This document and others that we refer to explains our terms and conditions within Grown Out Of It.co.uk and other associated websites within Grown Out Of It, their sub-domains whether you are a visitor or a Registered User/Member of Grown Out Of It.
Please read these Terms carefully and make sure that you understand them before you start using Grown Out Of It. By using our website namely, Grown Out Of It you indicate and accept our Terms and agree to abide by them. If you do not agree to our Terms please do not use or register with Grown Out Of It.
If you apply to become a Member and or Registered User we will ask if you accept our terms. If you do not accept these terms your application and registration with Grown Out Of It you will not become part of our members within Grown Out Of It.
You should print a copy of these Terms for future reference.
Information About GrownOutOfIt
Grownoutofit.co.uk is operated and managed by Grown Out Of It Ltd and trades as Grown Out Of It. Grown Out Of It will also be referred to as (“we”, “our”, “us”, Grown Out”).
We are registered in England and Wales under company number 9571153 .
Our registered office is located at Lakeside, Thorn Business Park, Straight Mile Road, Rotherwas, Hereford, HR26JT.
Our main trading address and address for correspondence is Lakeside, Thorn Business Park, Straight Mile Road, Rotherwas, Hereford, HR2 6JT
We are a limited company.
Definitions Used In These Terms
“Confirmation” means our e-mail confirmation to you that you have become a Registered User or Upgraded User (as the case may be).
“Content” means the data, text, information, adverts, messages, details, screen names, photographs, graphics, software, files, sounds, static and mobile images and all other material on Grown Out Of It.
“Items” means all goods or services offered for sale and that have been Posted/Uploaded on Grown Out Of It.
“Minor” means a person under 18 years of age.
“Post” means display, exhibit, publish, distribute, upload, transmit and/or disclose and the words “Posted” and “Posting” shall be interpreted accordingly.
“Grown Out Of It” means all web pages available under the domain grownoutofit.co.uk and their subdomains.
“Registered User” means anyone who has a Grown Out Of It account.
“Services” means all or any services provided by Grown Out Of It.
Grown Out Of it is a Venue
Sellers can and may list Items, buyers can and may find Items and Registered Users may exchange their reasonably held and legal views and opinions.
We are not responsible for contracts for the supply of goods, services or information formed through members or registered users of Grown Out Of It responsible as a result of visits made to Grown Out Of It. We are the venue for members of Grown Out Of It and Registered users.
Any contract is between the buyer and the seller and is subject to the terms and conditions which are implied by law or which the buyer and seller agree between themselves or both. Grown Out Of It is not part of the contract between the seller and buyer and we are neither liable for it.
We do not provide any warranties or assurances in relation to the Items you purchase (or attempt to purchase) from sellers through Grown Out Of It or from companies to whose website we have provided a link on Grown Out Of It, and any such warranties and assurances are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureaux.
From time to time, we may restrict access to parts of Grown Out Of It or the whole to a Registered User/Member.
You are responsible for making all arrangements necessary for you to have access to Grown Out Of It. You are also responsible for ensuring that all persons who access Grown Out Of It through your internet connection are aware of these Terms and that they comply with them.
Membership Accounts and User Names
You may create only one membership account per person. You may not assign or transfer your membership.
user name must not: contain any swear words or expletives or any words which could be construed as such in any language; or damage our goodwill or reputation or that of any entity with which we are associated including in each case officers, employees, personnel, members, customers and stakeholders; or breach our or any third party rights; or imply any connection with us. For example, your user name must not include the word Grown Out Of It nor must it use any of our trademarks or any confusingly or colourably similar words or expressions.
If in our opinion you breach clause 5.2 we may, without prejudice to our other rights and remedies, require you to change your user name or change it ourselves.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of the Terms.
You are responsible for any use of Grown Out Of It under your password and login details. We have no responsibility for such use. If you become aware of any unauthorised use of your password or login details please contact us immediately by clicking here.
By becoming a Registered User, you warrant that you are legally capable of entering into binding contracts; and you are at least 18 years old or if you are a Minor you have the prior written consent of your parent or guardian to become Registered User.
Your application to become a Registered User constitutes an offer by you to us to enter into a binding contract with us to become a Registered User. We do not have to accept your application.
A contract, in relation to your use of Grown Out Of It as a Registered User, will come into existence and these Terms shall become binding on you in respect of such use and us when you begin to use Grown Out Of It as a Registered User.
Posting to Grown Out Of It
You are solely responsible for your Content when using Grown Out Of It. We are not responsible or liable whatsoever, for the content or accuracy of any Content Posted by you or any other user of Grown Out Of It.
You must not use or allow anyone else to use Grown Out Of It to Post any Items, Content or other materials that do not meet the guidelines published and breach our Acceptable Use Policy
You undertake that any Content Posted by you will comply with those standards and you indemnify us for any breach of that undertaking.
Any Content you Post to Grown Out Of It will be considered non-confidential and non-proprietary. By Posting Content you grant to us an irrevocable, worldwide, royalty free and sub-licensable licence and right to use, copy, distribute and disclose to third parties any such Post and Content for any purpose.
No Duty to Monitor or Moderate
We are under no duty to you to monitor or record the activity of any Grown Out Of it user/member.
Content generated by Registered Users is not moderated.
We have the right (but not the obligation) to monitor any Posting or Content and we have the right to refuse, reclassify or remove any Post or edit any Content, for example (but without limitation) if in our opinion, such material does not comply with our Terms; or we are notified that it may be offensive, illegal or defamatory.
8.4 Please note that Content includes messages sent via our on-line messaging service. This means that messages are not confidential and are not proprietary. We may view,refuse, reclassify or remove messages even if you have not opened the message.
Storage of Content (Including Messages)
We assume no responsibility for the deletion or failure to store, deliver or timely delivery of messages or other Content.
We may, from time to time and without notice, sets limits on the number of messages a Registered User may send, store or recieve through the Service and we retain the right to delete any messages about such limits without any liability whatsoever. Any notice provided by us to you in connection with such limits shall not create any obligation to provide future notification.
Other Users of Grown Out Of It: Risks
You understand that by using Grown Out Of It you may receive or be exposed to third party Content which you may find indecent, offensive or objectionable but you use Grown Out Of It at your own risk and we are not responsible for such third party content.
You understand that we cannot verify the identity of users. This means that some users may not be who they say they are.
Minors are not permitted to become Registered Users Grown Out Of It without the consent of a parent or guardian.
Parents and guardians are responsible for supervising Minors when they use Grown Out Of It and undertake to us to do so. This is not our responsibility.
We advise parents and guardians who permit minors to use Grown Out Of It that it is important that they communicate with them about their safety online. This is not our responsibility. Minors who are using Grown Out Of It should be made aware by you of the potential risks to them and of their obligation to comply with the Terms.
Privacy and Data Protection
Third Party Rights Owners
We have the right to disclose your identity to any third party who is claiming that your behaviour or any Content Posted or Item advertised is illegal, breaches these terms, is in violation of intellectual property rights or in some other way infringes that third party’s rights.
Rights owners who believe that Content has infringed their rights should contact us by clicking here.
Linking to Grown Out Of It
You may link to Grown Out Of It, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards
If you wish to make any use of material on Grown Out Of It other than that set out above, please contact us by clicking here.
Links From Grown Out Of It
Where Grown Out Of It contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Viruses, Hacking and Other Offences
You must not misuse Grown Out Of It by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Grown Out Of It, the server on which Grown Out Of It is stored or any server, computer or database connected to Grown Out Of It. You must not attack Grown Out Of It via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Grown Out Of It will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Grown Out Of It or to your downloading of any material posted on it, or on any website linked to it.
Limitation Of Liability
Grown Out Of It does not guarantee, represent, or warrant that your use of the Grown Out Of It service will be interrupted or error free and you agree that from time to time Grown Out Of It may remove the Grown Out Of It service for indefinite periods of time, or cancel the Grown Out Of It service at any time, without notice to you.
You expressly agree that your use of, or inability to use the Grown Out Of It Service is at your sole risk. The Grown Out Of It service and all products and services delivered to you through the Grown Out Of It service are (except as expressly stated by Grown Out Of It) provided “As is” and “As available” for your use, without warranties of any kind, either express or implied, including all implied warranties or merchantability, fitness for a particular purpose, title, and no infringement, because some jurisdictions do not allow the exclusion of implied warranties. The above exclusion of implied warranties may not apply to you.
Grown Out Of it are under no obligation to you to monitor or record the Postings, Content or other activities of users of Grown Out Of It.
Grown Out Of It do not assume any responsibility for the quality, safety or legality of Items;
Grown Out Of It do not assume any responsibility for the truth or accuracy of any Postings or Content;
Grown Out Of It make no promises, warranties or guarantees about your ability to buy or sell Items using our website.
Grown Out Of It are not responsible for third parties. For example, it is not our responsibility if a seller does not deliver Items, if the Items are not as described or if a buyer does not pay for Items.
Commentary and other materials posted on Grown Out Of It are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Grown Out Of It, or by anyone who may be informed of any of its contents.
Ending our Contract
You may terminate your registration at any time, for any reason, with immediate effect by contacting us or by clicking here. We reserve the right to check the validity of any request to terminate registration.
We reserve the right to terminate your registration at any time, for any reason, with immediate effect by contacting you by your registered email address with Grown Out Of It.
Transfer of Rights and Obligations
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
Entire Agreement & Terms for Grown Out Of It
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
It is our Right to Vary, revise and amend these Terms And Conditions with no notice to our members.
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.