Xchange is owned managed by JISC Procureweb.
Our address:
JISC Procureweb
Information Services
Cardiff University
Julian Hodge Building
Colum Drive
Cardiff CF10 3EU
http://www.procureweb.ac.uk
JISC Procureweb can be contacted with any Xchange related queries here.
Definitions
Advertisement: a description of one or more items or goods, offered for Sale on the Xchange website.
Advertiser(s): a User, or group of Users, who create an Advertisement on Xchange.
Buyer(s): a User who Purchases and receives an item (or items) from another User that has been Advertised on Xchange.
Categorisation: a method of placing an Advertisement into a pre-set category, based on the type of item, which is used for ease in
searching within Xchange.
Content: any information or data that is published on Xchange by Users or by JISC Procureweb.
Equipment: an item Advertised on Xchange that is interpreted by JISC Procureweb as equipment.
JISC: JISC is the UK’s expert on information and digital technologies for education and research.
Offer: a proposal to a Seller, to Purchase an item that may or may not include a price.
Our: JISC Procureweb
Posting(s): any Content that is added to Xchange.
Purchase: the act of Buying (i.e. to acquire by the payment of money or it’s equivalent).
Reader(s): a person or persons who reads Content on Xchange.
Registered User(s): a person or persons with an Xchange User account, and can therefore login to the system.
Sale: the act of Selling (to provide by the payment of money or it’s equivalent).
Seller(s): a User who creates an Advert and sells, or gives away, the item to another user.
System: the Xchange website.
Us: JISC Procureweb
User: a person who uses the Xchange system in any capacity.
We: JISC Procureweb
You: a User.
Xchange: a web-based facility to allow Registered Users to Advertise, Buy, Sell or otherwise trade items and which may or may not
involve a financial transaction.
Responsibilities
Users:
- are not permitted to sell anything on Xchange, which is illegal, as defined by English Law.
- have the responsibility to report to JISC Procureweb any Adverts they feel may relate to illegal or dangerous goods.
- are forbidden from posting inappropriate language, images or other media on the site. JISC Procureweb reserves the right to remove any content and/or suspend User access where any such postings are deemed unsuitable, as defined by JISC Procureweb.
- are advised to check advert details carefully before entering into any agreement of any kind. [Note: should any doubt exist then the User should seek formal legal advice]
- will not breach any laws, as defined by English Law, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties
- will not post false, inaccurate, misleading, defamatory, or libellous content. JISC Procureweb reserves the right to remove any content JISC Procureweb deems to be false, inaccurate, misleading, defamatory, or libellous.
- will not post false or inaccurate personal information.
- will not distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes.
- will not distribute viruses or any other technologies that may harm Xchange, or the interests or property of Xchange Users.
- will accept sole responsibility for the legality of their actions under English Law and the legality of any items they list on Xchange.
Registered Users:
- must be a current employee of a Higher Education institution, a Further Education institution or of Research Councils UK.
JISC Procureweb reserves the right to open up access to Xchange to other Users, on a case-by-case basis.
Buyer:
- must be authorised to buy on behalf of their Institution / Research Council.
- must not use the Xchange site for Purchase of equipment for personal use outside of the work environment.
- has the right to cancel an agreed transaction within 7 (seven) working days, provided that no sales or transfer agreement has been signed.
- will pay for items purchased, unless the Seller has materially changed the item's description, after a fee has been agreed or a clear typographical error has been made or the Seller's identity cannot be authenticated.
- will complete, with the seller, any required Schedule of Goods and/or Transfer Agreement.
Seller:
- must be authorised to sell on behalf of their institution/research council.
- is responsible for the Categorisation of Adverts.
- can only sell Equipment that is owned by the Institution or Research Council that employs them.
- is not permitted to publish copyrighted or commercially sensitive information on the Xchange site.
- undertakes to not misrepresent goods or present for sale any illegal or unsafe goods.
- is responsible for providing clear and accurate details of the item being Offered [Note: such detail may include, but not be limited to any of the following:- Manufacturer, Model Number, Capability, Range Accuracy etc ].
- is responsible for providing clear and accurate details of any refurbishment or repair work that has been, or is needed to be, carried out on an Advertised item.
[Note: such detail may include, but not be limited to any of the following - Calibration History, Service History, Missing/ Damaged/Broken Parts, Replaced/Repaired Parts, Known Defects/Problems; Suspected Defects/Problems etc.]
- is responsible for providing clear and accurate details of any Ancillaries, Spares or Related Equipment stated as being included with any advertised item.
- is responsible for providing any historical documentation on Calibration and/or Service stated as being available for any advertised item.
- is responsible for providing any on-going documentation on Calibration, Service and Maintenance stated as being available for any Advertised item.
- is responsible for providing any documentation on Operation and User Maintenance stated as being available for any advertised item.
- is responsible for Categorisation of the equipment so that it can be found using the search facilities available on Xchange.
- will not fail to deliver items purchased, unless the Buyer fails to meet the posted terms, or the Buyer's identity cannot be authenticated.
[Note: All Sellers are advised to retain proof of delivery]
- has the right to withdraw any Item Posted on Xchange at any time without providing notice or justification.
- has the right to cancel an agreed transaction within 7 (seven) working days, provided that no sales or transfer agreement has been signed.
- will complete, with the buyer, any required schedule of goods and/or transfer agreement.
JISC Procureweb:
- takes no responsibility for the accuracy of the descriptions of items made in Adverts on Xchange.
- is not an auctioneer, nor acts as an auctioneer, and takes no responsibility for the sale of items or the obtaining of any particular price.
- takes no responsibility for damage or injury caused by items advertised.
- reserves the right to define what is determined as unacceptable or inappropriate use of Xchange.
- specifically disclaims any and all liability to Advertisers, Readers and Users of any kind for any loss or damage of any nature whatsoever and however arising, whether due to inaccuracy, error, omission or any other cause, and whether on the part of JISC Procureweb, or any other person.
- shall not be liable for any damages, including without limitation, indirect or consequential damages, arising out of use of the Xchange website or in respect of any of the Users' actions or omissions taken in reliance on any of the advice or information contained on this website.
- may at any time remove any or all of the items from Users' Adverts, which in JISC Procurewebs' opinion have been placed in breach of this agreement.
- reserves the right to refuse to publish any Advertisement and to classify, edit and delete information on the website at its sole discretion. The placing of any Advert is on acceptance of these conditions.
- cannot and is not responsible for ensuring, the accuracy or truthfulness of Users' purported identities or the validity of the information which they provide or post on our sites.
- may at any time vary the technical specifications of the Xchange website (or any part of it) for any reason.
Conditions of Use
All Users acknowledge that JISC Procureweb and Xchange are not traditional auctioneers. At no point do We have possession of anything listed, purchased or sold through the Xchange website.
We do not review Users’ Advertisements or Content and are not involved in any actual transaction between buyers and sellers, whether or not this entails financial settlement.
We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings or other content posted by users on our sites, the ability of sellers to sell items, the ability of buyers to pay for items, or that a Buyer or a Seller will actually complete a transaction or return an item.
All Users should not assume that, simply because it is listed on Xchange, the offer, sale, purchase, export or import of any item is valid and legal.
All Users must be aware that any actions taking place on Xchange fall under the jurisdiction of English Law.
All Users acknowledge that all information provided via Xchange is without warranty of any kind.
JISC Procureweb gives no warranties, either expressed or implied, including warranties of merchantability or fitness for a particular purpose.
In no event shall JISC Procureweb be held liable for any damages whatsoever including direct, indirect, incidental, consequential, loss of business profits or special damages, even if JISC Procureweb has been advised of the possibility of such damages.
All Users recognise that all Content offered for publication in Xchange must be legal, decent, honest and truthful.
Advertisements must comply with the British Code of Advertising Practice and all other codes under the general supervision of the Advertising Standards Authority.
All Users acknowledge that the pages contained in this website may contain technical inaccuracies and typographical errors.
All Users acknowledge that any information available, either on the Xchange website or in these pages, may be updated from time to time and may, at times, be out of date.
We accept neither responsibility nor liability for keeping the information either contained on the Xchange website or in these pages up to date or any failure to do so.
By using Xchange the User is deemed to have accepted all of the terms and conditions that apply to its use.
If the User does not agree to comply with these terms and conditions then the User must stop using the Xchange site immediately.
If any of these Terms and Conditions shall be held to be invalid or unenforceable, it shall not affect the enforceability of any of the remaining provisions.
We will use our best endeavours to provide continuous or secure access to our services, including the Xchange website, however operation of our sites may be interfered with by numerous factors outside of our control.
Whilst we aim to maintain an uninterrupted service, on the Xchange website, we cannot guarantee this.
All Xchange trademarks, names, and logos are the proprietary marks of Xchange or its associated companies.
All website designs, graphic designs, style templates, icons, HTML codes and all other elements relating to the design, function or operation of Xchange are the property of JISC Procureweb and may not be used in any manner without the express written permission of JISC Procureweb.
Marks identifying third parties are owned or licensed by those third parties or their associated companies.
Nothing in these Terms and Conditions in any way confers on the User any licence or right under any trade marks, names or logos of Xchange or any third party.
All goodwill arising in connection with the name Xchange and the logos for Xchange shall belong to JISC Procureweb.
The Terms and Conditions of use may be changed at any time, without warning or prior notice. Registered users will be notified of these changes via an email from JISC Procureweb.
30 (thirty) days after the email is sent to the Users, the new Terms and Conditions will become active and enforced, regardless of whether the user has read them or not.
For all new Users of the site during this period, the amended Terms and Conditions will become active immediately from the point of use.
All product names mentioned herein, or on the Xchange website, are the trademarks of their respective owners.
Some documents may contain other proprietary notices and copyright information relating to that document or organisation.
All Users agree that JISC Procureweb has not conferred by implication, or otherwise, any licence or right under any patent, trademark or copyright (except as expressly provided) of JISC Procureweb or of any third party.
Xchange is exclusively an online publication wholly owned and operated by JISC Procureweb whose registered office is at JISC Procureweb, 3rd Floor Julian Hodge Building, Cardiff University, Colum Drive, Cardiff CF105NH. Telephone Number: 029 2087 0333.
The User agrees to indemnify and hold JISC Procureweb, its parent or subsidiary companies and their affiliates, their respective directors, officers, employees and agents from any and all liabilities, claims and expenses, including reasonable legal fees, arising from breach of this Agreement, any other policy, the Users' use or access of Xchange or any Internet site linked to or from Xchange, or in connection with the transmission of any Content on the Xchange website.
The User agrees that questions and/or complaints received are the exclusive responsibility of the User and the user shall fully indemnify JISC Procureweb.
All Users shall recognise that these Terms & Conditions are intended to be neutral and acceptable to both parties involved in any transfer or transaction.
They do not fully protect either party and each buyer and/or seller is therefore advised to take independent legal advice before using them.