Terms & Conditions

ProGun Terms of Use

Access to the Website is subject to the following terms of use. You must read the terms and understand the content prior to continuing to use the Website. By using ProGun, you indicate that you accept all of the Terms of Use and that you agree to abide by them. If you do not agree to these Terms please do not use ProGun. This page together with the documents referred to on it, tells you the terms and conditions on which you may use our websites progun.co.uk and progun.uk and their sister websites whether as a visitor or Registered User.

If you apply to become a Registered User you will be asked to click to "Accept" these Terms. Refuse the terms and you will not become a Registered User. Where you have refused to click "Accept" but continue to use ProGun as a visitor your continued use of ProGun will dictate acceptance of these Terms. Unregistered and Registered users, you are responsible for ensuring that all persons accessing our website via your internet connection are aware of these terms, and that they comply with them.

ProGun Ltd  reserve the right to amend these terms of use at any time and it is your obligation to check if changes have been made. Your use of the Website after changes are posted on-line shall constitute acceptance of the new terms of use.

In these terms of use: "we/us/our" means ProGun Ltd; "Website" means the Website; "you"/"your" means the user of the online services.

ProGun advise you to print a copy of these Terms for future reference.

1. Information About Us

Progun.co.uk and progun.uk are websites operated by ProGun Ltd trading as "ProGun" ("we", "our", "us").

We are registered in England and Wales under company number 10882843.

Our main trading address and address for correspondence is ProGun Ltd, 2 Masefield Close, Brockhall Village, Old Langho, BB6 8HS.

We are a limited company.

Our registered office is ProGun Ltd, 2 Masfield Close, Brockhall Village, Old Langho, BB6 8HS.

 

2. Definitions Used In These Terms

"Content" means the data, text, adverts, information, messages, details, photographs, graphics, screen names, files, software, sounds, mobile and static images and all other material on ProGun.

"Confirmation" means our e-mail confirmation to you that you have become a Registered User or Upgraded User.

"Items" means all services or goods offered for sale or hire that have been posted on ProGun.

"Minor" means a person under the age of 18.

"Post" means display, exhibit, publish, distribute, upload, transmit and/or disclose and the words "Posted" and "Posting" shall be interpreted accordingly.

"ProGun" means all web pages available under the domains progun.co.uk, progun.uk and their sister subdomains.

"Upgraded User" means a Registered User who can sell items in the multivendor store / marketplace.

“Registered User" means anyone who has a ProGun profile / account and includes Upgraded Users.

"Services" means all or any services provided by us through ProGun including without limitation our on-line market place.

"Terms" means these Terms of Use, our Privacy Policy and any documents to which they refer.

 

3. ProGun is a Venue

3.1 ProGun is a venue. Sellers may list Items, buyers may find Items and Registered Users may exchange their reasonably held opinions and legal views.

3.2 We are not responsible for contracts for the supply of goods, services or information formed through ProGun (or as a result of visits made to our websites) between you and other ProGun users. We are simply a venue.

3.3 Any contract is between the buyer and the seller and is subject to the terms and conditions which are implied by law or which the buyer and seller agree between themselves or both. ProGun is not a party to the contract between the seller and buyer nor is ProGun liable under it.

3.4 We do not provide any assurances or warranties in relation to the Items you purchase (or attempt to purchase) from third party sellers through ProGun, or from companies to whose website we have provided a link, and any such warranties and assurances are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureaux.

4. Access to ProGun

4.1 Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice. From time to time, we may restrict access to some parts of ProGun or the whole of ProGun to Non-registered users, Registered Users and Upgraded Users.

4.2 When using ProGun, you must comply with the provisions of our acceptable use policy published at http://progun.co.uk/content/usage-policy

4.3 You are responsible for making all arrangements necessary for you to have access to Progun. You are also responsible for ensuring that all persons who access ProGun through your internet connection are aware of these Terms and that they comply with them.

5. Accounts and User Names

5.1 You may create only one registration / account per person. You may not assign, transfer or otherwise deal with your registered account.

5.2 Your user name must not:

(a) Contain any swear words or expletives or any words which could be construed as such in any language; or

(b) Damage our goodwill or reputation or that of any entity with which we are associated including in each case officers, employees, personnel, members, customers and stakeholders; or

(c) Breach our or any third party rights; or

(d) Imply any connection with us. For example, your user name must not include the word "ProGun" nor must it use any of our trademarks or any confusingly or colourably similar words or expressions.

5.3 If in our opinion you breach clause 5.2 we may, without prejudice to our other rights and remedies, require you to change your user name or change it ourselves.

5.4 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of the Terms.

5.5 You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorised or unauthorised by you.

 5.6 You agree to immediately notify us of any unauthorised use or your registration, user account or password. We have no responsibility for such use. If you become aware of any unauthorised use of your password or login details please contact us immediately at IT@progun.co.uk

 

6. Registered Users & Upgraded Users

6.1 By becoming a Registered User including upgraded user, you warrant that:

(a) you are legally capable of entering into binding contracts; and

(b) you are at least 18 years old.

6.2 Your application to become a Registered User constitutes an offer by you to us to enter into a binding contract with us to become a Registered User. We do not have to accept your application. We will act in accordance with the law when deciding whether or not to accept your application.

6.3 A contract, in relation to your use of ProGun as a Registered User, will come into existence and these Terms shall become binding on you in respect of such use and use when you begin to use ProGun as a Registered User.

6.4 English is the only language in which our contract may be concluded.

6.5 We store previous versions of our Terms. To request a particular version of our Terms contact us at info@progun.co.uk

7. Upgraded Users: Price and Payment

7.1 We may change our prices including commission rates from time to time. You are responsible for checking all prices and commission rates prior to using ProGun website or services. Current rates and prices can be found at http://progun.co.uk/pricing

7.2 You have agreed that we will begin to provide the Services immediately on our issuing a Confirmation. Please note that once we have issued a Confirmation your account is activated. You may not cancel or amend our contract and you will lose any cancellation rights which you may have had under the Consumer Protection (Distance Selling) Regulation 2000. This does not affect your other statutory rights and you may still cancel our contract where you are legally entitled to do so, for example, in accordance with these Terms or because of our breach.

8. Posting to ProGun

8.1 You are solely responsible for your Content when using ProGun. We are not responsible or liable whatsoever, for the content or accuracy of any Content Posted by you or any other user of ProGun.

8.2 You must not use or allow anyone else to use ProGun to Post any Items, Content or other materials that breach our Acceptable Use Policy published at https://www.progun.co.uk/content/usage-policy you undertake that any Content Posted by you will comply with those standards and you indemnify us for any breach of that undertaking.

8.3 Any Content you Post to ProGun will be considered non-confidential and non-proprietary. By Posting Content you grant to us an irrevocable, worldwide, royalty free and sub-licensable licence and right to use, copy, distribute and disclose to third parties any such Post and Content for any purpose.

9. No Duty to Monitor or Moderate

9.1 We are under no duty to you to monitor or record the activity of any ProGun user.

9.2 Content generated by Registered Users is not moderated.

9.3 We have the right (but not the obligation) to monitor any Posting or Content and we have the right to refuse, reclassify or remove any Post or edit any Content, for example (but without limitation) if:

(a) in our opinion, such material does not comply with our Terms; or

(b) we are notified that it may be offensive, illegal or defamatory.

 

9.4 Please note that Content includes messages sent via our on-line email service. This means that messages are not confidential and are not proprietary. We may view, refuse, reclassify or remove messages even if you have not opened the message.

10. Storage of Content (Including Messages)

10.1 We assume no responsibility for the deletion or failure to store, deliver or timely delivery of messages or other Content.

11. Users of ProGun: Risks

11.1 You understand that by using ProGun you may receive or be exposed to third party Content which you may find indecent, offensive or objectionable but you use ProGun at your own risk and we are not responsible for such third party content.

11.2 You understand that we cannot verify the identity of users. This means that some users may not be who they say they are.

12. Minors

12.1 Minors are not permitted to become Registered Users of ProGun.

13. Privacy and Data Protection

13.1 We process information about you in accordance with our privacy policy. The policy can be found at http://progun.co.uk/privacy

13.2 By using ProGun, you consent to such processing and you warrant that all data provided by you is accurate.

14. Third Party Rights Owners

14.1 We have the right to disclose your identity (and the relevant Content) to any third party who is claiming that your behaviour or any Content Posted or Item advertised is illegal, breaches these terms, is in violation of intellectual property rights or in some other way infringes that third parties rights.

14.2 Rights owners who believe that Content has infringed their rights should contact IT@progun.co.uk  

15. Competitions

15.1 All Competitions

15.1.1 We reserve the right to amend these Terms without notice from time to time.

15.1.2 These rules will be deemed incorporated into each competition except to the extent that any specific instruction in a competition provides otherwise.

15.1.3 By entering the competition entrants will be deemed to have read and understood these Terms and be bound by them. All of our decisions will be final and binding and no correspondence will be entered into.

15.1.4 Any person who is an employee or an immediate family member of an employee of ProGun Limited or any other person who is directly connected with the organisation of any particular competition is ineligible to participate.

15.1.5 Competitions are only open to residents of the UK (excluding Northern Ireland).

15.1.6 All entrants are to be aged 18 or over unless any other age restriction is specified or implied.

15.1.7 All entries must be received by the closing date specified in the competition. No responsibility will be taken for any participant details that are misdirected, lost for technical or other reasons or received after the closing date.

15.1.8 We reserve the absolute right to disqualify without notice any entries to any competition which we consider have used improper technical means to enter and/or we believe is fraudulent.

15.1.9 Entrants are liable for their costs to access computer networks.

15.1.10 We will not be liable for or accept any responsibility for:

(i) any failure by the winner or any entrant to comply with these terms and conditions;

(ii) any disruption, delay or misdirection of entries; or

(iii) any server, system or network failures, malfunctioning or inaccessibility.

 

15.1.11 We shall be the promoter of all competitions subject to these terms and conditions unless stated otherwise.

15.2 Prizes

15.2.1 If for any reason an advertised prize is unavailable we reserve the right at our absolute discretion to substitute a similar prize of equivalent or greater value.

15.2.2 Only one prize will be awarded per household.

15.2.3 There will be no cash or other alternative to the prize offered and prizes are not transferable.

15.3 Notification

15.3.1 The winner's name will be selected in a random draw, after the closing date, from all entered participants.

15.3.2 The winner of a prize will be notified within 28 days after the winner has been ascertained.

15.3.3 Please allow 28 days for delivery of all prizes.

15.3.4 If the winner of the a competition is unable to take up a prize for any reason or if the winner cannot be notified after reasonable efforts having been made then we may dispose of the prize as we think fit without any liability to the winner for having done so.

15.3.5 For each competition, only one prize will be awarded per entrant / email address. Names of winners will be available on request.

15.3.6 The names and profile images of the winners may be published on our Website and/or on our Facebook, Twitter or any other social media platform and by entering the competition you agree to not limiting how we disseminate winners of competitions.

15.4 Claiming Prizes

15.4.1 Prizes Involving Travel:

Travel arrangements are the responsibility of prize winners unless otherwise stated;

15.4.2 Competition prizes/tickets may be restricted to certain times of the year and unless otherwise stated all prizes must be taken within six months of the date of the competition draw.

15.4.3 Where prizes are to be provided by a third party then the winner will be required to complete all appropriate or applicable booking or other formalities direct with such providers. We will have no responsibility for the acts/defaults of any other persons or companies.

16. Intellectual Property Rights

16.1 We are the owner or the licensee of all intellectual property rights in ProGun and in Content Posted on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

16.2 You may print off one copy, and may download extracts, of any page(s) from ProGun for your personal reference and you may draw the attention of others within your organisation to Content Posted on ProGun.

16.3 You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use Content separately from any accompanying text.

16.4 Our status (and that of any identified contributors) as the authors of Content on ProGun must always be acknowledged.

16.5 You must not use any part of the Content on ProGun for commercial purposes without obtaining a licence to do so from us or our licensors.

16.6 If you print off, copy or download any part of ProGun in breach of these terms of use, your right to use ProGun will cease immediately and you must, at our option, return or destroy any copies of the Content you have made.

17. Trade Marks

ProGun is a registered trade mark of ProGun Limited.

18. Linking to ProGun

18.1 You may link to ProGun, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

18.2 ProGun must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy which can be found under quick links at the bottom of most pages.

 18.3 If you wish to make any use of material on ProGun other than that set out above, please contact us at info@progun.co.uk

19. Links From ProGun

19.1 Where ProGun contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

20. Viruses, Hacking and Other Offences

20.1 You must not misuse ProGun by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to ProGun, the server on which ProGun is stored or any server, computer or database connected to ProGun. You must not attack ProGun via a denial-of-service attack or a distributed denial-of service attack.

20.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use ProGun will cease immediately.

20.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of ProGun or to your downloading of any material posted on it, or on any website linked to it.

21. Limitation of Liability

21.1 The material displayed on ProGun (including without limitation Content and Posts) is provided without any guarantees, conditions or warranties as to its accuracy.

21.2 Subject to clause 21.3, to the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

(b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with ProGun or in connection with the use, inability to use, or results of the use of ProGun, any websites linked to it and any materials posted on it, including, without limitation any liability for:

(i) loss of income or revenue;

(ii) loss of business;

(iii) loss of profits or contracts;

(iv) loss of anticipated savings;

(v) loss of data;

(vi) loss of goodwill;

(vii) wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

21.3 Nothing in these Terms limits or excludes our liability for death or personal injury arising from our negligence, or our liability for our fraudulent misrepresentation or our misrepresentation as to a fundamental matter nor for any other liability which cannot be excluded or limited under applicable law.

21.4 Goods and services of third parties may be advertised and/or made available on or through this website. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
21.5 Without prejudice to the general limits on our liability referred to in clause 21.2 and subject to clause 21.3:

(a) we are under no obligation to you to monitor or record the Postings, Content or other activities of users of ProGun;

(b) we do not assume any responsibility for the quality, safety or legality of Items;

(c) we do not assume any responsibility for the truth or accuracy of any Postings or Content;

(d) we make no promises, warranties or guarantees about your ability to buy or sell Items using ProGun;

(e) we are not responsible for third parties. For example, it is not our responsibility if a seller does not deliver Items, if the Items are not as described or if a buyer does not pay for Items.

(f) we are not responsible for third parties refunds or warranties. For example if the seller or buyer is negligent or issues arise ProGun are not responsible for issuing any refunds. 

22. No Reliance

22.1 Commentary and other materials posted on ProGun are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to ProGun, or by anyone who may be informed of any of its contents.

23. Events Outside Our Control

23.1 We will not be liable or responsible for any matter arising out or in connection with events outside our reasonable control, including without limitation:

(a) strikes, lock-outs or other industrial action;

(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or

(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or

(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or

(e) Impossibility of the use of public or private telecommunications networks.

Each a ("Force Majeure Event").

23.2 Our obligations shall be suspended for the period that the Force Majeure Event lasts, and we will extent the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these terms can be performed despite the Force Majeure Event.

24. Interruption of Service

24.1 Access to ProGun is permitted on a temporary basis. We reserve the right to interrupt, withdraw or amend the Service without notice. For example, if it is necessary or desirable for us to interrupt the Service (for example for routine maintenance) then we may do so without telling you first.

24.2 You agree that we are not liable to you for any loss whether foreseeable or not arising out of or in connection with unavailability or interruption of the Service.

25. Ending Our Contract

25.1 You may terminate your registration at any time, for any reason, with immediate effect by contacting us at info@progun.co.uk. We reserve the right to check the validity of any request to terminate registration.

25.2 We may terminate your registration at any time, for any reason, with immediate effect by contacting you at your last known postal or e-mail address.

25.3 We may terminate your registration without notice if you breach our Terms including without limitation our Acceptable Use Policy https://www.progun.co.uk/content/usage-policy

26. Refund Policy

26.1 If you terminate your registration for reasons other than our breach, then we will not refund to you any monies. Upgraded users may be refunded earnings accrued under the user’s profile.

26.2 If we terminate for reasons other than your breach, then we will within fourteen days refund to you the balance of any monies which you have paid to us (and we have received) which relate to Services to be provided (but not provided) after the date of termination.

26.3 Returend items purchsed from the ProGun store will be refunded within 14 days, however we endeavour to refund customers within 3 working days.  

26.4 we are not responsible for third parties refunds or warranties. For example if the seller is negligent or issues arise ProGun are not responsible for issuing any refunds.

27. Other Consequences of Ending Our Contract

27.1 Termination by either party shall have the following effects:

(a) Your right to use the Services shall immediately cease;

(b) We are under no obligation to forward any unread or unsent messages to you or any third party.

27.2 Termination will not affect either party's outstanding rights or duties up to the date of termination, including our right to recover from you any money you owe to us.

28. Written Communications

28.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using ProGun, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

29. Notices

29.1 All notices given by you to us must be given to ProGun Limited at info@progun.co.uk We may give notice to you at either the e-mail or postal address you provide to us when you register or by posting the information on ProGun. Notice will be deemed received and properly served immediately when posted on ProGun, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

30. Transfer of Rights and Obligations

30.1 The contract between you and us is binding on you and us and on our respective successors and assignees.

30.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

30.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

31. Waiver

31.1 If we fail, at any time during the term, to insist upon strict performance of any of your obligations, or if we fail to exercise any of the rights or remedies to which we are entitled, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

31.2 A waiver by us of any default will not constitute a waiver of any subsequent default.

31.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

32. Entire Agreement

32.1 These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

32.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

32.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

32.4 Nothing in this clause limits or excludes any liability for our fraud.

33. Our Right to Vary These Terms and Conditions

33.1 We have the right to revise and amend these terms and conditions from time to time.

33.2 We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you.

34. Severance

34.1 If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

35. Status

35.1 Nothing is intended to or shall be deemed to establish any partnership of joint venture between us or make either of us an agent or employee of the other.

36. Third Party Rights

36.1 A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

37. Dispute Resolution

37.1 If any dispute arises out off or in connection with ProGun, we will first attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between us, the mediator will be nominated by CEDR.

38. Jurisdiction and Applicable Law

38.1 The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to ProGun although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

38.2 These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Your Concerns

If you have any concerns about material which appears on ProGun, please contact us at

info@progun.co.uk

These terms were last revised 20th February 2019.

2019 Copyright © ProGun Ltd All Rights Reserved