 LocalBurgh 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). 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 LocalBurgh.

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.

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.

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 LocalBurgh, 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.

Release

If you have a dispute with one or more LocalBurgh 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 LocalBurgh, you agree to the collection, transfer, storage and use of your personal information by LocalBurgh.

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 organisation. You shall process personal data received from eBay 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 LocalBurgh, we strongly encourage you to first contact us directly to seek a resolution by going to the LocalBurgh FAQs 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 LocalBurgh constitute the entire agreement between LocalBurgh 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 Scotland. You agree that any claim or dispute you may have against LocalBurgh.com Limited must be resolved by the courts of Scotland. You and LocalBurgh both agree to submit to the non-exclusive jurisdiction of the Scottish Courts; for claims falling within the jurisdiction of a County Court, you and LocalBurgh both agree to submit to the jurisdiction of the relevant County Court.

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 LocalBurgh.com 20 Springvalley Gardens, EH104QE Edinburgh, UK. 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 LocalBurgh website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.

Alcohol Policy

 

What is the policy?
  • You must be approved before listing alcohol
    • Approved sellers must abide by our Terms and Conditions when listing wine and include all required information in their description
  • All other types of alcohol are not allowed, including wine from                  non-Localburgh approved sellers
Requests for approval to sell alcohol
  • You must be registered as a business seller on Localburgh, carry the required licenses to sell, post and deliver alcohol, and provide these details to our team by emailing localburgh@gmail.com
  • You must also have an effective age verification process in place for preventing sales to prospective customers who are underage. The age verification process must meet standards that satisfy due diligence.

 Sellers must include the following required information within their business page know as ‘Shop Front’ description:

  • A link to our alcohol policy page: https://localburgh.com/pages/terms-and-conditions#alcoholpolicy
  • A lawful postage policy that specifies the country to which you can post alcohol products (if any), and any restrictions on such shipments (for example, whether alcohol products can be posted directly to consumers) sellers may include a link to their own website policy and terms page.
  • The buyer's age requirement: buyers must be at least 18 years old to purchase alcohol
  • Language, i.e. "Permitted sellers of alcohol products on Localburgh", which lets buyers know that the seller has been permitted by Localburgh to list alcohol products
Terms and Conditions for sellers and buyers of alcohol

Activity that doesn't follow Localburgh policy could result in a range of actions including for example: administratively ending or cancelling listings, hiding or demoting all listings from search results, lowering seller rating, buying or selling restrictions, and account suspension. All fees paid or payable in relation to listings or accounts on which we take any action will not be refunded or otherwise credited to your account.