Terms of Service

a.        Upon registration a Client Monies account (also referred to as a Margin Account) is opened in the name of  registered Trader. Trader will be obliged to maintain a credit balance in this account to cover all liabilities outstanding or payable through the DealMaker payment system; including, but not limited to, advance payments received for products not yet delivered and sales commissions due. Unencumbered funds are clearly shown and can be withdrawn and transferred to any other bank at any time.

b.        Buyer and Seller have full access to other parties Terms of Contract plus an anonymous full risk profile with up to 10 security checks, such as; verification of e-mail address, physical address and listed telephone number, mobile telephone number, bank account control, credit card control, passport and drivers licence verification, credit agency and professional references. Key business information including market capitalization for public companies, net assets, number of employees, size of business premises, age of business, client feed-back reports, etc., Actual contact information is not released by DealMaker until both parties have agreed a deal and commissions have been deposited.

c.        All deals remain "Pending" until both parties have deposited sufficient funds to cover all payments due through the DealMaker payment system, and confirmed all commitment messages.

d.        Either party may cancel any deal up until "Pending" status has been removed from deal.      

e.        All sales commissions are deemed earned, due and payable immediately upon acceptance of order and satisfaction of any "subject to" terms.

f.        Purchase deposits are due and payable immediately upon initial confirmation of agreement of purchase and sale between Buyer and Seller.

g.        Deposit is transferred from Buyers margin account to Sellers margin account.

h.        Funds stipulated for deposit to "Escrow" during the bidding process may not be withdrawn from trader's margin account until proof of delivery is confirmed.

i.        If parties agree not to deposit funds to "Escrow" then Seller can withdraw available balance immediately upon final confirmations of deal. In this event any subsequent disputes regarding this payment must be resolved directly between Buyer and Seller only, without recourse on DealMaker or any other banking or payment service provider.  

j.        After initial payments have been received parties communicate directly to complete delivery and final payment arrangements.

k.        In the event of default by Seller full deposit plus any interest earned must be refunded to Buyer immediately with no further obligations or recourse available to either party.

l.        In the event of default by Buyer full balance of deposit will be released to Seller plus any interest earned as a pre-estimated cancellation fee with no further obligations or recourse available to either party.

m.        If deal is agreed "subject to finance" both parties will be eligible for a full refund in the event that, despite good faith efforts, sufficiently similar finance cannot be obtained to reasonably satisfy the requirements of order.

n.        DealMaker's only financial obligation to the parties in the transaction is to safeguard and insulate client monies in accordance with the law and release payments according to specific escrow instructions and terms of sale. Where active release is required by both parties such authorization may not be unreasonably withheld or delayed.

2. Membership Eligibility

Our services are not available to, and may not be used by, persons under the age of 18 years or to temporarily or indefinitely suspended DealMaker members. If you do not qualify, please do not use our services. If you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement.


3. Trader ID

You must choose a Trader ID and password during registration. You are responsible for all actions taken under that Trader ID and password and shall only use or utilise the Site using your own Trader ID and password. You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer or sell your Trader ID to any other person. You shall also not permit, either directly or indirectly, any other person to utilise your Trader ID or password.


3.1 DealMaker is Only a Venue. DealMaker does not represent a buyer nor a seller in any transaction. It is important to realise that we are not a traditional auctioneer, market-maker or broker. Instead, the Site acts as a venue which allows registered users to offer for sale, and bid to buy anything listed on the site, at any time, from anywhere, in a market driven pricing format. We do not review listings provided by users, we never possess the items offered through the Site and we do not represent either buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Do not assume that a bid, offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on the Site. We are not responsible for ensuring that buyers and sellers actually complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you.

3.2 Restricted Items. You must not offer, sell, bid for, or buy any items which are unsafe. We do not accept any obligation to protect you from unsafe items listed for sale on our Site. Please do not assume that items listed will be harmless to people or property.

3.3 Identity verification. We use many techniques to verify the accuracy of the information our users provide to us when they register on the Site. However, because user verification on the Internet is difficult, DealMaker cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site. Our User ID feedback rating system will also help you to evaluate the user with whom you are dealing. We encourage you to communicate with trading partners using the tools available on the Site. You may also wish to consider using a third party verification service once you receive the other party's contact information.  

3.4 Ratings. You must not take any actions that may undermine the integrity of the ratings system. We may limit the number of bids and offers you may place on the Site and your other activities on the Site based upon the level of your ratings. If you earn a negative rating your right to use our services may be suspended, and you will be unable to offer or bid. Ratings are not designed for any purpose other than for facilitating trading between DealMaker users, and you agree that you shall not market or export your DealMaker rating in any venue other than a DealMaker website. We do not allow you to import feedback from other websites to DealMaker because such feedback does not reflect your reputation within the DealMaker trading community.

3.5 Liability. In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release DealMaker (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.

3.6 Information Control. We do not control the information provided by other users which is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretences. By using this Site, you agree to accept such risks and agree that DealMaker is not responsible for the acts or omissions of users on the Site.


4. Bidding and Buying

As a buyer, you have a legal obligation to complete a transaction with a seller if you bid and your bid is accepted by the seller, unless the item is prohibited by law or by this User Agreement. By bidding on an item you agree to be bound by the conditions of sale included in the item's description provided that those conditions of sale are not in breach of this User Agreement or otherwise unlawful. Bids are only retractable in exceptional circumstances, such as when the seller materially changes the item's description after a bid is placed, a clear typographical error is made, or you cannot authenticate the seller's identity. As buyer, you must ensure that you are legally able to bid for and buy any item that you bid for.


5. Offering and Selling

5.1 Listing Description. If you are a seller, you must ensure that you are legally able to sell each item included in a listing on the Site, and that it is lawful to sell such item to EU or US residents or (if the buyer is resident overseas) that it is lawful to sell and export such item to a person resident in the buyer's jurisdiction. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content specifically relevant to the sale of that item, without any Contact, Owner or Seller identifiable information, and you are responsible for ensuring that you have the right to use all content in your listings and we have the right to host it on our servers.

5.2 No Cancellation. You acknowledge and declare that you consider yourself to be a knowledgeable and sophisticated professional trader and may not cancel a purchase order or sale after you have made or accepted a bid; and you recognise that you will not have the right to cancel any sale under the UK Consumer Protection (Distance Selling) Regulations 2000, subsequent amendments, or any equivalent legislation in your jurisdiction.
Ref: http://www.opsi.gov.uk/si/si2000/20002334.htm and http://www.opsi.gov.uk/si/si2005/20050689.htm

5.3 Binding Bids. A seller must complete the transaction with a bidder on completion of the acceptance process, unless: (a) the buyer fails to meet the conditions of the seller's listing (such as payment method); or (b) the seller cannot authenticate the buyer's identity.

5.4 Fraud. Without limiting any other remedies, we may suspend or terminate your account if we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Site.

5.5 Intellectual Property. We are not responsible for verifying a seller's right to list and sell items. DealMaker's IP programme attempts to ensure that listed items or the content of listings do not infringe the copyright, trade mark or other intellectual property rights of third parties. Third parties can notify us in the event that they believe their intellectual property rights to have been infringed, and we may remove such infringing items and/or suspend infringing sellers.

5.6 Manipulation. You must not manipulate the price of any item or interfere with other user's listing(s). Without limitation, you must not: (a) bid or offer on your own listing, or procure or encourage any person to do so on your behalf; (b) contact bidders directly, outside of the DealMaker Site, in order to offer similar items to bidders outside of the DealMaker Site; or (c) make bids or make any payment using a false User ID. (d) Inflate delivery charges beyond fair market rates. If delivery charges are specified then they must include all customary 'on-the-road' costs, including market rate carriage from dealers closest branch to FOB Delivery Point; Road Tax for 12 months; Registration and standard plates, but in any event may not exceed 2% of the final sale value.


6. Fees

Joining DealMaker and bidding on items is free, although you will remain responsible for the costs of accessing our Site and communicating with other users. We charge no fees for listing items for sale through our Site, (except where special bulk processing systems are arranged and agreed). When you list an item you have an opportunity to review and accept the sales commissions that you will be charged. Our fees are described in our Fees and Credits Policy or in your account profile which forms part of this User Agreement. We may change this policy at any time, and any change will be effective after the expiry of 14 days following the date of posting on the announcements board on the Site (or such later date as we may notify). However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, lower commission days) and such changes are effective when we announce the temporary promotional event on the Site. For the avoidance of doubt, such promotional events shall not apply to any listings on our Site at the time of the announcement. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. All fees are payable in GB Pounds sterling or U.S. Dollars or Euros. Whether you are a business or not, value added tax and other taxes may apply to your transaction. Sellers will be responsible for paying all fees associated with using our service and our Site and all applicable taxes. You agree that we may issue you with invoices in electronic format by email.


7. Your Information

7.1 Definition "Your Information" is defined as any information you provide to us or other users in relation to the DealMaker service including the registration, bidding, listing or feedback process (including, without limitation, any description of items listed), your postings on the message boards and any other content that you post within the Site. You are solely responsible for Your Information, and we act as a mere conduit for your online distribution and publication of Your Information.

7.2 Restrictions. Your Information and your activities on our Site must not: be false, inaccurate or misleading; be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights; infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy; be fraudulent or involve the sale of counterfeit or stolen items; be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising); be obscene, indecent or contain child pornography; create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; link directly or indirectly to or include descriptions of goods or services that: (a) are prohibited under this User Agreement; (b) are identical to other items you have up for sale but are priced more favourably for bidders; (c) are concurrently listed for sale on a website other than DealMaker's (this does not prevent linking to or advertising a DealMaker item from another website); or (d) you do not have a right to link to or include; contain any computer viruses, macro viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information; cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired. You must not list any item on the Site (or complete any transaction initiated using the Site) that, by paying to us the sales commission, could cause us to violate any applicable law.

7.3 Licence. To enable DealMaker to use Your Information. You grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in Your Information, in any media now known or not currently known. You also waive all moral rights you have in Your Information to the fullest extent permitted by law.

7.4 Access and Interference. The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to DealMaker by our users or third parties. You agree that you will not use any robot, spider, or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior express written permission of DealMaker and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. We do not authorise you to extract or re-utilise substantial parts of our Site, or to make systematic and repeated extractions or re-utilisations of insubstantial parts of our Site.

7.5 Your Use of Other Users' Information. In order to facilitate interaction among all DealMaker trader members, our service allows you limited access to other users' contact information. As a seller you may have access to the User ID, email address and other contact information of the buyer(s), and as a buyer or bidder you may have access to the User ID, email address and other contact information of the seller. By accepting this User Agreement, you agree that, with respect to other users' personally identifiable information that you obtain through the Site or through a DealMaker-related communication or DealMaker-facilitated transaction, you may only use such information for: (a) DealMaker-related communications that are not unsolicited commercial messages and relate to your genuine participation in a DealMaker facilitated transaction, (b) using services offered through DealMaker (e.g. escrow, insurance, finance, postal and fraud complaints), and (c) any other purpose that such user expressly agrees to after adequate disclosure of the purpose(s). In addition, you shall only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure. Note that law enforcement personnel and other rights holders may be given different rights with respect to information they access. DealMaker and our users do not tolerate spam or unsolicited commercial communications. Therefore, without limiting the foregoing, you shall not add a DealMaker employee or a DealMaker user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express written consent after adequate disclosure. To report spam from other DealMaker users, please send an email to the Trust and Safety team via the web contact form.


8. Breach

Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration or any of your item listings and refuse to provide our services to you without notice to you: (a) if you breach this User Agreement or the documents incorporated by reference; (b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause us financial loss or legal liability.


9. Transfer of Data

We view protection of users' privacy as a very important principle. Please note that Your Information will be stored and processed on our computers in the United Kingdom. The laws on holding personal data in the United Kingdom may be less stringent than other laws but DealMaker will hold and transmit Your Information in a safe, confidential and secure environment. If you object to your Information being transferred or used in this way please do not register.


10. No Warranty

We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.


11. Limitation of Liability

Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you. We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment. Our liability to you or any third party, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, in any circumstance is limited to the greater of (a) the total fees you have paid to us in relation to the listing or other service offered giving rise to liability, and (b) £100.


12. Indemnity

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party.


13. Notices

Unless otherwise explicitly stated, notices to DealMaker must be sent by registered mail to The Secretary, DealMaker.com, Yew Tree Hse, Old London Road, RH5 6DU, UK, or to The Secretary, DealMaker.com, 7113 Via Firenze, Boca Raton, FL 33433, USA and notices to you will be sent to the email address that you provide to DealMaker during the registration process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail.


14. Governing Law and Legal Compliance

This User Agreement shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts. Please note, that your country (and/or that of any user you deal with) may have laws which apply to your transactions with other users regardless of what you agree with us (now) or with that user (later). The laws of your country may be different from English law, including laws governing what can be legally offered, sold, exported, bought or imported. There may be additional legal requirements, relating to (for example) the requirement to hold a licence to buy or sell certain items, or to register a transfer in a central registry. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and solicitation of offers to purchase and sale of items. There is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.


15. Dispute Resolution

Disputes between you and DealMaker regarding our services may be reported to DealMaker Customer Support. We encourage you to report all disputes between users to your local law enforcement body.


16. Third Party Rights

A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.


17. General

If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that this User Agreement and all incorporated agreements may be automatically assigned by DealMaker, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and DealMaker are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement. This Agreement will prevail over any conditions of purchase or sale imposed by any user and our Privacy Policy, Disclaimer, and other website notices are incorporated in this User Agreement by reference. Each of the policies or notices may be amended from time to time and material changes will be posted on the Announcement Board except for the Privacy Policy for which we will provide you with thirty days notice. Sections 6 (Fees), 7 (Your Information), 11 (Limitation of Liability), 12 (Indemnity), 14 (Governing Law), 15 (Dispute Resolution) and 16 (Third Party Rights) shall survive any termination of this User Agreement.