Terms and Conditions
CHANGE AHEAD TERMS AND CONDITIONS
This document sets out the terms and conditions (“Terms”) on which you (“you”, “User” or “Service Provider”) may use:
i) the Homeless To Wellness Limited (“CHANGE AHEAD, “us” “we” or “our”) website at https://www.changeahead.org.uk; and
ii) the CHANGE AHEAD platform, for the purposes of these Terms, both the website and the application shall be referred to as the “Platform”.
The Platform facilitates the Sharing of Services Information relating to the Services through the Platform.
Please read these terms carefully before using the Platform. By using the Platform, you agree to comply with and be legally bound by these Terms, whether or not you become a registered User or Service Provider of the CHANGE AHEAD Facilities or Services. These Terms govern your access to and use of the Platform and constitute a binding legal agreement between you and CHANGE AHEAD. You are advised to print and retain a copy of these Terms for your future reference.
– Section A contains general provisions which apply to all Users of the Platform.
– Section B applies to Users.
– Section C applies to Service Providers.
For the purposes of these Terms:
“User” means the user of the Services that are shared by the Sharing of Information;
“Services” means the services which are offered by the Service Provider and shared with the User;
“Platform” means the Platform’s software as a service platform;
“Sharing of Services Information” means the sharing of information of any of the Services
“Service Provider” means a person who offers the Services
“CHANGE AHEAD Facilities” means the facilities offered by CHANGE AHEAD.
SECTION A: GENERAL PROVISIONS
1. INFORMATION ABOUT CHANGE AHEAD AND THE APP
1.1 The Platform is owned, managed, operated and maintained by CHANGE AHEAD Limited, (company number: 11928222), and having its registered address at Argyle House, Joel Street, Northwood, England, HA6 1LL, United Kingdom.
1.2 CHANGE AHEAD is an online platform which allows Service Providers to share (“Share”) Services on the Platform for the purpose of the Sharing of Services Information with the User. The Platform also allows Users to search for (“Browse”) the CHANGE AHEAD Facilities or Services.
1.3 The Users and Service Providers can also create personal CHANGE AHEAD profiles (“Profiles”), communicate with other CHANGE AHEAD Users, Service Providers and CHANGE AHEAD (via the forum and otherwise), provide feedback on their experiences and use such other CHANGE AHEAD Facilities and Services available on the Platform from time to time.
1.4 CHANGE AHEAD shall be entitled at its own discretion to suspend the Platform for any reason whatsoever, including, but not limited to, repairs, planned maintenance or upgrades to the Platform. CHANGE AHEAD shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the Platform, including, but not limited to, preventing you from using the Platform or using any of the CHANGE AHEAD Facilities or Services available on the Platform.
1.5 CHANGE AHEAD reserves the right to make any changes to the Platform including any functionalities and content therein or to discontinue any aspect of the same without notice to you.
1.6 CHANGE AHEAD relies on third party providers (such as network providers, data centres and telecommunication providers) to make and host the Platform and the content therein and the CHANGE AHEAD Facilities and Services available to Users and Service Providers. Whilst CHANGE AHEAD takes all reasonable steps available to it to provide you with a good level of service, you acknowledge and agree that CHANGE AHEAD does not warrant that the Platform shall be uninterrupted or fault-free at all times. CHANGE AHEAD therefore shall not be liable in any way for any losses, damages, costs or expenses you may suffer as a result of delays or failures of the CHANGE AHEAD Facilities and Platform as a result of CHANGE AHEAD or its service providers.
1.7 CHANGE AHEAD may be contacted at Argyle House, Joel Street, Northwood, England, HA6 1LL, United Kingdom or by email at: [email protected].
2. WARRANTIES
2.1 By registering your details with CHANGE AHEAD as a User or Service Provider, you warrant that:
2.1.1 you are legally capable of entering into binding contracts;
2.1.2 you are at least 18 years old;
2.1.3 the information provided by you to CHANGE AHEAD is true, accurate and correct. Youfurther warrant that you shall promptly notify CHANGE AHEAD in the event of any changes to such information; and
2.1.4 you are not in any way prohibited by the applicable law in the jurisdiction in which you are currently located to enter into these Terms for the use of the CHANGE AHEAD Facilities or Services.
3. REGISTRATION
3.1 In order to browse the CHANGE AHEAD Facilities or Services as a User or Service Provider within the Platform, you must firstly complete the registration form and set up an account as a CHANGE AHEAD User or Service Provider (“Account”).
3.2 All registered Users and Service Providers are able to use the Platform both as a User and a Service Provider, and are subject to the Terms in relation to User and Service Provider, as applicable.
3.3 When you register with CHANGE AHEAD you will be asked if you agree to these Terms; the End User License Agreement and agree to your personal data being used in accordance with our Privacy Policy.
3.4 CHANGE AHEAD may give you the opportunity to invite friends (for example by email, SMS, Facebook or WhatsApp) to join the Platform. CHANGE AHEAD is not liable for any communication that you make via such third-party applications, websites or other forms of media.
3.5 You shall keep your registration details for the Platform (“Login Details”) confidential and secure. Without prejudice to any other rights and remedies available to CHANGE AHEAD, CHANGE AHEAD reserves the right to promptly disable your Login Details and suspend your access to the Platform in the event that CHANGE AHEAD has any reason to believe you have breached any of the provisions in these Terms.
3.6 Notwithstanding the foregoing, CHANGE AHEAD reserves the right to:
3.6.1 accept or reject your application to register for any reason; and
3.6.2 suspend your Account and/or refuse you access to the CHANGE AHEAD Facilities or Services and/or Platform (partly or wholly) if you breach any of the provisions in these Terms.
3.6.3 No action or inaction on the part of CHANGE AHEAD to exercise its rights in accordance with 3.6.1 and/or 3.6.2 shall be taken as an acceptance of any actions or inactions on your part.
4. USER OBLIGATIONS
4.1 You agree that you are solely responsible and liable for all activities carried out by your use of the Platform, including, but not limited to, for the content of any communication made when using or about the Platform.
4.2 You shall not upload to the Platform (through your use of the CHANGE AHEAD Facilities Services), any information, reviews, comments, images, third party URL links or other material whatsoever in any format (“User Submissions”), whether within your personal Profile, when submitting a review in relation to another User or elsewhere on the Platform that, in CHANGE AHEAD’s reasonable opinion, may be deemed to be offensive, illegal, inappropriate or that in any way:
4.2.1 promotes racism, bigotry, hatred, homophobia or physical harm of any kind against any group or individual;
4.2.2 harasses or advocates harassment of another person;
4.2.3 displays pornographic or sexually explicit material;
4.2.4 promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;
4.2.5 promotes any illegal activities;
4.2.6 provides instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
4.2.7 promotes or contains information that you know or believe to be inaccurate, false or misleading;
4.2.8 engages in or promotes commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of CHANGE AHEAD; or
4.2.9 infringes any rights of any third party (including, but not limited to, their intellectual property rights).
4.3 You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on the Platform whether or not the submission of such User Submission is part of the CHANGE AHEAD facilities or Services. You agree that CHANGE AHEAD may, at its sole discretion, choose to display or to remove any User Submission or any part of the same that you make on the Platform, and you hereby grant to CHANGE AHEAD a non-exclusive, perpetual, irrevocable, worldwide license to do so.
4.4 You hereby grant to CHANGE AHEAD a non-exclusive, irrevocable license to make the User Submissions available to other Users of the Platform.
4.5 If you believe that any User Submission made by another User is inappropriate, please contact CHANGE AHEAD using www.changeahead.org.uk. CHANGE AHEAD shall use its reasonable endeavours to review the relevant User Submission as soon as is practicable and shall take such action as it deems necessary, if any at all. If a User Submission is deemed to be in breach of these Terms, CHANGE AHEAD reserves the right at its absolute discretion to suspend a User Account.
4.6 You further agree that at all times, you shall:
4.6.1 not use your Login Details with the intent of impersonating another person;
4.6.2 not allow any other person to use your Login Details;
4.6.3 not use the information presented on the Platform or provided to you by CHANGE AHEAD for any commercial purposes;
4.6.4 not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Platform;
4.6.5 not infringe any rights of any third parties (including, but not limited to, their intellectual property rights);
4.6.6 comply with all instructions and policies from CHANGE AHEAD from time to time in respect of the use of the Platform, the CHANGE AHEAD Facilities or Services and the Platform;
4.6.7 co-operate with any reasonable security or other checks or requests for information made by CHANGE AHEAD from time to time; and
4.6.8 use the information made available to you on the Platform and through the CHANGE AHEAD Facilities or Services at your own risk.
4.7 In the event that you have a dispute with any other User of the Platform, you hereby release CHANGE AHEAD from any claims, demands, losses. expenses and damages (whether direct, indirect actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.
5. EXCLUSION OF WARRANTIES AND CHANGE AHEAD’S LIMITATION OF LIABILITY
5.1 Subject to conditions 5.4 and 5.5, if CHANGE AHEAD fails to comply with these Terms, CHANGE AHEAD shall be given a reasonable opportunity to rectify any errors and to re-perform its obligations hereunder. If CHANGE AHEAD’s failure to comply with its obligations is not remedied in accordance with this clause 5.1, then CHANGE AHEAD shall only be liable for losses, damages, costs or expenses which are a reasonably foreseeable consequence of such failure (whether arising in contract, tort (including negligence) or otherwise), up to a maximum of one hundred pounds sterling (£100).
5.2 Further, you acknowledge and agree that where the Platform includes views, opinions, advice or recommendations, such views, opinions, advice and recommendations are not attributed to CHANGE AHEAD nor are they endorsed by CHANGE AHEAD and to the maximum extent permitted by law, excludes all liability for the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such views, opinions, advice or recommendations.
5.3 CHANGE AHEAD does not routinely monitor or control any User Submission, or other information made available to you through your use of the Platform, the CHANGE AHEAD Facilities, Services and/or the Platform. Consequently, CHANGE AHEAD does not warrant or guarantee the accuracy, correctness, reliability or suitability in respect of any User Submission or any other information made available to you through your Sharing of Services Information of Services offered, the CHANGE AHEAD Facilities, the Services and/or the Platform. CHANGE AHEAD cannot advise you or assist you in making or refraining from making a decision, or in deciding on a course or specific cause of action. If you intend to use and/or rely upon any User Submission or any other information made available to you through your use of the Platform, the CHANGE AHEAD Facilities, Services and/or the Platform, you do so at your own risk and liability. If CHANGE AHEAD is made aware that a User Submission is incorrect, it may correct the User Submission as it sees fit. For example, if a CHANGE AHEAD Facilities or Service has been incorrectly categorised.
5.4 In accordance with condition 4.5, other Users may report to CHANGE AHEAD any User Submission that is deemed by the other User to be incorrect or inappropriate and CHANGE AHEAD will investigate all such reports and reserves the right to deal with the User Submission and the User, as it sees fit.
5.5 Subject to condition 5.6, CHANGE AHEAD shall not be liable for losses (whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable) that result from its failure to comply with these Terms that fall into the following categories:
5.5.1 consequential, indirect or special losses;
5.5.2 loss of profits, income or revenue;
5.5.3 loss of savings or anticipated savings, interest or production;
5.5.4 loss of business or business benefits;
5.5.5 loss of contracts;
5.5.6 loss of opportunity or expectations;
5.5.7 loss of goodwill and/or reputation;
5.5.8 loss of marketing and/or public relations time and/or opportunities;
5.5.9 loss of data;
5.5.10 loss of management or office time; or
5.5.11 any other losses howsoever arising.
5.6 Nothing in these Terms excludes or limits CHANGE AHEAD’s liability for:
5.6.1 death or personal injury caused by its negligence;
5.6.2 fraud or fraudulent misrepresentation by CHANGE AHEAD; or
5.6.3 any other matter for which it would be illegal for CHANGE AHEAD to exclude or attempt to exclude its liability.
5.6.4 Commentary and other materials posted on the Platform or provided by CHANGE AHEAD are not intended to amount to advice on which reliance should be placed. CHANGE AHEAD therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any User of the Platform, or by anyone who may be informed of any of its contents. Further, responsibility for decisions taken on the basis of information, suggestions and advice given to you by CHANGE AHEAD shall remain solely with you.
5.7 CHANGE AHEAD does not in any way participate nor shall it be liable in any way for whatever reason for any communication, transaction, meet-up, set-up or relationship between you and other Users. CHANGE AHEAD therefore recommends that you take all safety precautions when contacting, socialising and engaging in social gatherings or meetings, including without limitation with regard to the Sharing of Services Information with other Users.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 CHANGE AHEAD and its licensors own all the intellectual property rights in and relating to the Platform, CHANGE AHEAD Facilities, Services and Platform.
6.2 You are expressly prohibited from:
6.2.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Platform except for the purposes of sharing content on social media such as Twitter, Facebook, etc; and
6.2.2 removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by CHANGE AHEAD or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of CHANGE AHEAD or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to CHANGE AHEAD.
6.3 Provided that CHANGE AHEAD is unaware of any infringement of any third-party intellectual property rights at the time you submit any User Submissions, CHANGE AHEAD shall not be liable in any way to you or any third party for any breach of such rights subsequently notified to you or CHANGE AHEAD.
7 PRIVACY AND DATA PROTECTION
7.1 We will only use your personal information as set out in our Privacy Policy.
8. FORCE MAJEURE
8.1 CHANGE AHEAD shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control (“Force Majeure Event”).
8.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond CHANGE AHEAD’s reasonable control and includes in particular (without limitation) the following:
8.2.1 strikes, lock-outs or other industrial action;
8.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
8.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
8.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
8.2.5 impossibility of the use of public or private telecommunications networks; and
8.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
8.3 CHANGE AHEAD’s performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and CHANGE AHEAD shall have an extension of time for performance for the duration of that period. CHANGE AHEAD will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under these Terms may be performed despite the Force Majeure Event.
9. COMPLAINTS AND TERMINATION
9.1 If you wish to lodge a complaint about another User for breaching any of these Terms, you may do so by sending CHANGE AHEAD details of your complaint by emailing [email protected]. CHANGE AHEAD will use its reasonable endeavours to respond to your complaints within a reasonable time and to take reasonable action which it deems appropriate to resolve or rectify the subject matter of such complaints.
9.2 CHANGE AHEAD may suspend or terminate your use of the CHANGE AHEAD Facilities or Services and/or Platform if:
9.2.1 any of CHANGE AHEAD’s third party communication network providers cease to make their services available to CHANGE AHEAD for any reason;
9.2.2 CHANGE AHEAD believes you or someone using your login details has failed to comply with one or more of these Terms;
9.2.3 CHANGE AHEAD believes there has been fraudulent use, misuse or abuse of the CHANGE AHEAD Facilities or Services; or
9.2.4 CHANGE AHEAD believes you have provided any false, inaccurate or misleading information.
9.2.5 On termination, your access to the Platform shall cease and CHANGE AHEAD may delete your Profile.
10. GENERAL
10.1 If CHANGE AHEAD fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
10.2 A waiver by CHANGE AHEAD of any default shall not constitute a waiver of any subsequent default.
10.3 No waiver by CHANGE AHEAD of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
10.4 For the avoidance of doubt, references to ‘writing’ shall be deemed to include email.
10.5 CHANGE AHEAD reserves the right to use third party suppliers or sub-contractors at any time and in any way, in respect of the performance of its obligations under these Terms.
10.6 If any of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
10.7 These Terms and any document expressly referred to in them represent the entire agreement between you and CHANGE AHEAD in respect of your use of the Platform and your use of the Platform and the CHANGE AHEAD Facilities or Services, and shall supersede any prior agreement, understanding or arrangement between you and CHANGE AHEAD, whether oral or in writing.
10.8 You acknowledge that in entering into these Terms, you have not relied on any representation, undertaking or promise given by or implied from anything said or written whether on the Platform, the internet or in negotiation between you and CHANGE AHEAD except as expressly set out in these Terms.
10.9 CHANGE AHEAD may alter or amend our Terms by giving you reasonable notice. By continuing to use the Platform after expiry of the notice period, or accepting the amended Terms (as we may decide at our sole discretion), you will be deemed to have accepted any amendment to these Terms. If, on receipt of such notice, you wish to terminate your access to the Platform, you may do so by giving us not less than 7 (seven) day’s written notice, (which may be by e-mail), such termination to take effect on the date upon which the amended Terms would otherwise have come into effect.
10.10 These Terms are governed by and construed in accordance with English law. The Courts of England and Wales shall have exclusive jurisdiction over any disputes arising out of these Terms.
10.11 If any dispute arises in connection with these Terms, the parties will attempt to settle it by correspondence and for business users by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties within 14 days of notice of the dispute, the mediator will be nominated by CEDR.
10.12 The mediation will take place in London; England and the language of the mediation will be English. The Mediation Agreement referred to in the Model Procedure shall be governed by, and construed and take effect in accordance with the substantive law of England and Wales. If the dispute is not settled by mediation within 14 days of commencement of the mediation or within such further period as the parties may agree in writing, the dispute shall be referred to the courts of England and Wales
SECTION B: USER’S TERMS AND CONDITIONS
11. INTRODUCTION
Upon registration as a User, and in consideration of your compliance with these terms and conditions, CHANGE AHEAD will provide you with the CHANGE AHEAD Facilities or Services as described in this section B. You are a User if you request and make arrangements to receive information of the CHANGE AHEAD Facilities or Services through the Platform.
12. USER CHANGE AHEAD Facilities
12.1 Subject to condition 1.5 of Section A above, the User CHANGE AHEAD Facilities will comprise of the following:
12.1.1 the facility to create a Profile page (including a photo) which can be accessed by the Service Providers;
12.1.2 the ability to search for CHANGE AHEAD Facilities or Services offered from Service Providers who have registered with the Platform;
12.1.3 the ability to communicate with other Service Providers and Users using the Platform;
12.1.4 the facility to review and/or submit feedback on Service Provider; and
12.1.5 access to any other features and functionality for the User CHANGE AHEAD Facilities provided by CHANGE AHEAD from time to time.
12.2 You acknowledge and agree that all sharing of Services is subject to acceptance by the Service Providers. The agreement to share the Services is created between you and the Service Provider, which will only be formed once you have received such acceptance. CHANGE AHEAD is not responsible for either party’s performance under such an agreement and CHANGE AHEAD makes no guarantee that the obligations of either party under the agreement will be fulfilled.
13. ADDITIONAL OBLIGATIONS AS A USER
13.1 You must at all times use the User CHANGE AHEAD Facilities and the Platform in accordance with these Terms. In particular, all content and material uploaded to or forming part of your Profile must comply with the rules relating to User Submissions set out in Section A of these Terms.
13.2 As a User, you are responsible for:
13.2.1 ascertaining the identity of any Service Providers;
13.2.2 ensuring you have sufficient information relating to any health & safety risks, including ascertaining that the Service Provider is, where applicable, registered or licensed as appropriate with the relevant authority. This may include being registered or licensed;
13.2.3 any review of a Service Provider being fair, honest and reasonable; and
13.3 In using the User CHANGE AHEAD Facilities, you must:
13.3.1 not provide information (including in your Profile) which you know to be inaccurate, false, incomplete, untrue or is or may be deemed to be a misrepresentation of the facts; and
13.3.2 immediately notify CHANGE AHEAD in the event you have any reason to believe or suspect that a Service Provider has breached any of the terms under Section A or that any Service Provider Profile is not genuine, or is false, inaccurate and/or incomplete.
14. ADDITIONAL EXCLUSION OF WARRANTIES
14.1 You acknowledge and agree that the CHANGE AHEAD Facilities provided by CHANGE AHEAD are limited to providing you with a forum to attempt to source Items and connect you with Service Provider. When you use the User CHANGE AHEAD Facilities, CHANGE AHEAD does not warrant or guarantee:
14.1.1 that you will find Services suitable to your specific needs or other requirements;
14.1.2 the status of any Service Provider as a business or that they are compliant with any standards set by the relevant food competent authority;
14.1.3 the premises used by a Service Provider are suitable to provide the Services or, where applicable, registered with their local environmental health department;
14.1.4 that the Service Provider's Profiles are genuine;
14.1.5 that any information or documentation made available on a Service Provider’s Profile is authentic, valid, accurate or otherwise complete; or
14.1.6 the identity of the Service Provider using the Platform.
14.2 CHANGE AHEAD is not responsible in any way for the quality or supply of any Services by the Service Providers. Services are to be provided by the Service Providers on terms and conditions as may be agreed between you and the Service Provider.
14.3 In the event there is a dispute between you and any Service Provider, or if the Services provided by a Service Provider are not provided to a satisfactory standard or at all, you agree CHANGE AHEAD is not liable (including but not limited to any loss, damages, costs or expenses or personal injury) suffered or incurred by you in the course of receiving such Services from a Service Provider, and you release and hold harmless CHANGE AHEAD from anything you may suffer or any liability in relation to such dispute.
SECTION C: SERVICE PROVIDER TERMS AND CONDITIONS
If you are a Service Provider and wish to use the Service Provider CHANGE AHEAD Facilities, you may do so in accordance with the terms of this Section C. You are a Service Provider if you add Services to the CHANGE AHEAD platform, whether for payment or for free.
INTRODUCTION
Upon registration as a Service Provider, in consideration of your compliance with these terms and conditions, CHANGE AHEAD will provide you with the Seller CHANGE AHEAD Facilities as described in this Section C below.
16. SELLER CHANGE AHEAD Facilities
16.1 Subject to condition 1.5 of Section A above, the Seller CHANGE AHEAD Facilities will comprise the following:
16.1.1 the facility to create a Profile page (including a photo), which can be accessed by the Buyers;
16.1.2 the ability to advertise Services;
16.1.3 the ability to specify when you are able to supply Services to Users and at what location and preferred times;
16.1.4 the ability to post reviews and/or submit feedback about Users; and
16.1.5 any other features and functionalities of the Service Provider CHANGE AHEAD Facilities provide by CHANGE AHEAD to you from time to time.
17. YOUR ADDITIONAL OBLIGATIONS AS A SERVICE PROVIDER
17.1 By choosing to be a Service Provider and to share information about Services to Users through the Platform, further to the general obligations on you as a Service Provider under section A of these Terms, you agree that all information submitted by you, the supply of the Items, and any other information provided or comments made to Users through the Platform, must:
17.1.1 be accurate, correct and up-to-date;
17.1.2 be provided with all reasonable care and skill in a manner consistent with generally accepted standards in the industry in which you operate, if any;
17.1.3 not breach any applicable statutory or regulatory requirements
17.1.4 not commit an offence by adding for sale any controlled substance (including but not limited to alcohol, solvents, weapons or fireworks) for which you do not hold the relevant license to do so;
17.1.5 not be misleading, deceptive or in any way contravene any and all applicable consumer, health and safety and e-commerce laws and regulations;
17.1.6 not be obscene, defamatory or be in the reasonable view of CHANGE AHEAD deemed to be offensive and/or inappropriate; and
17.1.7 not supply any age restricted goods.
17.2 In using the Service Provider CHANGE AHEAD Facilities you must:
17.2.1 at all times keep all information including without limitation, communication and correspondences between you and the Buyers, and all information relating to the transaction process secure and confidential;
17.2.2 ensure your use of the Service Provider CHANGE AHEAD Facilities is personal to you; and
17.2.3 immediately notify CHANGE AHEAD in the event you have any reason to believe or suspect that a Buyer has breached any of these Terms.
17.3 You further acknowledge and agree that CHANGE AHEAD may, at its sole discretion, immediately remove your Profile from the Platform where it reasonably considers that such Profile, any information you have uploaded or Items provided, no longer meet the standards that CHANGE AHEAD requires of its Service Providers on the Platform, at its absolute discretion and upon written notice to you.
17.4 Failure by CHANGE AHEAD to exercise its rights under condition 17.3 should not be taken as acceptance by CHANGE AHEAD of any failure on your part to comply with these Terms.
18. ADDITIONAL EXCLUSION OF WARRANTIES
18.1 You acknowledge and agree that CHANGE AHEAD only provides you with the facility to share information of Services with Users by providing you with the Service Provider CHANGE AHEAD Facilities. CHANGE AHEAD does not warrant, represent or guarantee that you will find any User to supply Services to or achieve any specific results whatsoever.
18.2 You acknowledge and agree that using the Platform through the Platform may require registration, licensing or approval as a business with the relevant authority. CHANGE AHEAD provides information in relation to this area on the Platform. However, you acknowledge that this is intended as information only and does not constitute advice of any nature. Therefore, it must not be relied on to assist you in making or refraining from making a decision or to assist you in deciding on a course of action. Your use and reliance on any information on the Platform shall be at your own risk and we shall not be liable whatsoever for any damages and loss which you may incur as a result of or in connection with your use and reliance of such information. You undertake to conduct your own research and ensure that you comply with the requirements applicable to you. CHANGE AHEAD shall not be liable to you for any failure by you to comply with any relevant laws and regulations that may apply to you in the use of the Platform through the Platform.
18.3 You further agree that CHANGE AHEAD does not vet or verify the identity of the Users posted on the Platform. Consequently, CHANGE AHEAD does not warrant or guarantee:
18.4 the completeness, correctness and accuracy of any User’s Profile;
18.5 that any agreements made by Users are genuine; or
18.6 the identity of the Users using the Platform.
18.7 You further acknowledge that CHANGE AHEAD has no control of and therefore has no liability whatsoever in respect of the behaviour, response and quality of the Users on the Platform.
18.8 CHANGE AHEAD provides the Service Provider CHANGE AHEAD Facilities solely to connect Service Providers with Users who may be seeking to use your Services. You acknowledge and agree that you are solely responsible for all communication with, and any subsequent dealings with Users. You, the Service Provider, hereby indemnify CHANGE AHEAD in full and on demand against all losses, damages, costs, claims and expenses that CHANGE AHEAD incurs (including but not limited to such losses and damages incurred by CHANGE AHEAD in respect of sickness, disease or death of any User arising out of or in connection with your acts or omissions in the use of the Platform) arising out of or in connection with any of your dealings with, or Items provided to Users.