Terms and Conditions

Last updated: March 14, 2023. Applicable from 21 March 2023.

This document sets out the terms and conditions (“Terms”) on which you (“you” or “User”) may use: 

i) the Olio Exchange Limited (“Olio”, us”, “we” or “our”) website at www.olioapp.com; and 

ii) the Olio application, 

for the purposes of these Terms, both the website and the application shall be referred to as the “App”.

The App facilitates the Offer and Request of Items through the Platform.

Please read these Terms carefully before using the App. By using the App, you agree to comply with and be legally bound by these Terms, whether or not you become a registered User. These Terms govern your access to and use of the App and constitute a binding legal agreement between you and Olio. You are advised to print and retain a copy of these Terms for your future reference. 

  • Section A contains general provisions which apply to all Users of the App and all sections of these Terms
  • Section B applies to Adders
  • Section C applies to Requesters
  • Section D applies to the Goals feature
  • Section E applies to the Olio Supporter feature
  • Section F applies to the Olio Borrow feature
  • Section H applies to the For Sale section

For the purposes of these Terms:

Adder” means a person who Offers an Item or Items for free or for sale;

Food” means food, foodstuffs, or drinks; 

Item”means non-food item(s) and/or Food;

Offer” means offering an Item or Items for free of for sale to Users by listing it on the App;

Platform” means the App’s software as a service platform;

Request” means requesting an Item or Items being Offered on the App; and

Requester” means a person who Requests an Item or Items.

In these Terms, unless the context requires a different interpretation:

  • the singular includes the plural and vice versa;
  • references to conditions are to conditions, of these Terms;
  • “including” is understood to mean “including without limitation”;
  • a reference to any statutory provision includes any modification or amendment of it;

SECTION A: GENERAL PROVISIONS

  1. INFORMATION ABOUT OLIO AND THE APP
    1. The App is owned, managed, operated and maintained by Olio Exchange Limited, (company number: 09428660), and having its registered address at 157a Nelson Road, London, England, N8 9RR, United Kingdom. 
    2. Olio is an online marketplace which allows Users to Offer Items on the Platform to other Users for free or for sale. The App also allows Users to search for Items to Request.
    3. Users can also create personal Olio profiles (“Profiles”), communicate with other Users and Olio (via the forum or otherwise), provide feedback on their experiences and use other services available on the App such as Olio Supporter, Borrow and Goals (together, the “Services”).
    4. Olio shall be entitled at its own discretion to suspend the App for any reason whatsoever, including, but not limited to, repairs, planned maintenance or upgrades to the App or Platform.  Olio shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the App, including, but not limited to, preventing you from using the Platform or using any of the Services available on the App.
    5. Olio reserves the right to make any changes to the App including any functionalities, content and Services or to discontinue any aspect of the same without notice to you.
    6. Olio relies on third-party providers (such as network providers, data centres and telecommunication providers) to make and host the App and the content therein and the Services available to you. Whilst Olio takes all reasonable steps available to provide you with a good level of service, you acknowledge and agree that Olio does not warrant that the App shall be uninterrupted or fault-free at all times. Olio therefore shall not be liable in any way for any losses, damages, costs or expenses you may suffer as a result of delays or failures of the Services and App attributable to Olio or its service providers.
    7. Olio may be contacted at 157A Nelson Road, London N8 9RR, United Kingdom, or by email at: hello@olioapp.com.
  2. GENERAL
    1. If Olio fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
    2. A waiver by Olio of any default shall not constitute a waiver of any subsequent default.
    3. No waiver by Olio of any of these Terms shall be effective unless it is expressly stated to be a waiver and it is communicated to you in writing.
    4. For the avoidance of doubt, references to “in writing” shall be deemed to include emails.
    5. Olio reserves the right to use third-party suppliers or subcontractors at any time and in any way, in respect of the performance of its obligations under these Terms.
    6. If any term, condition or provision of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
    7. These Terms and any document expressly referred to in them represent the entire agreement between you and Olio in respect of your use of the App, your use of the Platform and the Services, and they shall supersede any prior agreement, understanding or arrangement between you and Olio, whether oral or in writing.
    8. You acknowledge that in entering into these Terms, you have not relied on any representation, undertaking or promise given by or implied from anything said or written whether on the App, the internet or in negotiation between you and Olio except as expressly set out in these Terms.
    9. Olio may alter or amend these Terms by notifying you by email or via the App. By continuing to use the Services and/or the App after notification, you will be deemed to have accepted any changes or amendment to these Terms. 
    10. These Terms are governed by and construed in accordance with the laws of England and Wales. Subject to conditions 2.11 and 2.12, the Courts of England and Wales shall have exclusive jurisdiction over any disputes arising out of these Terms. 
    11. If any dispute arises in connection with these Terms, the App or the Services, the parties will attempt to settle it by correspondence and, for business users, by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties, within 14 days of notice of the dispute, the mediator will be nominated by CEDR.
    12. The mediation will take place in London, England and the language of the mediation will be English. The Mediation Agreement referred to in the Model Procedure shall be governed by, and construed and take effect in accordance with the substantive law of England and Wales. If the dispute is not settled by mediation within 14 days of commencement of the mediation or within a further period as the parties may agree in writing, the dispute shall be referred to the courts of England and Wales.
  3. WARRANTIES
    1. By registering your details with Olio as a User, you warrant that:
      1. you are legally capable of entering into binding contracts;
      2. you are at least 18 years old; 
      3. the information provided by you to Olio is true, accurate and correct. You further warrant that you shall promptly notify Olio in the event of any changes to such information; and
      4. you are not in any way prohibited by the applicable law in the jurisdiction in which you are currently located to enter into these Terms for the use of the App and Services.
  4. REGISTRATION
    1. In order to browse items or complete a transaction as a Requester or Adder within the App, you must first complete the registration form and set up an account as an Olio User (“Account”). 
    2. All registered Users are able to use the App both as a Requester and an Adder, and are subject to the Terms in relation to Requester and Adder, as applicable.
    3. When you register with Olio you will be asked if you agree to these Terms, the End User Licence Agreement and agree to your personal data being used in accordance with our Privacy Policy.
    4. Olio may give you the opportunity to invite friends by email, SMS, Facebook or WhatsApp to join the App. Olio is not liable for any communication that you make via such third-party applications, websites or other forms of media. 
    5. You shall keep your registration details for the App (“Login Details”) confidential and secure. Without prejudice to any other rights and remedies available to Olio, Olio reserves the right to promptly disable your Login Details and suspend your access to the App in the event that Olio has any reason to believe you have breached any of the provisions in these Terms.
    6. Notwithstanding the foregoing, Olio reserves the right to:
      1. accept or reject your application to register for any reason; and
      2. suspend your Account and/or refuse you access to the Services and/or App (partly or wholly) if you breach any of the provisions in these Terms.
    7. No action or inaction on the part of Olio to exercise its rights in accordance with 4.6.1 and/or 4.6.2 shall be taken as an acceptance of any actions or inactions on your part.
  5. DONATIONS 
    1. Users can make a financial donation to Olio (“Donation”) via the App to help us in our mission to fight food waste.
    2. All Donations referred to in condition 5. are handled by Stripe through their secure payments processing website (https://stripe.com/gb) and will attract a payment handling fee determined by them.
    3. When a Donation is made via the App, the transaction is final and not disputable unless unauthorised use of your payment card is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules.
    4. When you submit your payment details, you are providing them directly to our payment provider, Stripe, and your payment data will be collected and processed securely by them. You should make sure that you are aware of Stripe’s terms and conditions, which are different from our own, to ensure that you are comfortable with how they will process your personal data before you make a Donation. You may find these on their website (https://stripe.com/gb).
    5. These Terms apply separately to each single Donation that you make and they do not form a contract allowing for future or successive transactions to be set up. By confirming on the App that you wish to make a donation you agree to be bound by these Terms for that Donation.
    6. If you make an error in your Donation please contact us by email at hello@olioapp.com within 5 calendar days and, subject to our review confirming the error, a full refund will be made to you.
  6. USER OBLIGATIONS
    1. You agree that you are solely responsible and liable for all activities carried out by your use of the App, including, but not limited to, for the content of any communication made when using or about the App.
    2. You shall not upload to the App (through your use of the Services), any information, reviews, comments, images, third-party URL links or other material whatsoever in any format (“User Submissions”), whether within your personal Profile, when submitting a review in relation to another User, on the forum or elsewhere on the App that, in Olio’s reasonable opinion, may be deemed to be offensive, illegal, inappropriate or that in any way:
      1. promotes racism, bigotry, hatred, homophobia or physical harm of any kind against any group or individual;
      2. harasses or advocates harassment of another person;
      3. displays pornographic or sexually explicit material;
      4. promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;
      5. promotes any illegal activities;
      6. provides instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
      7. promotes or contains information that you know or believe to be inaccurate, false or misleading;
      8. engages in or promotes commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of Olio; or
      9. infringes any rights of any third party (including their intellectual property rights).
    3. You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on the App whether or not the submission of such User Submission is part of the Services. You agree that Olio may, at its sole discretion, choose to display or to remove any User Submission or any part of the same that you make on the App.
    4. You hereby grant to Olio a non-exclusive, perpetual, irrevocable, worldwide,  licence to display on the App, any User Submission or any part of the same and for Olio to make the User Submissions available to other Users of the App.
    5. If you believe that any User Submission made by another User is incorrect or inappropriate, please report it using the App or contact Olio using hello@olioapp.com. Olio shall use its reasonable endeavours to review the relevant User Submission as soon as is practicable and shall take such action as it deems necessary, if any at all. If a User Submission is deemed to be in breach of these Terms, Olio reserves the right in its absolute discretion to suspend a User Account in accordance with condition 4.6.2.
    6. You further agree that at all times, you shall:
      1. not use your Login Details with the intent of impersonating another person;
      2. not allow any other person to use your Login Details;
      3. not use the information presented on the App or provided to you by Olio for any commercial purposes;
      4. not do anything likely to harass, cause harm or distress to any other Users or Olio employee;
      5. not create multiple Accounts or create a new Account if you have previously been suspended and/or if you have been refused access to the Services and/or App for any reason;
      6. not infringe any rights of any third parties (including their intellectual property rights);
      7. comply with all instructions and policies from Olio from time to time in respect of the use of the Platform, the Services and the App;
      8. cooperate with any reasonable security or other checks or requests for information made by Olio from time to time; and
      9. use the information made available to you on the App and through the Services at your own risk.
    7. You acknowledge that Olio may monetise any environmental benefits associated with diverting any Item from its usual waste stream, including, but not limited to, the carbon emissions avoided, the amount of water saved, and the preserved biodiversity, or the equivalent thereof. You acknowledge that you may not monetise any environmental benefits associated with any Item, or deduct these environmental benefits from your own carbon inventory (or the equivalent thereof, if applicable), or claim any financial consideration to Olio or any third-party for such monetisation.
    8. In the event that you have a dispute with any other User of the App, you hereby release Olio from any claims, demands, losses, expenses and damages (whether direct, indirect, actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute and Olio will have no liability or responsibility to resolve such dispute.
  7. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
    1. Subject to conditions 7.6 and 7.7, if Olio fails to comply with these Terms, Olio shall be given a reasonable opportunity to rectify any errors and to re-perform its obligations hereunder. If Olio’s failure to comply with its obligations is not remedied in accordance with this clause 7.1, then Olio shall only be liable for losses, damages, costs or expenses which are a reasonably foreseeable consequence of such failure (whether arising in contract, tort (including negligence) or otherwise), up to a maximum of one hundred pounds sterling (£100). 
    2. You acknowledge and agree that where the App includes views, opinions, advice or recommendations, such views, opinions, advice and recommendations are not attributed to Olio nor are they endorsed by Olio and, to the maximum extent permitted by law, Olio excludes all liability for the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such views, opinions, advice or recommendations.
    3. You acknowledge and agree that the Services and/or the App have not been developed to meet your individual requirements and therefore, it is your responsibility to ensure that they meet your requirements.
    4. You acknowledge and agree that Olio is not responsible or liable for any adverse or unfavourable ratings or reviews posted by other Users about you via the App.
    5. Olio does not routinely monitor or control any User Submission, or other information made available to you through your use of the Platform, the Services and/or the App. Consequently, Olio does not warrant or guarantee the accuracy, correctness, reliability or suitability in respect of any User Submission or any other information made available to you through your Offer or Request of the Items, the Services and/or the App. Olio cannot advise you or assist you in making or refraining from making a decision, or in deciding on a course or specific cause of action. If you intend to use and/or rely upon any User Submission or any other information made available to you through your use of the Platform, the Services and/or the App, you do so at your own risk and liability. If Olio is made aware that a User Submission is incorrect, it may correct the User Submission as it sees fit. For example, if a Food has been incorrectly labelled/categorised as a non-food Item.
    6. Subject to condition 7.7, Olio shall not be liable for losses (whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable) that result from its failure to comply with these Terms that fall into the following categories:
      1. consequential, indirect or special losses;
      2. loss of profits, income or revenue;
      3. loss of savings or anticipated savings, interest or production;
      4. loss of business or business benefits;
      5. loss of contracts;
      6. loss of opportunity or expectations;
      7. loss of goodwill and/or reputation;
      8. loss of marketing and/or public relations time and/or opportunities;
      9. loss of data; 
      10. loss of management or office time; or
      11. any other losses howsoever arising.
    7. Nothing in these Terms excludes or limits Olio’s liability for:
      1. death or personal injury caused by its negligence;
      2. fraud or fraudulent misrepresentation by Olio; or
      3. any other matter for which it would be illegal for Olio to exclude or attempt to exclude its liability.
    8. Olio does not in any way participate nor shall it be liable in any way for whatever reason for any communication, transaction, meet-up, set-up or relationship between you and other Users. Olio therefore recommends that you take all safety precautions when contacting, socialising and engaging in social gatherings or meetings, including with regard to the Offer and Request of Items, with other Users.
  8. INTELLECTUAL PROPERTY RIGHTS
    1. Olio and its licensors own all the intellectual property rights in and relating to the App, Services and Platform. 
    2. You are expressly prohibited from:
      1. reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the App, except for the purposes of sharing content on social media platforms such as Twitter, Facebook, etc; and
      2. removing, modifying, altering or using any registered or unregistered trademarks/logos/designs owned by Olio or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Olio or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Olio.
    3. Provided that Olio is unaware of any infringement of any third-party intellectual property rights at the time you submit any User Submissions, Olio shall not be liable in any way to you or any third party for any breach of such rights subsequently notified to you or Olio.
  9. PRIVACY AND DATA PROTECTION
    1. Your privacy and the safety of your personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
  10. FORCE MAJEURE
    1. Olio shall not be liable or responsible for any failure to perform, or delay in performance of any of its obligations under these Terms that is caused by events outside its reasonable control (“Force Majeure Event”).
    2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Olio’s reasonable control and includes in particular (without limitation) the following:
      1. strikes, lock-outs or other industrial action;
      2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
      3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
      4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
      5. impossibility of the use of public or private telecommunications networks; and
      6. the acts, decrees, legislation, regulations or restrictions of any government (including lockdowns).
    3. Olio’s performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and Olio shall have an extension of time for performance for the duration of that period. Olio will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under these Terms may be performed despite the Force Majeure Event.
  11. COMPLAINTS
    1. If you wish to lodge a complaint about another User for breaching any of these Terms, you may do so by sending Olio details of your complaint by emailing hello@olioapp.com. Olio will use its reasonable endeavours to respond to your complaints within a reasonable time and to take reasonable action which it deems appropriate to attempt to resolve or rectify the subject matter of such complaints.
  12. TERMINATION
    1. Olio may suspend or terminate your use of the Services and/or App or ban you from using the Services and/or App, at its entire discretion, if:
      1. any of Olio’s third-party communication network providers or any other third-party providers cease to make their services available to Olio for any reason;
      2. Olio believes you or someone using your login details has failed to comply with one or more of these Terms;
      3. Olio believes there has been fraudulent use, misuse or abuse of the Services and/or App;
      4. Olio believes you have provided any false, inaccurate or misleading information; or
      5. Olio believes that your use of the Services and/or presence on the App may cause harm or distress to other Users.
    2. On termination, your access to the App shall cease and Olio may delete your Profile.
    3. We will notify you that your Account has been terminated, banned or suspended, unless you repeatedly breach the Terms or we have legal or regulatory reasons preventing us from notifying you. If Olio terminates your Account, you will not have a contractual or legal right to continue to use the Services or the App.
    4. You may delete your Account on the App at any time by either: (i) selecting the appropriate function in your Account settings in the application version; or (ii) emailing Olio to request your Account to be deleted if you are using the web-based version. If you terminate your Account, you may lose any information associated with your Account, including your profile, any User Submissions and any related content. 

SECTION B: REQUESTERS

  1. INTRODUCTION
    1. Upon registration as a User, and in consideration of your compliance with Terms, Olio will provide you with the Requester Services as described in this section.
  2. REQUESTER SERVICES
    1. Subject to condition 1.5 of Section A above, the Requester Services will comprise of the following:
      1. the facility to create a Profile page (including a photo) which can be accessed by Adders;
      2. the ability to search for Items offered by Adders who have registered with the App; 
      3. the ability to communicate with other Adders using the App;
      4. the facility to review and/or submit feedback on Adders; and
      5. access to any other features and functionality for the Requester Services provided by Olio to Requesters from time to time.
    2. You acknowledge and agree that all transactions are subject to acceptance by the Adders. The contract for fulfilment of a transaction is created between you and the Adder, which will only be formed once you have received such acceptance. Olio is not a party to such contract nor is it responsible for either party’s performance under such a contract and Olio makes no guarantee that the obligations of either party under the contract will be fulfilled.
  3. ADDITIONAL OBLIGATIONS AS A REQUESTER
    1. You must at all times use the Requester Services and the App in accordance with these Terms. In particular, all content and material uploaded to or forming part of your Profile must comply with the rules relating to User Submissions set out in Section A of these Terms.
    2. As a Requester, you are responsible for:
      1. ascertaining the identity of any Adders;
      2. ensuring you have sufficient information relating to any health & safety risks, including ascertaining that the Adder is, where applicable, registered or licensed as appropriate with the relevant authority. This may include being registered or licensed as a food business;
      3. any review of Adder to be fair, honest and reasonable; and
      4. verification of all information provided by the Adder in relation to any Food, including the ingredients and allergen information.
    3. In using the Requester Services, you must:
      1. not provide information (including in your Profile) which you know to be inaccurate, false, incomplete, untrue or is or may be deemed to be a misrepresentation of the facts; and
      2. immediately notify Olio in the event you have any reason to believe or suspect that an Adder has breached any of the terms set out in Section A and/or Section C of these Terms.
  4. ADDITIONAL EXCLUSION OF WARRANTIES
    1. You acknowledge and agree that the Services provided by Olio are limited to providing you with a forum to attempt to source Items and connect you with Adders. When you use the Requester Services, Olio does not warrant or guarantee:
      1. that you will find Items suitable to your specific tastes, dietary needs or other requirements;
      2. the status of any Adder as a business or that they are compliant with any standards set by the relevant food authorities (such as UK: Food Standards Agency; USA: Food and Drugs Administration; Australia/New Zealand: Food Standards Australia New Zealand, etc.); 
      3. that the premises used by an Adder are suitable for cooking and preparing food or, where applicable, registered with their local environmental health department;
      4. that the Adders’ Profiles are genuine;
      5. that any information or documentation made available on an Adder’s Profile is authentic, valid, accurate or otherwise complete; or
      6. the identity of the Adder using the App.
    2. Olio is not responsible in any way for the quality or supply of any Items listed by Adders. Such items are to be provided by the Adders on terms and conditions as may be agreed between you and the Adder.
    3. In the event of a dispute between you and any Adder, or if the Items provided by an Adder are not provided to a satisfactory standard or at all, you agree that Olio is not liable, including but not limited, to any loss, damages, costs or expenses or personal injury suffered or incurred by you in the course of receiving such Items from an Adder, and you release and hold harmless Olio from anything you may suffer or any liability in relation to such dispute.

SECTION C: ADDERS

  1. INTRODUCTION
    1. Upon registration as a User, in consideration of your compliance with these Terms, Olio will provide you with the Adder Services as described in this section.
  2. ADDER SERVICES
    1. Subject to condition 1.5 of Section A above, the Adder Services will comprise the following:
      1. the facility to create a Profile page (including a photo), which can be accessed by Requesters;
      2. the ability to list Items available for Offer;
      3. the ability to specify when you are able to share Items to Requesters and at what location and preferred times;
      4. the ability to post reviews and/or submit feedback about Requesters; and
      5. any other features and functionalities of the Adder Services provided by Olio to you from time to time
  3. ADDITIONAL OBLIGATIONS AS AN ADDER
    1. By choosing to be an Adder and to list and share your Items to Requesters through the App, in addition to the general obligations set out in section A of these Terms, you agree that all information submitted by you, the supply of the Items, and any other information provided or comments made to Requesters through the App, must:
      1. be accurate, correct and up-to-date;
      2. not breach any applicable statutory or regulatory requirements, including following good hygiene practice and food allergen practice and, where applicable, food safety management procedures based on the standards set by the relevant food competent authority (such as UK: Food Standards Agency; USA: Food and Drugs Administration: Australia/New Zealand: Food Standards Australia New Zealand);
      3. not commit an offence by adding for Offer any controlled substance (including but not limited to alcohol, solvents, prescription medicines, weapons or fireworks) for which you do not hold the relevant licence to do so;
      4. not be misleading, deceptive or in any way contravene any and all applicable consumer, health and safety and e-commerce laws and regulations; 
      5. not be obscene, defamatory or be in the reasonable view of Olio deemed to be offensive and/or inappropriate; and
    2. In using the Adder Services you must:
      1. at all times keep all information including, communication and correspondences between you and the Requesters secure and confidential;
      2. ensure your use of the Adder Services is personal to you; and
      3. immediately notify Olio in the event you have any reason to believe or suspect that a Requester has breached any of the terms set out in Section A and/or Section C of these Terms.
    3. You further acknowledge and agree that Olio may, at its sole discretion, immediately remove your Profile from the App where it reasonably considers that such Profile, any information you have uploaded or Items provided, no longer meet the standards that Olio requires of its Adders on the App, at its absolute discretion. 
    4. Failure by Olio to exercise its rights under condition 19.3 should not be taken as acceptance by Olio of any failure on your part to comply with these Terms.
  4. ADDITIONAL EXCLUSION OF WARRANTIES
    1. You acknowledge and agree that Olio only provides you with the facility to Offer and share Items to Requesters by providing you with the Adder Services. Olio does not warrant, represent or guarantee that you will find any Requesters to share Food or non-food Items with or achieve any specific results whatsoever.
    2. You acknowledge and agree that using the Platform through the App may require registration, licensing or approval as a food business with the relevant food authority in your country of residence/domicile. Olio provides limited information in relation to this on the App. However, you acknowledge that this is intended as information only and does not constitute advice of any nature. Therefore, it must not be relied on to assist you in making or refraining from making a decision or to assist you in deciding on a course of action. Your use and reliance on any information on the App shall be at your own risk and Olio shall not be liable whatsoever for any damages and loss which you may incur as a result of or in connection with your use and reliance on such information. You undertake to conduct your own research and ensure that you comply with the requirements, laws and regulations applicable to you. Olio shall not be liable to you for any failure by you to comply with any relevant laws, requirements and regulations that may apply to you in the use of the App, Platform and/or Services through the App.
    3. You further agree that Olio does not vet or verify the identity of the Requesters on the App. Consequently, Olio does not warrant or guarantee:
      1. the completeness, correctness and accuracy of any Requester’s Profile;
      2. that any transactions made by Requesters are genuine; or
      3. the identity of the Requesters using the App.
    4. You further acknowledge that Olio has no control of and therefore has no liability whatsoever in respect of the behaviour, responses and quality of the Requesters on the App.
    5. Olio provides the Adder Services solely to connect Adders with Requesters who may be seeking to Request Items from you. You acknowledge and agree that you are solely responsible for all communication and any subsequent dealings with Requesters. You, the Adder, shall hereby indemnify Olio in full and on demand against all losses, damages, costs, claims and expenses that Olio incurs in connection with any of your dealings with Requesters, or with any Items you supply to Requesters, including such losses and damages incurred by Olio in respect of sickness, disease or death of any Requester arising out of your acts, negligence or omissions in the application of food safety requirements applicable to any Food shared by you via the App.

SECTION D: GOALS

  1. GOALS
    1. The App contains a Service called Goals.
    2. The purpose of Goals is to provide Users with guidance and inspiration on how to lead a more sustainable life in the form of tips (“Goals”).
    3. As part of the Service, some of the Goals displayed to Users will include links to third-party products or services.
    4. The links displayed to Users are affiliate advertising, further details of which are set out in condition 22 below.
    5. Please see our Goals FAQs for more details.
  2. AFFILIATE LINKS & ADVERTISING
    1. As part of Goals, Olio sometimes publishes affiliate advertisements, which means that if a User clicks on a link and purchases an item, Olio will receive a percentage of the sale, at no extra cost to the User.
    2. When a User clicks on a link, they will be directed automatically to the website of the third-party product supplier or service provider enabling them to purchase that product or service.
    3. If a User purchases that product or service via the third-party website, the contract for purchase will be between the User and the third-party supplier or service provider.
    4. The User’s purchase will be subject to the third party’s terms and conditions for sale of goods or supply of services and the user’s order or purchase will be fulfilled by that third-party.
    5. The User’s interaction with and any transaction concluded via the third-party’s website will be subject to that third-party’s privacy policy.
    6. Olio advises Users to check any third-party terms and conditions and the third party’s privacy policy prior to purchase.
    7. Olio accepts no responsibility or liability for the suitability or otherwise of any third-party products or services for the User and it, in no way, guarantees that a product will be in stock or that a service is available.
    8. Users are under no obligation to purchase any of the products or services that appear as affiliate advertising in Goals.
    9. The money generated by Olio from the affiliate advertising is used to help fund the App which means Olio can keep the App, the Platform and the Services free for Users.

SECTION E: OLIO SUPPORTER

  1. GENERAL
    1. If you subscribe to our paid version of the App (“Olio Supporter”), in addition to these Terms, you agree to and shall comply with the following terms and conditions specific to Olio Supporter (the “Olio Supporter Terms”)
    2. The Olio Supporter Terms include and incorporate the FAQs and all applicable Olio policies and they create a legally binding agreement (the “Supporter Contract”) between you and Olio.
  2. OLIO SUPPORTER SERVICE
    1. Olio Supporter provides Users who have subscribed to Olio Supporter with additional functionality, including, but not limited to:
      1. enhanced map functionality; and
      2. a special Olio Supporter profile.
  3. USING OLIO SUPPORTER 
    1. You must be 18 years of age or older to use Olio Supporter or you will not be able to enter into the legally binding Supporter Contract to pay the Subscription Fees (as defined below) or make a Request or Offer via Olio Supporter.
  4. SUBSCRIPTION FEES
    1. By signing up to use Olio Supporter, you agree to pay the Subscription Fees (as defined below).
    2. There are two types of subscription to Olio Supporter:
      1. a monthly subscription (“Monthly Subscription”) where you will pay a monthly subscription fee (“Monthly Subscription Fee”); and 
      2. an annual subscription (“Annual Subscription”) where you will pay an annual subscription fee (“Annual Subscription Fee”),
    3. The Monthly Subscription Fee and the Annual Subscription Fee are known collectively as the “Subscription Fees” and “Subscription” means either the Monthly Subscription or the Annual Subscription, as applicable to you.
    4. Subscriptions are offered as in-app purchases through iTunes, Google Play and any other available app providers (the “App Provider”) and you must confirm your purchase with the App Provider which then authorises the App Provider to charge you the applicable Subscription Fees.  
    5. Details of the Monthly Subscription Fee and Annual Subscription Fee are shown in the App and by the applicable App Provider. You will be charged the Subscription Fees displayed for your chosen Subscription.
    6. The chosen App Provider collects regular, automatic payments of the Subscription Fees depending on the chosen payment plan, i.e. monthly or annually in advance. Such payments will be processed according to the terms and conditions and privacy policy of the applicable App Provider. Olio does not have access to your payment details.
    7. If you have any objections to a payment, please contact the App Provider.   
  5. RELATIONSHIP BETWEEN Olio, SUPPORTERS AND THE APP PROVIDERS 
    1. If you subscribe to Olio Supporter via the relevant App Provider, you acknowledge and agree that:
      1. the Olio Supporter Terms are an agreement between you and Olio, and not with the App Provider as Olio is solely responsible for Olio Supporter;
      2. the App Provider has no obligation to provide any maintenance and support services with respect to Olio Supporter;
      3. with the exception of facilitating refunds, payments and cancellations, the App Provider is not responsible for addressing any claims you have relating to Olio Supporter; and
      4. you must also comply with all applicable App Provider terms of service when using Olio Supporter.
  6. TERM AND TERMINATION
    1. The Supporter Contract will become effective and enforceable when you press the button to select either the Monthly Subscription or the Annual Subscription when subscribing for Olio Supporter and the Supporter Contract will remain effective until terminated by you or Olio.
    2. If we decide to suspend you from using Olio Supporter, terminate your use of Olio Supporter or ban you from using Olio Supporter in accordance with these Terms, your Subscription shall continue unless and until you cancel your Subscription with your App Provider directly. For the avoidance of doubt, it is your responsibility to cancel your Subscription and Olio will not be held responsible or liable for such. During the period of any suspension, ban or termination, unless you have cancelled your Subscription, your Subscription Fees will still be due and payable by you during the period of any suspension, ban or termination.  
  7. CANCELLATION OF AUTO-RENEWAL
    1. You may cancel the auto-renewal of your Subscription at any time using the processes provided by your App Provider in accordance with their terms and conditions. Information on this is contained in our FAQs but please check with your App Provider if you require further details.  
    2. For any cancellations in accordance with condition 29.1, you will not be entitled to a refund of your Subscription Fees already paid. However, you will be able to continue to use Olio Supporter until the end of your Monthly Subscription period or Annual Subscription period, as applicable. 
    3. Please note that deletion of your Account or the App is not considered to be a valid termination.
  8. NO RIGHT TO CANCEL/REFUNDS
    1. When you place an order for Olio Supporter, you confirm that:
      1. you consent for your access to Olio Supporter to start immediately after you place your order by clicking the applicable Monthly Subscription or Annual Subscription button; and
      2. you acknowledge that this means you lose your right to cancel and you are not entitled to a refund.
    2. As the digital content is being made available to you immediately, you are hereby waiving the 14 day cooling-off period. This means that, in accordance with condition 29.1, you do not have the right to cancel the Supporter Contract once Olio Supporter is made available for access by you and, in accordance with condition 29.2, you are not entitled to a refund. 
    3. In accordance with applicable consumer protection laws, digital content must be:
      1. of satisfactory quality;
      2. fit for a particular purpose; and
      3. as described by the provider, 
    4. and if the digital content does not meet these criteria and develops a fault, you have the right to have your digital content repaired or replaced.  Please contact us if you believe your version of Olio Supporter to be faulty and we may offer you a repaired or replacement version of Olio Supporter.
      1. For the avoidance of doubt, if Olio Supporter is unavailable due to server downtime or minor bugs in the App, such downtime or bugs do not constitute a fault and you will not be entitled to any refund of your Subscription Fees.
      2. App Providers have their own refund policies in relation to apps, and links to details of such policies are set out below. However, these may be updated from time to time and it is the User’s responsibility to check the details of such policies directly with the applicable App Provider.
      3. For Users based in the UK and the EU, Google Play’s refund policy can be found here.
      4. For Users of the App Store, Apple’s refund policy can be found here.
      5. For any other App Provider, please check their website or contact them directly for details.
  9. AMENDMENTS
    1. Olio may change, remove or add services and features to Olio Supporter from time to time. Olio may also change Subscription Fees and other terms of the Olio Supporter Terms, at any time, due but not limited to:
      1. external costs associated with the provision of Olio Supporter and increased administration costs;
      2. inflation;
      3. amended legislation, regulation or practice; and/or
      4. changes to and/or discontinuation of the features or services offered in the App.
    2. You acknowledge our right to make such changes and agree that such changes do not entitle you to a refund of the Subscription Fees (as defined below). Olio will not be liable to you for the effect that any changes to Olio Supporter may have on you.
    3. If you are a user of Olio Supporter, your continued use of Olio Supporter following a change or update will mean you accept that modified version. If the modifications are not acceptable to you, you may stop using Olio Supporter and cancel the auto-renewal of your subscription in accordance with condition 29.1. 
  10. INTELLECTUAL PROPERTY RIGHTS
    1. In addition to the general data protection provisions set out in these Terms, the following additional terms and conditions apply to users of Olio Supporter:
      1. we hereby grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to use Olio Supporter solely for your personal use for lawful purposes; and 
      2. if a third party claims Olio Supporter infringes another party’s intellectual property rights, Olio will be responsible for the investigation, defence, settlement and discharge of any such claim to the extent required by these Olio Supporter Terms.

SECTION G: OLIO BORROW

  1. GENERAL
    1. For the purposes of this section of the Terms only:
      1. Requesters shall be known as “Borrowers”;
      2. Adders shall be known as “Lenders”;
      3. Offer or Offering shall be known as “Lending”; 
      4. Request or Requesting shall be known as “Borrowing”; and
      5. the definition of “Items” shall include the permitted list of household items which are the specific non-food Items for Borrow listed here.
    2. The Borrow service in the App facilitates registered Borrowers and Lenders to connect and lend, and borrow household items (“Borrow”). 
    3. The terms and conditions set out below are specific to Borrow (the “Borrow Terms”). 
    4. The Borrow Terms are incorporated into the Terms and include and incorporate:
      1. the Acceptable Use Policy; and
      2. the Borrow FAQ; and
      3. where applicable, the Olio Supporter Terms,

(together the “Borrow Policies”), and together with the Borrow Terms create a legally binding agreement (the “Borrow Contract”) between you, the Borrower or the Lender (as applicable) and Olio.

  1. By using Borrow or otherwise indicating your consent, you are agreeing to be bound by the Borrow Contract in connection with Borrow.  
  1. THE BORROW SERVICE AND OLIO
    1. Olio facilitates the Lending and Borrowing of Items through the App. Borrow is a Service in the App that allows household Items that are owned by Lenders to be listed and offered for Lending to Borrowers. Borrowers are able to contact the Lender of an Item to place a request for that Item. 
    2. Arrangements for the Lending and Borrowing of the item are subject to a private contract between Borrower and Lender. Olio is not a party to that contract, we are simply the intermediary who offers a framework to allow Borrowers and Lenders to connect.
    3. As part of this contract, the Borrower and Lender must agree on the process for collection and return of Items and the process for cancellation.
    4. Items offered for Lending through the App are neither owned by Olio nor come into Olio’s possession at any time.
    5. Olio in no way warrants or claims that:
      1. the existence, quality, safety, or legality of any Item listed on Borrow or its packaging or instructions are fit for purpose; and
      2. any Lender offering Items on Borrow has obtained the necessary licences, permissions or consents to be permitted to Lend those Items. 
    6. Olio does not offer any compensation to Borrowers. The transaction is a private negotiation between the Borrower and Lender.
    7. We may, from time-to-time, update or improve certain features or functions in Borrow. Use of such features and functions are subject to these Borrow Terms.
  2. USING BORROW
    1. In order to be able to use the Borrow feature, you must either be a registered User of the App or if you are not already registered, you must register for an Account on the App. 
    2. You must be 18 years of age or older to use Borrow or you will not be able to enter into the legally binding Borrow Contract to use Borrow.
    3. Olio seeks to promote legal activity and good conduct on the App however you understand and agree that, in using the App, Olio is not responsible or liable for the content posted on the App by other users.  Furthermore, you may be exposed to content and behaviour that contravenes the Borrow Contract and, as such, you understand and agree that you use the App at your own risk.
    4. You can use the App to interact with other individuals, either online or in person. However, you understand and accept that Olio does not screen users of the App, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgement in all interactions with others, especially if you are meeting someone in person.
    5. Use of Borrow is currently free of charge and no fees or commission for Borrowers or Lenders are payable. However, depending on individual mobile phone rates, costs for data transfer may apply when using the App, which will have to be paid by the User.
    6. If you are a Lender, when you list your Item on the App, you may set restrictions for Borrowers, including, but not limited to, only Lending to Borrowers with a 4*+ rating or Borrowers who live within a certain radius.
      1. If we discover any Items listed on the App that do not conform with the Borrow Terms or we believe that such items are illegal, unethical, immoral, damaging to our reputation, or infringe any third-party rights, we will remove such Items from the App. 
      2. A Lender may choose to ask the Borrower for a refundable deposit to be paid in order to Borrow the Item (“Deposit”). If a Deposit is payable, it is for the Lender and Borrower to agree the amount of the Deposit via the messaging function in the App.
      3. The Borrower must pay the Deposit to the Lender on collection of the Item.
      4. The Lender must return the Deposit to the Borrower on return of the Item, if the Lender is satisfied that the Item has been returned in the same condition and in working order. 
  3. LENDERS’ OBLIGATIONS
    1. In addition to the Lenders’ obligations set out in the Terms, the following obligations apply to Lenders using Borrow:
      1. you cannot and must not Lend any Items or offer any Items for Lending on Borrow that do not comply with our Borrow Policies or do not comply with any laws or regulations in your country of residence/domicile; 
      2. you will ensure that each of your Item listings contain all the information required for Borrowing an Item, and that such information is wholly complete and accurate;
      3. the Items that you offer for Lending must be in working condition, fit-for-purpose and safe to use;
      4. you have all necessary rights to Lend any Items you list on the App, and that the Borrower’s use of the Items will not infringe any other party’s rights;
      5. you can Lend an Item for any length of time that you wish, but please ensure that you specify the length of time in the details for the Item on the App;
      6. you agree that you will act in accordance with all applicable laws in connection with your use of Borrow, offering Items for Lending on Borrow and allowing the collection/return of those Items to/by the Borrower, including any laws that are applicable in your country of residence/domicile;
      7. you shall use reasonable endeavours to ensure that all product safety and operating information (including the instructions for use and the manual) are available and provided to the Borrower. If the manual is missing, you can search for it online by entering the details of the Item into a search engine;
      8. it is your responsibility to obtain any consents, permissions, permits or licences that you require to be able to Lend your Items via Borrow or otherwise including any that are required or applicable in your country of residence/domicile; 
      9. you must respond accurately to any question from Borrowers in relation to the Item, its use or operation;
      10. if the Borrower wishes to cancel Borrowing an Item, they are obliged to inform you and you may cancel that arrangement within the App, and re-list the Item at your convenience;
      11. you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Olio, another Olio user, or any third party; 
      12. you must comply with our guidance on safe handovers during Covid-19, as updated from time to time and as applicable during the pandemic; 
      13. once you agree the terms and conditions for Lending the Item with the Borrower, you must not amend those terms and conditions unless the Borrower agrees to those amended terms; 
      14. return any Deposit (if applicable) to the Borrower, when the Item is returned to you; and
      15. in the unlikely event of any Borrower refusing to return an Item or the Item not being returned (despite several prompts from the Lender) to you, the Lender should report the missing Item to their local Police Station.
    2. You acknowledge and accept that the Borrow Policies may contain information that is applicable in the UK only. We make no promise that the Borrow Policies are appropriate for users in locations outside of the UK. If you choose to access and use Borrow from locations outside the UK, you acknowledge you do so at your own risk and are responsible for compliance with local laws where they apply.
  4. BORROWERS’ OBLIGATIONS 
    1. In addition to the Borrowers’ obligations set out in the Terms, the following obligations apply to Borrowers using Borrow:
      1. prior to Borrowing any Item from a Lender, you are responsible for checking that any Item offered on Borrow and the photographs and description of that Item match your requirements as a Borrower; 
      2. prior to Borrowing any Item from a Lender, a Borrower should read and check the Lender’s terms and conditions before accepting to Borrow the Item;
      3. prior to Borrowing any Item from a Lender, the Borrower should check the Lender’s profile and reviews; 
      4. you are responsible for making arrangements with the Lender for the collection and return of the Items; 
      5. if you change your mind about Borrowing an Item, you must inform the Lender as soon as possible via the App so that the Lender may re-list the Item;
      6. you must return the Item in the same condition as it was in when you collected it from the Lender (subject to any reasonable wear and tear);
      7. you may not Lend any item on the App that you have Borrowed yourself;
      8. you must return the Item to the Lender prior to the expiry of the Borrowing period;
      9. you must comply with our guidance on safe handovers during Covid-19, as updated from time to time; and
      10. you will be responsible for any Items that you Borrow when those Items are in your care, including, but not limited to, compensating the Lender for any loss or damage to those Items. You will also be responsible for any damage you cause to other people or property when you use those Items.
    2. You acknowledge and accept that the Borrow Policies may contain information that is applicable in the UK only. We make no promise that the Borrow Policies are appropriate for users in locations outside of the UK. If you choose to access and use Borrow from locations outside the UK, you acknowledge you do so at your own risk and are responsible for compliance with local laws where they apply.
  5. INSURANCE
    1. Olio does not insure or offer insurance for the Items.
    2. Although insurance is optional, if you are a Lender and you wish to insure the Items that you Lend on the App, please check with your insurance provider. 
  6. INTELLECTUAL PROPERTY RIGHTS
    1. In addition to the general intellectual property provisions set out in these Terms, the following additional terms and conditions apply to Lenders:
    2. You warrant that:
      1. you are the legal owner or valid licensor of all of the intellectual property rights in and relating to the photographs, images and copy that you provide or upload to the listings in Borrow;
      2. our use of your intellectual property rights by us as set out in condition 39.3 will not infringe any intellectual property rights owned by any third party, and there is and will be no claim against us by any third party arising in relation to the use of such intellectual property rights; and
      3. Items offered for Lending by you are not fakes, replicas or design copies of any maker, brand, designer or manufacturer.
    3. You permit us to access and use any User Submissions, content, including photos, that appear on your listing, in connection with Borrow, the App or Olio’s business. 
    4. You shall indemnify us in full for any and all damages, liabilities, costs, expenses and/or losses resulting from any breach of this condition 39and the following sub-conditions in respect of any claim that the normal operation, possession or use of those intellectual property rights by us infringes a third party’s intellectual property rights.
  7. DATA PROTECTION
    1. In addition to the general data protection provisions set out in these Terms, the following additional terms and conditions apply to Lenders:
      1. when using Borrow, there are circumstances in which both Olio and a Lender may process a Borrower’s personal data. In those circumstances, Olio and the Lender are considered separate and independent data controllers of the applicable Borrower’s personal data. In such cases, each party is responsible for the personal data it processes in connection with the services provided via Borrow. If a Borrower discloses personal data to a Lender as part of the Lending/Borrowing of Items by the Lender to the Borrower, it is the Lender, not Olio, who will be responsible for the collection, processing and storage of such personal data; and 
      2. if you are a Lender, you shall indemnify us in full for any and all damages, liabilities, costs, expenses, fines and/or losses in connection with your breach of any of your data protection obligations when acting as a controller of the personal data of Borrowers.  
  8. LIMITATION OF LIABILITY
    1. In addition to the limitation of liability provisions set out in the Terms, the following terms and conditions apply to Borrow:
      1. you agree, accept and understand that Olio does not create, make, manufacture, store, or inspect any of the Items made available via Borrow. The Items are procured, listed, and lent directly by the Lenders, therefore Olio cannot and does not give any warranties about the quality, safety, or even legality of any Item. Borrowers and Lenders hereby release Olio from any claims related to Items Borrowed/Lent through Borrow, including any claims in connection with any defective Items, misrepresentations by Lenders, or Items that caused physical injury (for example, product liability claims).
  9. DISPUTES BETWEEN BORROWERS AND LENDERS
    1. Any legal claim by a Borrower related to an Item must be brought directly by the Borrower against the Lender of the Item and vice-versa.
    2. If any dispute or issue arises between Borrowers and Lenders, both parties are encouraged to communicate privately and to try to solve the dispute or issue themselves.
    3. Olio is not responsible or liable for resolving any disputes or issues between Borrowers and Lenders and Olio is released from any claims, demands, losses and damages arising out of any disputes between Borrowers and Lenders or other parties. 
    4. Olio may, in certain circumstances, offer reasonable assistance to Borrowers and Lenders if a dispute has occurred between them but, if Olio is asked for assistance in a dispute, Olio will not be responsible or liable for resolving any disputes or issues between Borrowers and Lenders and Olio is released from any claims, demands, losses and damages arising out of any disputes between Borrowers and Lenders or other parties.

SECTION H : THE FOR SALE SECTION (SELLING ON OLIO)

  1. GENERAL
    1. The For Sale section of the App facilitates registered Adders and Requesters to connect, buy, and sell, for an agreed price, pre-owned Items locally (“For Sale”). 
    2. For the purposes of this section of the Terms only:
      1. Requesters shall be known as “Buyers”;
      2. Adders shall be known as “Sellers”;
      3. Offer shall be known as “Sale”; and
      4. Request shall be known as “Purchase”.
    3. For Sale is not for professional Sellers. Any Seller that Olio has reasonable grounds to believe is a professional Seller, at its entire discretion, will be banned from the App.
    4. The For Sale section is found in the “Non-food” section of the App, by clicking on “For Sale”.
    5. For Sale is not for food. Any Seller selling any food will be banned from the App.
    6. The terms and conditions set out below are specific to For Sale (the “For Sale Terms”). 
    7. The For Sale Terms are incorporated into the Terms and include and incorporate:
      1. the Acceptable Use Policy;
      2. the Selling on Olio FAQ; and
      3. the What Can/Can’t I Share on the App FAQ.

(together the “For Sale Policies”), and together with the For Sale Terms create a legally binding agreement (the “For Sale Contract”) between you, the Buyer or the Seller (as applicable) and Olio.

  1. By using For Sale or otherwise indicating your consent, you are agreeing to be bound by the For Sale Contract.  
  1. THE FOR SALE SERVICE AND OLIO
    1. Olio facilitates the Sale and Purchase of Items through the App. For Sale is a Service in the App that allows pre-owned Items to be listed and offered for Sale to Buyers. 
    2. Pre-owned means that all Items must either be used, second-hand or unwanted Items that are owned by Sellers.
    3. Arrangements for the Sale and Purchase of the Items are subject to a private contract between Buyer and Seller. Olio is not a party to that contract, we are simply the intermediary who offers a framework to allow Buyers and Sellers to connect, negotiate and contract between themselves.
    4. It is the responsibility of the Buyer and Seller to agree the price, process for payment, delivery, refunds, exchanges or cancellation of any orders or Items between themselves.
    5. Items offered for Sale through the App are neither owned by Olio nor come into Olio’s possession at any time.
    6. Olio in no way warrants or claims that:
      1. the existence, quality, safety, or legality of any Item listed or its packaging are fit for purpose;
      2. any Seller offering Items for Sale has obtained the necessary licences, permissions or consents to be permitted to sell those Items; and
      3. Olio does not offer any refunds to Buyers. The exchange or transaction is a private negotiation between Buyer and Seller.
  2. SELLERS’ OBLIGATIONS
    1. In addition to the Adders’ obligations set out in the Terms, the following obligations apply to Sellers:
      1. You have all necessary rights to offer for Sale any Item you list on the App, and that the Buyer’s use of the Items will not infringe any other party’s rights;
      2. You agree that you will act in accordance with all applicable laws in connection with your use of For Sale, including but not limited to, any laws and tax obligations that are applicable in your country of residence/domicile;
      3. It is your responsibility to obtain any consents, permissions, permits or licences that you require to be able to sell your Items via For Sale or otherwise including any that are required or applicable in your country of residence/domicile; 
      4. You must respond accurately to any question from Buyers in relation to the Items, its condition, use or operation;
      5. If the Buyer wishes to cancel the Purchase of an Item, they are obliged to inform you and you may cancel that arrangement within the App, and re-list the Item at your convenience;
      6. You will ensure that each of your Items listings contain all the information required by a Buyer to make an informed Purchase decision and that such information is wholly complete and accurate;
      7. You may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Olio, another Olio user, or any third party; and
      8. You are responsible and liable for paying any applicable taxes in relation to any income from sales that you make through For Sale.
    2. You acknowledge and accept that the For Sale Policies may contain information that is applicable in the UK only. We make no promise that the For Sale Policies are appropriate for users in locations outside of the UK. If you choose to access and use For Sale from locations outside the UK, you acknowledge you do so at your own risk and are responsible for compliance with local laws and regulations.
  3. BUYERS’ OBLIGATIONS 
    1. In addition to the Requesters’ obligations set out in the Terms, the following obligations apply to Buyers using For Sale:
      1. prior to purchasing any Item from a Seller, you are responsible for checking that any Item offered for Sale and the photographs and description of that Item match your requirements as a Buyer; 
      2. prior to purchasing any Item from a Seller, a Buyer should read and check the Buyer’s terms and conditions before accepting to purchase the Item;
      3. prior to purchasing any Item from a Seller, the Buyer should check the Buyer’s profile and reviews; 
      4. Buyers are responsible for making arrangements with the Sellers for the collection and return of the Items; 
      5. if you change your mind about purchasing an Item, you must inform the Seller as soon as possible via the App so that the Seller may re-list the Item;
      6. you are responsible for paying the Seller for the Item in accordance with the Seller’s price and payment terms.
    2. You acknowledge and accept that the For Sale Policies may contain information that is applicable in the UK only. We make no promise that the For Sale Policies are appropriate for users in locations outside of the UK. If you choose to access and use For Sale from locations outside the UK, you acknowledge you do so at your own risk and are responsible for compliance with local laws and regulations.
  4. PAYMENT
    1. Olio does not provide any payment function, system or payment processing.
    2. Payment and the terms of any payment are organised and agreed between the Seller and the Buyer.
      1. Olio has created some guidance for payments for Buyers and Sellers in the Selling on Olio FAQ. However, Olio is not responsible or liable for any payments, any non-payment, any refunds or any issues in connection with any payments.
    3. Use of For Sale is currently free of charge and no fees or commission for Buyers or Sellers are payable. 
  5. INTELLECTUAL PROPERTY RIGHTS
    1. In addition to the general intellectual property provisions set out in these Terms, the following additional terms and conditions apply to Sellers:
    2. You warrant that:
      1. you are the legal owner or valid licensor of all of the intellectual property rights in and relating to the photographs, images and copy that you provide or upload to the listings in For Sale;
      2. our use of your intellectual property rights by us as set out in condition 48.3 will not infringe any intellectual property rights owned by any third party, and there is and will be no claim against us by any third party arising in relation to the use of such intellectual property rights; and
      3. Items offered for sale by you are not fakes, replicas or design copies of any maker, brand, designer or manufacturer.
    3. You permit us to access and use any User Submissions, content, including photos, that appear on your listing, in connection with For Sale, the App or Olio’s business. 
    4. You shall indemnify us in full for any and all damages, liabilities, costs, expenses and/or losses resulting from any breach of this condition 48 and the following sub-conditions in respect of any claim that the normal operation, possession or use of those intellectual property rights by us infringes a third party’s intellectual property rights.
  6. DATA PROTECTION
    1. In addition to the general data protection provisions set out in these Terms, the following additional terms and conditions apply to Sellers:
      1. When using For Sale, there are circumstances in which both Olio and a Seller may process a Buyer’s personal data. In those circumstances, Olio and the Seller are considered separate and independent data controllers of the applicable Buyer’s personal data. In such cases, each party is responsible for the personal data it processes in connection with the services provided via For Sale. If a Buyer discloses personal data to a Seller, it is the Seller, not Olio, who will be responsible for the collection, processing and storage of such personal data; and 
      2. If you are a Seller, you shall indemnify us in full for any and all damages, liabilities, costs, expenses, fines and/or losses in connection with your breach of any of your data protection obligations when acting as a controller of the personal data of Buyers.  
  7. LIMITATION OF LIABILITY
    1. In addition to the limitation of liability provisions set out in the Terms, the following terms and conditions apply to For Sale:
      1. You agree, accept and understand that Olio does not create, make, manufacture, store, or inspect any of the Items made available via For Sale. The Items are sold directly by the Sellers, therefore Olio cannot and does not give any warranties about the quality, safety, or even legality of any Item. Buyers and Sellers hereby release Olio from any claims related to Items sold through For Sale, including any claims in connection with any defective Items, misrepresentations by Sellers, or Items that caused physical injury (for example, product liability claims).
      2. Olio is not for professional sellers. If you use For Sale for business purposes (and you are not a “consumer” as defined by the UK Consumer Rights Act 2015), you agree that we have no liability to you under any circumstances for any losses, costs, damages or expenses that you may incur through your use of For Sale whether direct, indirect or consequential (including, but not limited to, any loss of profit, loss of business, business interruption or business opportunity).
  8. DISPUTES BETWEEN BUYERS AND SELLERS
    1. Any legal claim by a Buyer related to an Item must be brought directly by the Buyer against the Seller of the Item and vice-versa.
    2. If any dispute or issue arises between Buyers and Sellers, both parties are encouraged to communicate privately and to try to solve the dispute or issue themselves.
    3. Olio is not responsible or liable for resolving any disputes or issues between Buyers and Sellers and Olio is released from any claims, demands, losses and damages arising out of any disputes between Buyers and Sellers or other parties. 
    4. Olio may, in certain circumstances, offer reasonable assistance to Buyers and Sellers if a dispute has occurred between them but, if Olio is asked for assistance in a dispute, Olio will not be responsible or liable for resolving any disputes or issues between Buyers and Sellers and Olio is released from any claims, demands, losses and damages arising out of any disputes between Buyers and Sellers or other parties.

END

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