Terms and Conditions of Use

Valid from 21 May 2009

These Terms and Conditions of Use ("Agreement") are a legal contract between us ("Magic3000.com") and you ("Member - Buyer or Seller"). You should review this entire Agreement before you decide whether to accept it and continue with the sign up process.

Before you continue you should print off or save a copy of this Agreement for your records.

The Agreement shall be effective from the date of acceptance by you ("Effective Date").

Magic3000.com is a website located and operated entirely in the United Kingdom and it's applicable laws govern these Terms and Conditions of Use.

Agreement
The use of the Website constitutes your acceptance, without modification, to the terms, conditions and disclaimers contained in this Agreement. If you do not accept these Terms and Conditions you should not use any of the documents or information contained herein and you should leave the Website immediately.

Distance Selling Regulations
Due to the digital nature of purchased services from the website, no automatic right of refund or cancellation exists after a service has been purchased by you in accordance with Regulation 13 of the Consumer Protection (Distance Selling) Regulations 2000.

Use of Magic3000.com Services
You should ensure that any information supplied by you is correct before proceeding to payment or participating in any free trial of our services. Magic3000 does not accept responsibility or offer refunds if you provide incorrect information. It is also your responsibility to select the correct level of service ("Premium Membership"). We cannot be held responsible for any errors made by you in selecting the wrong service or entering incorrect information.

SERVICE FEATURES AND DESCRIPTION

A website member ("Buyer or Seller") that Buys or Sells any item on Magic3000.com acknowledges and agrees that:

(a) All product transactions are between the Buyer and Seller.
(b) Unless "Magic3000" is expressly designated as the Seller of a Product on the Web Site; Magic3000 is not responsibe in any way for any product listed on the website.
(c) Magic3000 shall not be responsible for, and does not control, the quality, safety or legality of the Products advertised, the truth or accuracy of the description of the Products, the ability of Sellers to sell Products, or the ability of Buyers to buy Products; and Magic3000 shall not be responsible for, and does not control, whether or not a Buyer will complete the purchase of or payment for Products that Buyer agreed to purchase from Seller.
(d) Magic3000 provides the Trading Platform to enable the listing of bona fide products for sale and that the safest way to secure payment for any product is through PayPal only.
(e) Magic3000 may, but shall have no obligation under this Agreement to, edit, modify, refuse to post or remove any Content, in whole or in part, that it considers to be objectionable, erroneous, illegal, fraudulent or in violation of this Agreement.

Prohibited Actions. Seller shall not:

(a) Require Buyer to provide Seller with the account numbers of any credit card, debit card or other Payment Account.
(b) Add any Service use surcharge to a Payment Transaction.
(c) Separately process as a Payment Transaction the amount of any tax applicable to a purchase of a Product.
(d) Permit the use of the Service for payment of any debt owed to Seller by Buyer.

No Representation as to Customer Identity
Magic3000 shall have no responsibility to any Buyer or Seller to investigate the background of, or confirm the identity of, any Customers of the Service. Magic3000 may offer a feedback or other ranking system on the Service to assist Buyer or Seller in evaluating other Customers of the Service. Buyer or Seller acknowledges that any such feedback or ranking system represents solely the opinion of other Customers of the Service, and is not an opinion of or, representation, or warranty by Magic3000.

Pay Pal Verification.
Buyer and Seller acknowledges that Magic3000 may conduct due diligence and identity checks in relation to users of the Service, such checks may include Pay Pal Verification. This verification procedure checks a Pay Pal email address with Pay Pal's verification system located here:

https://www.paypal.com/us/verified/pal=example@example.com

... where example@example.com is the Pay Pal email address to be verified. The results displayed are Pay Pal's own verification descision and not Magic3000's. Pay Pal Verification is soley based on security checks carried out by Pay Pal themselves, which are strong industry security checks and go some way to provide a safer way to increase security when you pay parties you do not know. Magic3000 claims no responsibility as to the accuracy or truthfullness of Pay Pal's security checks and you agree not to hold Magic3000 responsible for their accuracy.

Buyer and Seller Disputes
Magic3000 is not a party to and shall not be responsible for any Disputes that arise from the use of the Services.
Please see our Buy Magic Safely guidlines.

Username and Password Information
Buyer and Seller shall be responsible for maintaining the confidentiality of its Service username and password. Buyer and Seller is responsible for any and all Service transactions by persons that Buyer or Seller gives access to or that otherwise use such username or password and any and all consequences of use or misuse of such username or password. Buyer or Seller agrees to notify Magic3000 immediately of any unauthorised use of its username or password or any other breach of security regarding the Service of which Buyer or Seller has knowledge.

Intellectual Property Rights
Magic3000 and its licensors shall own all right, title and interest, including without limitation all Intellectual Property Rights relating to the Service (and any derivative works or enhancements thereof), including but not limited to, all software, technology, information, content, materials, guidelines, and documentation. Buyer or Seller shall not acquire any right, title, or interest to the Service, the Intellectual Property Rights relating to the Service and/or Magic3000 Brand Features, except for the limited use rights expressly set out in the Agreement.

Disclaimer
The services available on the Website are provided on an "as is" basis without any representations or endorsements made and without any warranty of any kind whether express or implied, including but not limited to implied warranties of fitness for purpose, merchantability and accuracy.

By using the Website you agree that in no circumstance shall Magic3000 be liable for any indirect, incidental, special or consequential damages, including, but not limited to, loss of business or profits or any other financial loss, loss of revenues, contracts, data, business, anticipated savings, any loss of goodwill or reputation arising out of or in any way connected with the use of the Website or the services, under any law or on any basis whatsoever whether contractual or otherwise. In addition you agree that if, for any reason, Magic3000 is liable for any damages, the total liability of Magic3000 shall be limited to the financial amount of the service purchased.

TERMINATION OF SERVICE

Magic3000 may:

(a) terminate this Agreement and/or suspend Buyer or Seller’s use of the Service at any time, if in Magic3000's reasonable discretion, Buyer's or Seller’s use of the Service, creates a risk of financial harm or loss of goodwill to Magic3000.
(b) terminate this Agreement if there is a Change in Control of Buyer's or Seller's original account holder. In this clause the term "Control" shall mean the possession by any person(s) or nominee(s) directly or indirectly of the power to direct or cause the direction of another person and "Change of Control" is to be construed accordingly;
(c) terminate this Agreement and/or suspend Buyer's or Seller’s use of the Service, if Sellers fails to comply the Terms and Conditions of Use.
(d) terminate this Agreement if Magic3000 no longer offers the Services in the territory in which the Buyer or Seller operates.

Hyperlinks
The Website may contain hyperlinks to websites operated by other parties. We do not control such websites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites.

Alteration of Terms and Conditions
We reserve the right to alter the Terms and Conditions from time to time, but this right shall not affect the existing Terms and Conditions accepted by you upon making a purchase using the Website.