DATAWING - SILVERLINING - TERMS AND CONDITIONS

1.Introduction

1.1 These terms and conditions supplement the general Terms and Conditions for the website

1.2 Silverlining ('the platform' or ‘the service’) is operated by Datawing Limited ('The Company', 'our', 'we' or 'us') as part of Datawing.com ('the website'). The Company is registered in England and Wales under Company Number: 07650812 and its VAT registration number is TBA. The registered office of the Company is at 85 Chruch Road, Hove, East Sussex. BN3 2BB.

1.3 By using the platform in any manner, including but not limited to visiting or browsing the platform facilities on the website, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the platform, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the website.

1.4 If you do not wish or are not able to be legally bound by all of these terms and conditions, are under eighteen (18) years old, or are temporarily or indefinitely suspended from using the platform or the website, then you may not use the platform.

2. Nature of the service

2.1 The Silverlining platform from Datawing allows third party sellers to list and sell their products on Datawing.

2.2 The platform helps facilitate transactions that are carried out on the website, the company is neither the buyer nor the seller of the seller's items. The website provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between buyer and seller. The company is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller's agent. The seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller.

3. General use of the platform

3.1 While using the platform you will be bound by the website’s Rights and Responsibilities.

3.2 While using the platform you will not:

3.2.1 take any action that may undermine the feedback or ratings systems.

3.3 You may not use the platform if you are a politically affiliated or associated organisation (including but not limited to those listed on any sanction or other EU, UN or other similar list)

4. Selling on the platform

4.1 When selling merchandise or services on the platform you will not:

4.1.1 post content or items in an inappropriate category or areas on our sites and services;

4.1.2 violate any laws, third party rights or our policies, such as the Prohibited and Restricted Items policies;

4.1.3 fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;

4.1.4 manipulate the price of any item or interfere with another users' listing;

4.1.5 circumvent or manipulate our fee structure, the billing process, or fees owed to the company;

4.2 When payment is received for a product or service we will inform you using the websites notification facilities.

4.3 By publishing an item on the platform, you agree to pay the platforms fees for such, assume full responsibility for the content of the listing and item offered, and accept that: Your listing will be posted on the platform the website and affiliated services; Your listing may not be immediately visible due to the way information propagates through the service. The positioning of your listing in search results may depend on certain factors including but not limited to listing title, description, product type, product attributes, price, feedback, or seller ratings.

5. Buying on the platform

5.1 When buying merchandise or services on the platform you will not:

5.1.1 fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, the description of the product is inaccurate, or you cannot authenticate the seller's identity;

6. Payment of credit funds

6.1 When you have received payment for merchandise or services through the platform we may hold the funds until such time that we are confident the merchandise or service has been delivered to the purchaser.

6.2 The decision to hold funds is based on certain factors, including, but not limited to, selling history, seller rating, risk associated with the product category.

6.3 To withdraw credit funds you must provide us with bank details. If the currency of the target account is different from your account on the website then you will be liable for any currency conversion fees incurred.

7. Prohibited and Restricted Items

7.1 The following items or services may not be sold on the platform

7.1.1 any activities contrary to any applicable laws, by-laws, regulations, rules or orders;

7.1.2 live streaming;

7.1.3 Investment programmes or “Get Rich Quick” schemes;

7.1.4 uncoded gaming (gambling);

7.1.5 timeshares or property reservations (Off and On Plan);

7.1.6 products with unproven or doubtful efficacy (including but not limited to slimming pills and body enhancers);

7.1.7 tobacco or alcohol products;

7.1.8 drugs, chemicals, any form of controlled substances and or related paraphernalia;

7.1.9 weapons (including but not limited to guns, knives and ammunition);

7.1.10 items or materials that promote, encourage or facilitate illegal activity;

7.1.11 counterfeit products;

7.1.12 items which breach any third party intellectual property rights in any jurisdiction;

7.1.13 items incorporating proprietary rights (including but not limited to any intellectual property rights) belonging to third parties without full permission;

7.1.14 adult DVDs which do not hold a BBFC Rating of 18 or below (R18 material is not acceptable);

7.1.15 material which incites violence, hatred or racism or which are considered obscene;

7.1.16 escort agencies or massage parlours

7.1.17 politically affiliated or associated organisations (including but not limited to those listed on any sanction or other EU, UN or other similar list)

7.1.18 eWallets;

7.1.19 e-gold.

7.1.20 extended warranties, goods and services protection policies (other than regulated products and services).

8. Limitation of Liability

8.1 You will not hold the company responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items.

8.2 You acknowledge that the platform is a venue to allow anyone to offer, sell, and buy merchandise and services in a variety of ways, such as catalogues and auction-style sales. You acknowledge that while the platform facilitates the transfer of funds from the buyer to the seller, we are in no way part of the contract formed between the buyer and the seller.

8.3 While we may help facilitate the resolution of disputes, we have no control over and do not guarantee the quality, safety or legality of items advertised, the accuracy of sellers content or listings, the ability of sellers to sell items or services, the ability of buyers to pay for items or services, or that a buyer or seller will actually complete a transaction or return an item.

8.4 For certain categories, for example Real Estate, vehicles or other high cost items a sale or a successful bid does not create any form of binding contract and the transaction may be required to complete outside of the platform and follow correct legal procedure for the jurisdiction where the item is being sold. In such cases a successful bid or sale only indicates a positive interest in the item.

8.5 We do not transfer legal ownership of items from the seller to the buyer.

8.6 We cannot guarantee continuous or secure access to our sites, services or tools, and operation of our sites, services or tools may be interfered with by numerous factors outside of our control.

8.7 To maximum the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the platform

8.8 Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

8.9 Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to twice the aggregate of all amounts paid by you to us. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.

9. Replacement

These terms and conditions replace all other terms and conditions previously applicable to the use of the platform.