Before becoming a member of Mudpool you must read and agree with all the Terms and Conditions outlined below. If you see any listing in violation of our Terms and Conditions, please don’t hesitate to contact us through our Mudpool Contact Desk.

Terms and Conditions

(These Terms and Conditions were last updated 27.01.11)

1. Terminology

   1. ‘us,’ ‘we’ or ‘our’ is a reference to Mudpool
   2. ‘you’ and ‘your’ is a reference to you
   3. ‘member’ or ‘user’ is a reference to a registered member of Mudpool
   4. ‘website’ and ‘site’ indicates the Mudpool website
   5. ‘seller’ indicates a member who is selling an item or items on Mudpool
   6. ‘buyer’ indicates a member who is bidding on or buying an item on Mudpool
   7. ‘Mudpool community’ references the registered users on Mudpool
   8. ‘listing’ or ‘item/s’ indicates an item or product that has been listed on the Mudpool website for sale, in which you negotiate, sell or buy

2. Membership

   To register as a member on Mudpool is free. You must be over 18 years old and warrant that you can form a legally binding contract. If registering as a business you agree that you have authority to legally represent that entity. Membership can be denied if you or your entity has previously been suspended or terminated. You agree to keep your membership information, including email address, residential address, and telephone number, current at all times.

3. Acceptance of Terms and Conditions

   By registering as a member of Mudpool you give your consent that you have read and accepted all our current Terms and Conditions. If you do not accept our Terms and Conditions you must refrain from registering and using the website.

4. Amendment of Terms and Conditions

   Mudpool reserves the right to amend the Terms and Conditions occasionally. Any changes will take effect immediately. We will post the updated Terms and Conditions to the website and email you a notice of the update. It is solely your responsibility to keep up to date with and read any amended Terms and Conditions posted to the website. By continuing to use our services after an amendment has been made confirms your consent and agreement to our new updated Terms and Conditions. If you do not agree with the new Terms and Conditions you must refrain from using the website.

5. Breach of Terms and Conditions

   If a registered member or user of Mudpool is suspected or found in breach of our Terms and Conditions, Mudpool reserves the right to issue warnings, suspend, limit, cancel bids, remove listings or terminate the membership immediately at our sole discretion. In a serious breach of the Law, our Terms and Conditions or suspected fraud, we reserve the right to release your personal information to the appropriate legal authorities. You agree that Mudpool is not held liable for any loss you may incur as a result of Mudpool taking any of the actions described above.

6. Mudpool is only a ‘Venue’

   Mudpool only acts as a ‘venue’ in which people can buy and sell items online. Mudpool is not a traditional ‘auctioneer’ but instead it merely acts as a window for members to communicate and buy and sell items. We are not involved in the actual transaction between buyers and sellers. If a buyer wins an auction, there will be a contract formed between the buyer and seller directly. The buyer and seller are solely responsible for the transaction and the settlement of the sale. As Mudpool only acts as a venue, we cannot be held responsible for the quality, accuracy or legality of any listed items or the misconduct of any other members.

7. At Your Own Risk

   By using our services you acknowledge that the transactions and communications with other users’ are entirely at your own risk. You agree that Mudpool will not be held liable for the content or legality of the listings or the misconduct of other registered users’ including members registering under false identities and attempting to defraud you.

8. Privacy Policy

   Mudpool takes your privacy seriously and believes as a registered user you have the right to know how we store and use your personal information. Personal data of all registered users is stored in a safe and secure environment encrypted with strictly controlled access.

   1. Your Personal Information

      Mudpool does not and will not sell or rent your personal data to any third party. No third party will be given your personal data so you can be assured your personal information will not end up on a spammers list. Occasionally Mudpool will need to process statistical data for our own use in order to improve the website. This will be strictly non-identifying statistical data and will not be passed on to any third party.

      On the occasion that a member has seriously breached the law, our Terms and Conditions or is suspected of fraud, Mudpool reserves the right to release their account and personal details to the appropriate legal authorities. In the case of a dispute between Mudpool members, this information will not be released to other user, however, we reserve the right to release the information to the appropriate legal authorities on behalf of the user if we deem it necessary and there has been a serious breach.

9. Transactions

   All users on Mudpool can be assured that their personal details will be kept highly confidential to other registered members or people viewing the website. If you choose to transact with another member of Mudpool you agree that exchanging certain details is essential in order to facilitate the transaction. On a successful auction, (when a bidder wins the item), Mudpool will inform both the buyer and seller of one another’s email address and Username only so the transaction can take place. Hereafter, it is the sole responsibility of the buyer and seller to communicate other essential information to complete the transaction. This may include postal address and financial information.

   At the completion of a transaction, Mudpool asks that member’s respect one another’s privacy and that they do not use personal information for any other purpose outside of the transaction, including, but not limited to using their email or postal address for personal or commercial use on a mailing list. Although Mudpool is not held liable for and cannot guarantee that other users will respect your privacy, we take your privacy seriously and will take appropriate action on any member suspected of using your personal details outside of the transaction. We also encourage you to evaluate users’ feedback before commencing a transaction.

10. Your Password

    Your password and login information are the keys to your account. You are solely responsible for keeping your password and login information secret and secure. You agree that you will not permit any other person to use your username or membership or any information in connection to your membership that may allow a person to gain access to your account.

11. Your Username

    Your username is how you are known to other users on Mudpool. This is the only information relating to you for other users to see; therefore we encourage you to use a non-identifying word or nick-name that is only recognisable to you. Do not use your full name.

12. Spam

    Mudpool does not tolerate spam. This includes but is not limited to posting unrelated information anywhere on the website including listings, feedback, questions or unsolicited emails to other members or keyword spamming.

    Although Mudpool is not held responsible for other users’ actions, we will make every effort to ensure that the website is spam free and take appropriate action upon members in breach of this policy.

    To keep Mudpool a safe and fun community to trade in, please report any spam to our Mudpool Contact Desk.

13. Emails

    Mudpool may send emails or newsletters out periodically regarding your account, transactions or other activities on the website. You have the right to unsubscribe from newsletters by clicking the unsubscribe link in the email. Some emails, regarding your auctions or bids are essential to the auction and transaction process and cannot be opted out of. This includes notices of your winning bid or sold item prompting you to contact the other user.

    Important notices such as changes to the Terms and Conditions will be sent out from time to time to your email address and only where necessary.

14. Liability

    Mudpool provides a venue for members to buy and sell online therefore does not have control over the content of the listings or the conduct of other registered users. By using our services you agree that Mudpool is not responsible or liable for:

    1. the legality, ownership, quality, content, accuracy or safety of any item
    2. any loss of money or business you may encounter due to the misconduct of other users you communicate or transact with including any registered user’s attempting to defraud you by registering under a false identity
    3. other member’s inability to complete a transaction and provide payment, or the facilitation of a refund. Buyers and sellers share the responsibility of the transaction and do this entirely at their own risk
    4. for the facilitation of a transaction and the delivery of goods to a buyer including any loss or damage to goods in transit
    5. any loss of money or business you may incur due to the availability, reliability, or timeliness of the website, including any connection errors, or other outages beyond our control
    6. any loss or damage, including but not limited to loss of profits, data, business or anticipated savings whether direct or indirect when using our services
    7. the content of the listings including but not limited to obscene, abusive, libellous, vulgar, harmful, pornographic or material of sexually orientated adult nature or otherwise objectionable material. However, Mudpool aims to keep the website safe for the community and has a team in place to scan this objectionable material. Occasionally banned material may get past our scanning systems and Mudpool cannot be held responsible for this, although we urge users to report to us any suspicious listings or behaviour and we will investigate the issue immediately

15. Indemnity

    You explicitly agree to release and indemnify Mudpool from and against all actions including but not limited to:

    1. claims, costs, losses, proceedings, damages, liabilities (including legal costs and expenses)
    2. the failure of another member to complete a transaction
    3. your failure to complete a transaction
    4. a sale or attempted sale of an item or posting material prohibited by Mudpool
    5. demands suffered or incurred by any members arising out of or in connection with your failure to comply with these Terms and Conditions
    6. other members failure to comply with our Terms and Conditions

16. Security

    How we Protect Your Information

    Your privacy is important to us so we take extreme care in the security of your personal information when you join up and use this website. Registered data of all members is stored in a secure environment encrypted with strictly controlled access.

    Your Personal Information

    Your contact details will never be released to another person or member of Mudpool except for the essential information that you agree to release in order to facilitate a transaction, (username and email address). In a serious breach of the Law, our Terms and Conditions or suspected fraud, we reserve the right to release your personal information to the appropriate legal authorities. In the case of a dispute between two Mudpool members, personal information will not be released to the other user, however, we reserve the right to release the information to the appropriate legal authorities on behalf of the user if we deem it necessary and there has been a serious breach. Any user suspected of attempting to tamper with the security of Mudpool or other user’s personal information will have their memberships terminated immediately and may face legal action.

    Password

    Your password and login information are the keys to your account. You are solely responsible for keeping your password and login information secret and secure. You agree that you will not permit any other person to use your username or membership or any information in connection to your membership that may allow a person to gain access to your account.

17. Site Rules

    We want to keep Mudpool a safe and fair environment to trade in so we have set out guidelines for registered users of Mudpool. Before using our services please familiarise yourself with these rules to ensure you understand your responsibilities and to avoid any possible confusion or misunderstandings.

    By registering with our services you give your consent you have read and agreed with our Site Rules contained in our Terms and Conditions.

    Breach of Site Rules: If a member or user of Mudpool is suspected of breaching any of the Site Rules stated below or our Terms and Conditions (including our Terms and Conditions), Mudpool reserves the right to issue warnings, suspend, limit, cancel bids, remove listings or terminate the membership immediately at our sole discretion. In a serious breach of the Law, our Terms and Conditions or suspected fraud, we reserve the right to release your personal information to the appropriate legal authorities. You agree that Mudpool is not held liable for any loss you may incur as a result of Mudpool taking any of the actions described above.

    If you suspect another user of breaching the Mudpool Site Rules please contact the Mudpool Contact Desk.

18. General Rules

    Disclaimer; When using Mudpool you explicitly agree that you must not:

    1. post or list any material on the website including but not limited to indecent material such as obscene, abusive, defamatory, libellous, vulgar, harmful, or material of adult nature or otherwise objectionable material
    2. breach upon the ownership, copyright, trademark or other rights of third parties
    3. attempt to defraud other users in any way, including but not limited to using a false identity or listing incorrect, false or fictitious items
    4. collect or use any personal contact information about other users, including email addresses, without their explicit consent
    5. distribute or post spam of any sort on the website, listings or to members
    6. use this website for pyramid selling or similar schemes
    7. distribute viruses or any other technologies that might potentially harm Mudpool or its users
    8. list your email address, phone number or any other contact details in the listings, communications with other users or anywhere else on the website in order to avoid the Mudpool Success Fees
    9. complete a transaction outside of the Mudpool process
    10. use the website, listings or communications with other users as a platform to advertise or promote items for sale outside of our service. In the case of a business entity, you must not advertise your outside business as a place for sale
    11. interfere with another user’s listings or manipulate the price of any item
    12. have multiple or false/fictitious accounts set up
    13. leave abusive, threatening or offensive feedback
    14. leave negative feedback on a member you transacted with, without first trying to resolve the issue through email
    15. act in a negative or destructive behaviour against the Mudpool community
    16. abuse other members on Mudpool or the Mudpool staff

19. Seller Rules

    Disclaimer; As a seller on Mudpool you explicitly agree to the following rules and responsibilities when using our services:

    1. You must not post or list any items or material anywhere on the website including but not limited to indecent material such as obscene, abusive, defamatory, libellous, vulgar, harmful, or material of sexually orientated adult nature or otherwise objectionable material
    2. You must not list any items that are banned on Mudpool. See Mudpool’s Prohibited Items for more information
    3. You must not breach any laws by listing items which are illegal, stolen, counterfeit, unsafe or potentially harmful. You agree that we may disclose your personal information, including your name and contact details to the relevant legal authorities if we consider you in breach of this policy or the law
    4. You must not attempt to defraud other users in any way, including but not limited to using a false identity or listing incorrect, false or fictitious items
    5. You must not infringe on any third parties copyright, ownership, trademark or other rights
    6. You must only list items that exist, that you posses and that you are legally entitled to sell. You cannot sell items you do not have in your possession
    7. You may only list items that are correct, accurate, current, complete and which contain all relevant information for the item
    8. You must include all applicable information about the terms of sale, including payment terms, refund policies, timeframe of shipping and payment, shipping methods and the cost of shipping
    9. You can list an item in one category only and it must be listed in the most appropriate category. Mudpool has the right to move or cancel listings placed in the inappropriate categories
    10. You must not charge excessive postage and packaging fees
    11. All items listed on Mudpool are listed in Great British Pounds Sterling only (GBP). No other currency is accepted on Mudpool. If you are selling from outside of the United Kingdom it is your responsibility to incur any currency conversion costs
    12. Value Added Tax (VAT) must be included into the final price of an auction or ‘buy now’. VAT cannot be added to the price of an item after the auction has closed
    13. You must sell to the highest bidder if the reserve is met. In the unlikely event you cannot contact the winner after multiple attempts; you can contact Mudpool via the Contact Desk and we will attempt to contact the buyer and resolve the issue. If we cannot contact the buyer we will issue the seller a refund of the success fees and may take further action against the buyer
    14. If the seller has made a clear typographical error or changed critical information in the listing the buyer has the right to contact the seller to withdraw the bid. The seller must authorise this action and contact the Mudpool Contact Desk to withdraw the bid
    15. You must promptly send the winning item/s to the buyer upon successful completion of the transaction and package it suitably
    16. You must promptly respond to any questions you receive about your auctions within 24hours
    17. Sellers must pay in full, within the appropriate timeframe to Mudpool, all relevant success fees. For details on our success fees and services see Mudpool’s Fees
    18. You must not attempt to avoid the Mudpool success fees by premature auction withdrawal, offering to buy the item or other merchandise outside of the Mudpool community, multiple memberships or any other method. Mudpool reserves the right to monitor all cancellations by users with multiple cancelled auctions to ensure they are not attempting to avoid the Mudpool success fees
    19. Sellers may not offer a catalogue or URL from which the buyer may directly order from outside of Mudpool
    20. You must not manipulate the price of your listing by bidding on your own item or taking on multiple roles in a single transaction.
    21. Family or friends must not bid on your item in order to manipulate the price
    22. You must not have multiple or false/fictitious accounts set up
    23. You agree that exchanging certain personal details is essential in order to facilitate a transaction. On a successful auction, (when a bidder wins the item), Mudpool will inform both the buyer and seller of one another’s email address and username only. Hereafter, it is the sole responsibility of the buyer and seller to communicate other essential information to complete the transaction. This may include postal address and financial information
    24. After a successful transaction sellers’ agree to respect the other user’s privacy by not using or storing their personal information for any other purpose outside of the transaction, including, but not limited to using their email or postal address for use on a mailing list
    25. Any videos or photos uploaded to support an item for sale must relate directly to the listing and not include any links to other websites or contact details in an attempt to avoid Mudpool success fees. Any inappropriate photos or videos or any HTML link will be removed from the website immediately
    26. Any photos or videos uploaded to Mudpool must directly relate to the item for sale and not include any unrelated, banned or indecent material that may breach our Terms and Conditions
    27. When selling any films, DVD’s, videos, C’Ds, VCDs, Blue Ray and laser disks you must include the UK classification rating and all information on the classification label within your listing. No X-rated items are permitted on the website
    28. If you are selling a motor vehicle through Mudpool you must be the legal owner of the vehicle and hold all appropriate legal papers. Sellers are permitted to exchange contact details to bidders who request to view the vehicle before the auction closes. You may not offer to sell the item outside of Mudpool
    29. You are responsible for the watermarking any images you upload
    30. If you are a business entity by accepting this agreement you represent that you have the right to legally bind that entity. You must include the correct pricing of products you sell through your business on Mudpool and must not aim to advertise your business and products for sale outside of Mudpool
    31. At the completion of a transaction sellers are required to leave feedback on the buyer, rating the buyer on their conduct during the transaction

20. Buyer Rules

    Disclaimer; As a buyer on Mudpool you explicitly agree to the following rules and responsibilities when using our services:

    1. It is your responsibility to ensure you do not bid on or buy any items that are illegal, prohibited or material that is obscene, harmful X-rated or otherwise objectionable material. See Mudpool’s Prohibited Items for more information
    2. All items listed on Mudpool are listed in Great British Pounds Sterling only (GBP). No other currency is accepted on Mudpool. If you are buying from outside of the United Kingdom it is your responsibility to incur any currency conversion costs
    3. As a buyer you must only place a bid if you intend to buy the item. You cannot withdraw a bid after placing it and after an auction has closed and the reserve met. (In the event that the seller has made a clear typographical error or changed critical information in the listing the buyer may contact the seller to withdraw the bid)
    4. Buyers must not attempt to contact the seller outside of the Mudpool community in order to avoid our success fees
    5. When you receive notice that your bid was successful you must make full and prompt payment according to the seller’s guidelines including any postal charges
    6. If your bid is successful and you do not pay for the item, this is a breach of our Terms and Conditions and Mudpool will issue you with a warning and you may face having your membership restricted or cancelled including all bids and listings
    7. After you have completed a transaction you agree that your username and item won will be available for all to see on the website
    8. You agree that exchanging certain personal details is essential in order to facilitate a transaction. On a successful auction, (when a bidder wins the item), Mudpool will inform both the buyer and seller of one another’s email address and username only. Hereafter, it is the sole responsibility of the buyer and seller to communicate other essential information to complete the transaction. This may include postal address and financial information
    9. After a successful transaction buyers agree to respect the other user’s privacy by not using or storing their personal information for any other purpose outside of the transaction, including, but not limited to using their email or postal address for use on a mailing list
    10. It is solely the responsibility of the bidder to be aware of the refund policies offered by the seller before placing a bid. Mudpool will not be held liable for the facilitation of a refund or the seller’s ability to honour the refund
    11. You must promptly respond to communications by the seller within 24hours
    12. Buyers are required to leave feedback on the seller after the goods have been delivered and the transaction completed
    13. VAT will be included in the final price of the successful auction or ‘buy now’ and not be added onto the winning price after the auction has closed. Buyers should not be charged any extra for VAT as this must be included in the winning price of the auction

21. Feedback

    1. Our feedback system is in place to inform users’ of other members’ reliability as a buyer or seller. We encourage all members to use this system after they have made a transaction as a way of building up a history for members.
    2. All feedback must be constructive, truthful and not contain abusive, threatening, offensive or inappropriate language.
    3. If in the event you have to leave negative feedback we strongly urge you to resolve the issue with the other member first before submitting negative feedback
    4. If a buyer or seller is not responding to your emails you should allow up to 5 days before placing negative feedback. Also, please check that your spam filters are not blocking the other user’s emails
    5. If you have a positive feedback of less than 30% and more than 4 negative feedbacks we may issue you with warnings, have your account suspended, limited or membership terminated including any listings or bids.
    6. Feedback can only contain feedback relating to the specific transaction and must not contain any unrelated information or information about you including your contact details or website.
    7. You cannot have any form of advertising or spam in feedback

22. Fees

    1. It is always FREE to join and FREE to list.  on Mudpool.

23. Success fees

    The only fee a seller will pay on Mudpool is a small success fee upon a successful sale. The fee is caculated according to the table below. In the event you do not sell the item, you will not be charged. There are no other hidden costs.
    
    

    Price Range	Listing Fee	Listing Extras	Success Fee
    £0.01 - £0.99	FREE	FREE	£0.05
    £1.00 - £2.99	FREE	FREE	£0.10
    £3.00 - £4.99	FREE	FREE	£0.30
    £5.00 - £9.99	FREE	FREE	£0.50
    £10.00 - £29.99	FREE	FREE	£0.75
    £30.00 - £49.99	FREE	FREE	£1.50
    £50.00 - £99.99	FREE	FREE	£2.00
    £100.00 - £249.00	FREE	FREE	£3.00
    £250.00 - £499.99	FREE	FREE	£7.50
    £500.00 - £999.99	FREE	FREE	£10.00
    £1000.00 and over	FREE	FREE	£15.00

24. Cancellation Fees and Listing Extras

25. Mudpool doesn’t believe in charging you for listing extras, such as uploading photos or videos. You may load up to 12 photos free of charge including an optional video to support your listing.

    Mudpool does not charge a cancellation fee; however, we reserve the right to monitor all cancellations by users with multiple cancelled auctions.

26. Prohibited Items

    To keep Mudpool a safe place to buy and sell we have formulated a list of Prohibited Items that cannot be listed on Mudpool.

    Before listing an item on Mudpool it is your responsibility to check that you are allowed to sell the item on Mudpool and that the item is not prohibited. Any seller failing to follow these guidelines will be in breach of our Terms and Conditions and/or the Law and may risk having their account suspended or terminated and all auctions removed from their account immediately. Mudpool reserves the right to remove any listings in breach of this policy immediately and at our own discretion.

    Prohibited

    Adult Only Aeroplane Tickets Alcohol Animals & Wildlife Products Brand Name Misuse Catalogue & URL Sales CFC & HCFC Refrigerants Contracts & Tickets Counterfeit Currency & Stamps Counterfeit & Trademarked Items Credit Cards Drugs & Drug Paraphernalia Embargoed Items & Prohibited Countries Faces, Names and/or Signatures Firearms and Ammunition Fireworks Franking Machines Food

    Football Tickets Government IDs, Licences & Uniforms Hazardous & Restricted or Illegal Items Human Parts and/or Remains Image or Description Theft Items Infringing on Copyright or Trademark Keyword Spamming Lock-picking Devices Lottery Tickets Mailing Lists & Personal Information Misleading Titles or Descriptions Multi-level Marketing, Pyramid, Matrix & Trading Schemes Offensive Material Pesticides Pirated or Copied (Bootleg) Recordings Plants and Seeds Police-Related Items Pornographic, R18 or X-rated Material

    Property & Land Prescription Drugs & Materials Recalled Items Replica & Counterfeit Items Satellite, Digital & Cable TV Decoders Shares & Securities Slot Machines Stolen Items Surveillance Equipment Tobacco & Tobacco Products Train Tickets Travel Vouchers Unauthorized Copies Unlocking Software Used Medical Devices Used Skincare Weapons & Knives

27. Mediation and Dispute Resolution

    1. Members should attempt to resolve any disputes before leaving negative feedback
    2. If a buyer or seller is not responding to your emails you should allow up to 5 days before placing negative feedback. Also, please check that your spam filters are not blocking the other user’s emails
    3. In the case of a dispute between two Mudpool members, we will never release personal information to the other user, however, we reserve the right to release the information to the appropriate legal authorities on behalf of the user if we deem it necessary and there has been a serious breach of our Terms and Conditions or the law.
    4. Mudpool reminds members to check user feedback before trading and that Mudpool only acts as a ‘Venue’ and cannot be held liable for the misconduct of any member.

28. General

    1. If you are a third party and see that your Intellectual Property, trademark or copyright has been infringed upon, please contact Mudpool to report this abuse
    2. Mudpool is not responsible for the content of advertisements that appear on the website including any hyperlinks to advertisers’ own websites. These advertisements are solely the responsibility of the advertiser and Mudpool does not endorse any of the products or services advertised
    3. Mudpool does not guarantee that the use of our services is entirely error free or that the information provided on the website is error free or reliable (including feedback or other user’s listings)
    4. Memberships with Mudpool are not transferrable so therefore cannot be sold, hired, lent or traded