Conditions of Use

HyperOutlet Merchant Participation Agreement

The following describes the terms on which HyperOutlet offers you access to our services.
Welcome to the HyperOutlet.com site (the "Site") and our selling services (the "Services"). Any person who wants to access the Site and use the Services to buy or sell items must accept the terms and conditions of this Participation Agreement without change. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS PARTICIPATION AGREEMENT, AND ALL POLICIES AND GUIDELINES OF THE SITE ARE INCORPORATED BY REFERENCE.

Using HyperOutlet

CheckOwt.

All merchants are automatically signed up to CheckOwt which is HyperOutlet’s viral networking ecommerce platform, merchants do not have to utilise their CheckOwt account but it is vastly in their favour to do so and is completely FREE! CheckOwt’s huge database of members may add merchants as a friend in order to partake in any advertising and deals they may wish to upload.

Members automatically view merchants adverts/deals in their DealStream; this works particularly well because the members have an interest in the products that you sell (that’s why they added you!).. this gives HyperOutlet merchants unlimited potential premium buyers and a tool to increase their member bases, networking and also; why not have some fun!

Merchants utilising the free services at CheckOwt are required to read the CheckOwt terms and conditions which basically outline that the free advertising and use of the CheckOwt platform and services is for products sold at their shop at HyperOutlet.

General Conditions.

You may not use the Site if you are under the age of 18 or you are not able to form legally binding contracts, or if your HyperOutlet membership has been suspended.
While using the Site, you will not:
• post, list or upload content or items in inappropriate categories or areas on the Site;
• breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties;
• breach our policies;
• fail to pay for items purchased by you;
• fail to deliver items purchased from you;
• manipulate the price of any item or interfere with other users' listings;
• circumvent or manipulate HyperOutlet’s fee structure, the billing process, or fees owed to HyperOutlet;
• post, list or upload false, inaccurate, misleading or defamatory content (including personal information);
• transfer your HyperOutlet account and User ID to another party without our express consent;
• distribute or post spam, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm HyperOutlet, or the interests or property of HyperOutlet users;
• copy, modify, or distribute HyperOutlet’s copyrighted works or trade marks, or other content from the Site, without our express consent; or
• harvest or otherwise collect information about users, including email addresses, without their express consent.

HyperOutlet ("HyperOutlet") reserves the right to change any of the terms and conditions contained in this Participation Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. All notice of changes to this Participation Agreement will be posted on the Site for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING HYPEROUTLET'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS PARTICIPATION AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.

Fees.

Joining HyperOutlet is FREE, once joined you will have access to the Shopping Centre Management System which simplifies the easy setup of your HyperShop.

We do not charge fees for using any other services, eg: set-up or ability to list unlimited items.

We provide free support here support@hyperoutlet.com

HyperOutlet ONLY charges a single commission fee on merchants successful sales and commences from your first sale.

HyperOutlet’s commission fee is: [ 10% ] this fee is the same across the board for all 500 + merchants.

HyperOutlet accounting system is comprehensive and accurate; the system sends your fees invoice out on the 18th of the month giving you 10 days to evaluate your invoice; we only then request our fees from your card on file on the 28th of the month (if the 28th falls on a weekend we will request them on the Friday before in case we need to contact you)
[Please ensure the card you have on file is current and can be charged.

Unless otherwise stated, all fees are payable in GBP sterling. You are responsible for paying all fees and applicable taxes (including any value added tax) associated with using the Site.
Late payment of Fees.

If HyperOutlet is unable to charge your card for its commission on the due date after you have had your 10 days evaluation period or you have not added your card to the secure system in the SCM the following charges will apply and be added to your account.

No card added to the system – Suspension of your account until a card is added to the secure system. [you can add you card easily by logging into your SCM and clicking HyperFee] if you need assistance or have any problems with adding your card details please contact support as soon as possible. DON’T LOSE SALES – Add your card now!

If for any reason your commission payment is late; this scale of charges will be applied to your account and become payable:

1. Up to three days late - 0.5% added per day to your commission fee due
2. Between 3 days to 10 days late - 3% added per day to your commission fee due
3. 10 days to 30 days late with no contact - Account suspended pending deletion
4. Over 30 Days late – We will place your account with interest with debt collection agencies which will effect your credit status.

HyperOutlet already charges merchants in arrears for fees! the commission fees are only derived from sales that the merchant has already enjoyed from HyperOutlet’s huge traffic and marketing efforts. It is our ethos to operate the fairest systems in the world so when our fees do become due your cooperation is greatly appreciated.

NB: we do try and maintain good communications with all our merchants and want to help, if you have any payment difficulties please talk to us, contact us with your proposals so we can stop any late charges from accruing, assist you and amend our system.

ACCOUNT DELETION
If your shop remains dormant and you have not made efforts to manage your HyperShop we may need to delete your shop if it is still dormant after 7 days; HyperOutlet is for serious merchants and sellers and prime unit space needs to be occupied correctly.

To request your HyperShop to be deleted from the system you will need to ensure all orders and sales are fulfilled first, then email support@hyperoutlet.com and we will delete your shop at no cost or fee.

Abusing HyperOutlet

HyperOutlet and the HyperOutlet community work together to keep the site working properly and the community safe. Please report problems, offensive content, and policy breaches to us.

Without limiting other remedies, we may issue you with warnings, limit, suspend, or terminate our services and your account(s), restrict your access to, and your activities on, the Site (including, without limitation, by cancelling and removing listings and other hosted content), warn the HyperOutlet community not to transact with you and/or take technical and legal steps to stop you from using the Site if:

• we think that you are creating problems (including, without limitation, by harassing HyperOutlet staff or other users) or exposing us or another HyperOutlet user to financial loss or legal liabilities;
• we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies;
• despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us;

We also reserve the right to cancel unconfirmed accounts.

You agree not to hold HyperOutlet responsible for any loss you may incur as a result of HyperOutlet taking any of the actions described above.

Eligibility.

Use of the Site and Services is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Services. To register, you must provide your real name, address, phone number, and e-mail address.

Sellers' Listing Fees and Payment Terms. All fees, including but not limited to subscription plan fees, are payable upon demand on a Visa, MasterCard, American Express, Discover, JCB, or Diners Club credit card or by paypal. By listing an item for sale on the Site, you authorize HyperOutlet to charge your credit card for amounts due. (*credit card information is encrypted using the most advanced services and secure).

Applicable Policies and Guidelines. You agree to abide by the procedures and guidelines--contained herein for conducting sales, which are incorporated by reference into, and made part of, this Participation Agreement. The procedures and guidelines contained herein explain the processes and set out acceptable conduct and prohibited practices. We may change these procedures and guidelines in the future, and such changes will be effective immediately upon posting without notice to you. You should refer regularly to understand the current procedures and guidelines for participating and to be sure that the items you offer for sale can be sold on the Site.

HyperOutlet's Role. HyperOutlet provides a platform for third-party sellers ("Sellers") and buyers ("Buyers") to complete transactions. As a Seller, you may list any item on the Site unless it is a prohibited item as defined in the procedures and guidelines contained in herein, or otherwise prohibited by law. Without limitation, you may not list any item or link or post any related material that (a) infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy); (b) constitutes libel or slander or is otherwise defamatory; or (c) is counterfeited, illegal, stolen, or fraudulent. It is up to the Seller to accurately describe the item for sale. As a Seller, you use the Site and the Services at your own risk.

The HyperOutlet Payment Service. IN ORDER TO SELL ITEMS IN HYPEROUTLET, YOU MUST REGISTER WITH HYPEROUTLET here: http://www.hyperoutlet.co.uk/create_store.php

HyperOutlet Reservation of Rights. HyperOutlet retains the right to immediately halt any fixed price sale, prevent or restrict access to the Site or the Services, or take any other action to restrict access to or availability of objectionable material, any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited by the procedures and guidelines contained in HERE.

Your Transactions
a. For sales where a Seller lists goods at a fixed price ("fixed price sales"), the Seller is obligated to sell the goods at the listed price to Buyers who meet the Seller's terms. By listing an item in a fixed price sal, you represent and warrant to prospective Buyers that you have the right and ability to sell, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive.

Your Obligation. By entering into this Participation Agreement and posting a listing for a fixed price sale, you agree to complete the transaction as described by this Participation Agreement. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.

Sales, Use, or Similar Taxes. You agree that it is the Seller's and the Buyer's responsibility to determine whether sales, use, or similar taxes apply to the transactions and to collect, report, and remit the correct tax to the appropriate tax authority. You also agree that HyperOutlet is not obligated to determine whether sales, use, or similar taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction.

Refund Obligation. Sellers must provide a full refund directly to any Buyer who remits payment, whether the Buyer paid directly or through HyperOutlet, if the item cannot be shipped at the close of the sale. Seller must provide the refund promptly, but in no case later than thirty (30) days following the close of the sale. Any Buyer who believes he/she may be entitled to a refund on this basis can contact the Seller directly.

Password Security. Your password may be used only to access the Site, use the Services, electronically sign your transactions, and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised, you must change your password.

Illegal Activity

a. Compliance with Laws; Fraud. The Site and Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You may not register under a false name or use an invalid or unauthorized credit card. You may not impersonate any participant or use another participant's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and HyperOutlet will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

b. Investigation. HyperOutlet has the right, but not the obligation, to monitor any activity and content associated with this Site. HyperOutlet may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on the Site, including product listings. HyperOutlet reserves the right and has absolute discretion to remove, screen, or edit any content that violates these provisions or is otherwise objectionable.

c. Disclosure of Information. HyperOutlet also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect HyperOutlet 's systems and customers, or to ensure the integrity and operation of HyperOutlet 's business and systems, HyperOutlet may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history, and posted content.

Privacy.

Read the HyperOutlet Privacy Notice.

The Privacy Notice may be changed by us in the future.

You should check the Privacy Notice frequently for changes. Unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the Site or disclosed to you by HyperOutlet or its affiliates, except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, or otherwise objectionable conduct. HyperOutlet and its affiliates may communicate with you in connection with your listings, sales, and the Services, electronically and in other media, and you consent to such communications regardless of any "Customer Communication Preferences" (or similar preferences or requests) you may have indicated on the Site or by any other means. Please note that when you sign up to sell items on the Site, some personally identifiable information about you, including your feedback and the e-mail address associated with your account, may be displayed on the Site and may be viewed by potential buyers.

No Warranties. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. HYPEROUTLET MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
a. THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
b. THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR;
c. THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF FIXED PRICE SALE, LAWFUL TO SELL, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED;
d. ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
e. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF HYPEROUTLET.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HYPEROUTLET DISCLAIMS ANY AND ALL SUCH WARRANTIES.

Indemnity/Limitation of Liability.

a. Indemnity and Defense. You will defend, indemnify and hold harmless HyperOutlet and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any Claim that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Participation Agreement; or (ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or Seller Taxes or the collection, payment or failure to collect or pay Seller Taxes. For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity; and "Seller Taxes" means any and all sales, use, excise, import, export, value added and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through the HyperOutlet.com Site, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.

b. Limitation of Liability. HYPEROUTLET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE PARTICIPATION AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.

Applicable Law. The Site and the Services are arranged, sponsored, or managed by HyperOutlet in UK. The laws of the UK govern this Participation Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate HyperOutlet's intellectual property rights, HyperOutlet may seek injunctive or other appropriate relief in any court, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Participation Agreement shall be joined to an arbitration involving any other party subject to this Participation Agreement, whether through class arbitration proceedings or otherwise.

Disputes. HyperOutlet will not be involved in resolving any disputes between participants related to or arising out of any transaction. HyperOutlet urges Sellers and Buyers to cooperate with each other to resolve such disputes.

Your Grant. By entering into this Participation Agreement, you grant ITXL Global Limited, including HyperOutlet, Uk Sports and Fitness and its affiliates a nonexclusive, worldwide, royalty-free, irrevocable right to exercise all copyright, trademark rights, and rights of publicity over the content you submit to HyperOutlet or content submitted from availability of images, descriptions and content in your own website(s) for use at HyperOutlet and its affiliates in any existing or future media, known or unknown, now or at any later date. You represent and warrant that you own or otherwise control all of the rights to the content submitted to HyperOutlet and its affiliates, and that the use of such materials by HyperOutlet and its affiliates will not infringe upon or violate the rights of any third party.

Termination. HyperOutlet, in its sole discretion, may terminate this Participation Agreement, access to the Site or the Services, or any current auctions or fixed price sales immediately without notice for any reason.

General Provisions

a. Entire Agreement. This Participation Agreement, including any terms and conditions incorporated herein by reference, and the general terms and conditions of the Site, including but not limited to the Privacy Notice and Conditions of Use, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.

b. No Agency; Third-Party Beneficiary. HyperOutlet is not the agent, fiduciary, trustee, or other representative of you. Nothing expressed or mentioned in or implied from this Participation Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Participation Agreement. This Participation Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of HyperOutlet, you, and relying Buyers or Sellers.

c. Severability. If any provision of this Participation Agreement shall be shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

d. No Waiver. We will not be considered to have waived any of our rights or remedies described in this Participation Agreement unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. HyperOutlet 's failure to enforce the strict performance of any provision of this Participation Agreement will not constitute a waiver of HyperOutlet 's right to subsequently enforce such provision or any other provisions of this Participation Agreement.

Content licence

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, trade marks, database rights and all other intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law. (We need these rights to host and display your content.)