Lowicks is an invite-only marketplace for peer-to-peer classified adverts accessed via our website www.lowicks.com or associated subdomains or via IOS / Android App (All forms to be referred to as “Platform”). Members of Lowicks are referred to as "Lowicks users" and any reference to “Lowicks” shall be deemed to include reference to the "Platform".

Lowicks is operated and owned by Lowicks Community Ltd (“we” or “us”). We are a limited company registered in England and Wales under company number 14901511 whose Registered Office is at Meadow House The Street, Chilmark, Salisbury, England, SP3 5AR.

If you wish to contact us in writing, have a complaint or are required to give us notice in writing, you can send this to us by email at info@lowicks.com. If we have to contact you or give you notice in writing, we will do so by email to any email address you provide to us.

By using the Platform, you accept the following terms:

These terms of use (together with any documents referred to in them) set out the terms which govern your use of the Platform and, if you are a Lowicks user, your membership of Lowicks.

Please read these terms of use carefully before you start to make any use of Lowicks as they will apply to your use of the platform. We recommend that you print a copy of these terms of use or save them to your computer or device for future reference.

By using Lowicks, you confirm that you have read and accepted these terms of use and that you agree to comply with and be bound by them. If you do not agree to them, you must not use Lowicks.

Privacy Policy

We are committed to respecting your privacy. Our Privacy Policy sets out the terms on which we process any personal data that we collect from you or that you provide to us. By using Lowicks, you consent to such processing and you warrant that all data provided by you is accurate. You agree to update such data from time to time without undue delay if it changes.

Disclaimer

Please note that we simply provide the platform that connects Lowicks users with each other and allows them to be introduced for the purposes of carrying out a transaction. We do not ourselves offer or provide any items of the type posted on the Platform and any contract relating to a transaction is between the relevant Lowicks users (and not us).

We take reasonable measures to ensure the suitability and quality of anyone who is invited to become a Lowicks user. However, unless otherwise specified in these terms of use, we are not responsible for, and make no representations, warranties or guarantees as to, the behaviour, acts, or omissions of other Lowicks users you transact with through Lowicks. If another Lowicks user you transact with causes any damage to your property, business, or anything related to your posting, responsibility for such damage will rest with that other Lowicks user (and not with us).

If you have a complaint in relation to a transaction that you enter into with another Lowicks user, that complaint must be taken up with that other Lowicks user directly.

Changes to these terms of use and updates to the Platform

These terms of use were last updated on 11th April 2024.

We may amend these terms of use at any time and you should check these terms of use from time to time to take notice of any changes we have made, as they are legally binding on you. We may also notify you of any changes by email. If you do not agree to any such changes, please stop using Lowicks.

We may (but are under no obligation to) update the Platform from time to time, and we may change the content on it at any time. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Platform.

We may suspend or withdraw the Platform or any users from the platform where necessary.

We will do our best to ensure that the Platform is available for use at all times, but we make no representations, warranties, or guarantees, whether express or implied, that the Platform or any content on it: (i) will always be available or be uninterrupted; (ii) will be error-free, accurate, complete or up-to-date; or (iii) will be secure or free from bugs or viruses.

Access to the Platform is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of it without notice. We will not be liable to you if, for any reason, the Platform is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to access the Platform (including configuring your information technology) and you should use your own virus protection software.

Keep your login details confidential

Access to, and use of, Lowicks is by invitation only. If you are invited to become a Lowicks user (and wish to do so), you must complete all of the fields on the registration page.

If you choose, or you are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party or allow any third party to use or access your membership. We are entitled to disable any username or password, whether chosen by you or allocated by us, at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these terms of use.

You may not authorise others to access the Platform using your username and password and you may not assign or otherwise transfer your account to any other person or entity. If you know or suspect that anyone other than you knows your username or password, you must notify us as soon as possible at info@lowicks.com and take steps to change your password.

You are responsible for all acts and omissions of any third parties who use your username or password to access the Platform, whether fraudulently or not, and you agree to reimburse us on demand for any loss we suffer as a result of such use.

Transactions between Lowicks users

If you post an item on the Platform, you must at all times comply with applicable laws and regulations and you agree that: (i) your description of the item will be accurate and not misleading; and (ii) you will properly perform any contract you enter into with another Lowicks user introduced through the Platform.

If you decide to conclude a transaction with another Lowicks user for an item posted on the Platform, the resulting legal contract will be between you and the other Lowicks user.

We cannot give any undertaking or warranty that any item posted on the Platform will be of satisfactory quality or fit for purpose, and these and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. We advise you to take extra caution when transferring sums of money to users and would recommend requesting proof of purchase or similar where possible. We would also recommend that you transact using Paypal goods or services to ensure the transaction are protected and would not advise using cash.

Although we endeavor to review and amend posts where necessary before publication on the Platform, we are not in any way responsible for their accuracy and at no time do we own, possess or have control over any items posted on the Platform.

Payment terms

You are free to set the amount you charge for any item you post on the Platform.

If you post an item on the Platform, you will, unless otherwise agreed, pay us a fee for such post. You also agree to pay us a commission (for tickets only) if the item you have posted is sold or let or a transaction relating to the item is successfully concluded (in each case through Lowicks). The amount of the fee and any commission due to us is set out in our pricing policy as published from time to time on the Platform and will be notified to you each time you post an item on the Platform. By posting an item, you agree to pay the relevant fee and any commission to us.

We reserve the right to make changes to our pricing policy at any time, although we will always try to give you reasonable notice of any such changes. If you do not agree to any such changes, you should stop using Lowicks.

Having trustworthy Lowicks users who pay the commission due at the correct price is fundamental to the success of Lowicks and the nature of both the Lowicks membership and our business. You, therefore, agree to notify us if, through Lowicks, an item you have posted is sold or let or a transaction relating to the item is successfully concluded (although please note that we have no responsibility for obtaining payment for the relevant item from the Lowicks user with whom you have transacted). You also agree not to take any action, whether direct or indirect, to avoid or circumvent the payment of any commission due to us. Failure to comply with this provision will result in the immediate suspension or termination of your membership and you will be required to compensate us in respect of any losses we suffer as a result.

Commission will become due and payable immediately following completion of the relevant transaction and we will send you an invoice with a payment link. It is your responsibility to mark each transaction as complete on the Platform and we will contact you to check the status of the relevant item if we do not hear from you at the end of the active listing period.

If any amount due from you remains unpaid, we reserve the right: (i) to charge reasonable administration costs; (ii) to charge interest (both before and after judgment) on the outstanding amount at the rate applicable to judgment debts under the Late Payment of Commercial Debts (Interest) Act 1998; (iii) to arrange for any further posts placed by you to be suspended; and/or (iv) to take such other action as we deem appropriate, including, without limitation, the immediate suspension or termination of your membership.

To the extent applicable, all fees are inclusive of VAT at the prevailing rate.

Intellectual property rights

Unless otherwise stated, we are the owner or the licensee of all intellectual property rights in the Platform and in the material published on it, and you acknowledge that you have no rights in or to the Platform or the technology used or supported by it other than the right to use it in accordance with these terms of use. If you use any part of the Platform in breach of these terms of use, your right to use the Platform will cease immediately.

You must not use any part of the content on the Platform for commercial purposes without obtaining a license or other written consent to do so from us or our licensors.

“Lowicks” is a trade mark of Lowicks Community Ltd. All rights in this trade mark, the Lowicks domain name and all related domains and sub-domains and any other logos, service marks, brand names, trading names and/or trade marks appearing anywhere on the Platform are reserved to their respective owners or licensors and nothing in these terms of use should be construed as granting any license or right to use any of the foregoing.

Your liability to us

You will be liable to us and agree to indemnify us for and against any losses, damage, expenses and other liabilities of any kind that we may suffer or incur as a result of any breach by you of these terms of use or of any contract between you and any third party (including any contract between you and another Lowicks user). This means that you will be responsible for any loss or damage we (or any of our affiliates, personnel or associated third parties) suffer as a result of such breach, including any claims or legal proceedings brought against us by any other person as a result of such breach.

Limitation of our liability

You acknowledge that Lowicks has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of Lowicks meet your requirements.

Unless otherwise specified in these terms of use, we will only be liable to you for any loss or damage (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising under, or in connection with, your use of, or inability to use, Lowicks if such loss or damage is a foreseeable result of our breach of these terms of use or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach of these terms of use or our negligence or if it was reasonably contemplated by you and us at the time of the agreement between us coming into effect as a possible result of such breach or negligence.

You may only use Lowicks for domestic and private use. You agree not to use Lowicks for any commercial, business, or resale purposes and, if you do, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not under any circumstances be liable for:

The behaviour, acts or omissions of any other Lowicks user you transact with through Lowicks or the quality of any item they have posted on the Platform; or

any loss or damage caused by any bug, virus, distributed denial-of-service attack, or other technologically harmful material that may infect your information technology, data, or other proprietary material due to your use of Lowicks or your downloading of any content on the Platform or on any website linked to it.

Nothing in these terms of use:

excludes or limits our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law; or

is intended to affect your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

Restrictions on use of the Platform

You may only use Lowicks for lawful purposes. You may not use Lowicks:

in any way that breaches any applicable local, national or international law or regulation;

in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;

to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

not to reproduce, duplicate, copy or re-sell any part of Lowicks in contravention of these terms of use;

not to access without authority, interfere with, damage or disrupt any part of Lowicks, any equipment or network on which Lowicks is stored, any software used in the provision of Lowicks, or any equipment or network or software owned or used by any third party;

not to use Lowicks in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party’s use of the Platform;

not to attempt to gain unauthorised access to any part of Lowicks, the server on which Lowicks is stored, or any server, computer or database connected to Lowicks; and

not to attack Lowicks via a denial-of-service attack or a distributed denial-of-service attack.

Breach of these terms of use

When we consider that a breach of these terms of use has occurred, we may take such action as we deem appropriate. Failure to comply with these terms of use may result in our taking all or any of the following actions:

immediate, temporary or permanent withdrawal of your right to use Lowicks;

immediate, temporary or permanent removal of any post or material uploaded by you to Lowicks;

issue of a warning to you;

legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

further legal action against you; and/or

disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of these terms of use. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

General

You may not assign or otherwise transfer any of your rights or obligations under these terms of use to any other person. We may assign or transfer our rights and obligations under these terms of use to any third party without your consent.

No person other than you and us shall have any rights to enforce any of these terms of use, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Each of the paragraphs of these terms of use operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these terms of use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms of use or their subject matter or formation (including non-contractual disputes or claims).