Prerode Terms of Service

Prerode is an online classifieds platform. Users can create advertisements for mountain bikes and related items, browse other people's advertisements, and communicate through our messaging service.

Prerode is a marketplace intermediary. This means:

• we do not own the items advertised on Prerode;
• we are not party to any contract of sale between users;
• we do not inspect, verify or authenticate items;
• we do not process the purchase price of items advertised by users; and
• we do not arrange payment, collection or delivery between users.

Buyers and sellers arrange transactions directly with one another, including negotiating the price, agreeing a payment method (typically bank transfer or cash on collection), and arranging collection or delivery.

You may only create an account and use Prerode if:

• you are aged 18 or over;
• you have legal capacity to enter into a binding contract;
• you are not subject to a UK, EU, UN or US sanctions list;
• you have not previously been suspended or removed from Prerode; and
• your use of Prerode is lawful under the laws that apply to you.

Prerode is aimed at users in the United Kingdom. If you access Prerode from outside the UK, you do so on your own initiative and are responsible for compliance with any local laws that apply to you.

You must not use Prerode on behalf of another person unless you are registering an account for a business you are authorised to represent. In that case, you personally warrant that you have authority to bind that business to these Terms.

To use most Prerode features, you must create an account. You may hold only one Prerode account at a time. Creating multiple accounts to evade suspensions, listing limits or reporting is prohibited.

When creating and maintaining your account, you agree that:

• the information you provide is accurate, current and complete;
• you will keep your account information up to date;
• you will keep your password and login credentials secure;
• you will not share your account or credentials with any other person;
• you are responsible for activity that takes place through your account; and
• you will notify us promptly if you believe your account has been compromised.

If you register as a business or as a trader, you must accurately identify yourself as such and comply with the additional obligations described in our Selling Agreement.

If you list an item on Prerode, our Selling Agreement applies to you in addition to these Terms.

By publishing a listing, you confirm that:

• you own the item or otherwise have the right to sell it;
• the item is not stolen, counterfeit, subject to a finance agreement, or otherwise encumbered;
• the description, photographs, price and condition information are accurate and not misleading;
• the item may lawfully be sold in the United Kingdom and does not appear on our Prohibited Items Policy;
• you have disclosed material defects that a reasonable buyer would want to know about;
• you have accurately identified yourself as a trader or a private seller, as required by section 226 of the Digital Markets, Competition and Consumers Act 2024; and
• where you are acting as a trader, you understand that additional consumer-law obligations apply directly to you, including under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

You are solely responsible for your listings and for the contract of sale between you and any buyer. Prerode is not a party to that contract.

When you enquire about or agree to buy an item advertised on Prerode, you enter into a contract directly with the seller. Prerode is not a party to that contract.

Because Prerode does not process payments between users:

• you should never send payment through Prerode messages;
• you should agree a payment method with the seller directly;
• we recommend inspecting an item in person before paying;
• we recommend using bank transfer or cash on collection rather than payment methods with no reversibility;
• we cannot recover funds you have paid to another user; and
• we cannot force a seller to deliver, refund or replace an item.

If you buy from a trader, you have statutory rights under the Consumer Rights Act 2015 and, where relevant, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. If you buy from a private seller, fewer statutory protections apply and you should carry out appropriate checks before paying. Our Buyer safety guidance sets out sensible checks for buying second-hand bikes safely.

When you upload, publish or otherwise submit content to Prerode (including listing descriptions, photographs, messages, reviews, reports and profile information), you retain ownership of that content.

For content you publish to Prerode with the intention that it be shown to other users or the public (including listing descriptions, photographs, reviews and profile information), you grant SP8CESTUDIO LTD a worldwide, non-exclusive, royalty-free, sub-licensable licence to host, store, reproduce, adapt, publish, translate and display that content for the purposes of operating, promoting and improving Prerode. This licence is limited to the purposes reasonably necessary to run the Service and does not transfer ownership.

For private messages between users, we do not take a promotional or publishing licence. We process the contents of your messages only to the extent necessary to operate the messaging service, perform the automated safety checks and moderator reviews described in our Privacy Policy, retain copies in encrypted backups until they expire in the normal course, preserve information subject to a legal hold, and comply with our legal and regulatory obligations.

The licence ends when the relevant content is removed from Prerode, except that we may retain:

• copies necessary to comply with a legal or regulatory obligation;
• copies retained in encrypted backups until they expire in the normal course;
• copies subject to a legal hold in connection with a report, investigation or dispute; and
• anonymised or aggregated data that no longer identifies you.

You warrant that:

• you own the content you submit or have the right to submit it;
• the content does not infringe the intellectual property or other rights of any third party;
• the content is not unlawful, defamatory, misleading, obscene, harassing, hateful, threatening or otherwise in breach of our Acceptable Use Policy; and
• photographs of other identifiable people have been posted with the consent of those people where required.

Your use of Prerode is subject to our Acceptable Use Policy and our Prohibited Items Policy, which are incorporated into these Terms.

You must not:

• use Prerode for any unlawful purpose or in breach of these Terms;
• list or attempt to sell an item that appears on our Prohibited Items Policy;
• misrepresent an item's condition, provenance or specification;
• engage in fraud, scams, phishing or attempts to obtain payment or information under false pretences;
• engage in marketplace manipulation, including shill bidding, fake reviews, price coordination or the operation of multiple accounts to circumvent our rules;
• harass, threaten, abuse, defame or discriminate against any other user or member of our team;
• send unsolicited commercial messages or spam other users;
• attempt to circumvent, disable or interfere with security or moderation features;
• scrape, spider, crawl or use automated means to access or extract content from Prerode, other than as permitted by our public robots directives;
• reverse-engineer, decompile or attempt to derive the source code of Prerode, except to the extent that this restriction is prohibited by law; or
• upload viruses, worms, malware or other harmful code.

If you see a listing, message, profile or piece of content that you believe breaches these Terms, our Acceptable Use Policy, our Prohibited Items Policy or applicable law, please report it. You can:

• use the in-product report button on the relevant listing, message or profile; or
• email support@prerode.com with details.

We aim to review reports promptly and to prioritise reports that concern safety, illegal content, fraud or urgent harm.

We handle reports and complaints in line with our duties under the Online Safety Act 2023. This includes maintaining reporting routes that are easy to find, taking appropriate action on illegal content of which we become aware, and communicating decisions to the reporting user where reasonably possible.

If you are a rights holder and wish to report suspected intellectual-property infringement, please email us with sufficient information to identify the content, the right you own and how it has been infringed. We will investigate and take appropriate action, which may include removal of the content and action against the account responsible.

To keep Prerode safe and useful for the community, we may take enforcement action against a user, listing, message or piece of content. Enforcement actions include:

• issuing a warning;
• editing, hiding or removing content;
• removing a listing;
• restricting messaging or listing privileges;
• suspending or terminating an account, permanently where appropriate;
• refusing to reinstate a previously removed account; and
• reporting suspected criminal activity to law-enforcement or regulatory authorities.

We may take enforcement action where we reasonably believe that:

• a user or piece of content has breached these Terms or a related policy;
• a user or piece of content is unlawful or otherwise poses a risk to Prerode, our users or third parties;
• a user has provided false or misleading information (including in a trader declaration);
• a user has engaged in fraud, scams or manipulation;
• we are required or permitted to do so by applicable law or by a competent authority; or
• doing so is necessary to protect the integrity, safety or lawful operation of the Service.

Where reasonably practicable, we will tell the affected user what action we have taken and, where appropriate, offer a route to appeal. We may withhold details where doing so is necessary to protect other users, an investigation, our team or Prerode itself.

To appeal an enforcement decision, email support@prerode.com with your account details and the reasons you believe the decision was wrong.

You can close your Prerode account at any time by using the controls in Settings → Data & privacy or by contacting support@prerode.com.

When you request account deletion, your account enters a 30-day deletion period, during which your public listings and profile are hidden. If you do not cancel the request during that period, your account and associated personal information will be deleted or anonymised in line with our Privacy Policy.

We may retain limited information after closure where required to comply with a legal obligation, to prevent or investigate fraud or abuse, to resolve disputes, or to establish, exercise or defend legal claims.

We may close or suspend your account without prior notice for the reasons set out in Section 9, or in the event that continued provision of the Service to you would breach applicable law or put Prerode, its users or third parties at risk.

Prerode is currently free to use for buyers and sellers. We do not charge listing fees, selling fees or membership fees.

We may introduce paid features, subscriptions or fees in future. If we do, we will:

• tell you in advance;
• give you a clear price and description before you are charged;
• ask for your explicit agreement before applying charges to your account; and
• update these Terms to describe how the paid features work.

No change to fees will be applied to your account without your agreement.

Prerode, its brand, logos, software, design, page layouts, product copy and other content produced by us are owned by SP8CESTUDIO LTD or licensed to us and are protected by intellectual-property laws.

We grant you a limited, personal, non-exclusive, non-transferable and revocable licence to access and use Prerode for its intended purpose in accordance with these Terms. All other rights are reserved.

You must not copy, reproduce, adapt, distribute, publish, sub-licence, sell or otherwise exploit any part of Prerode, except:

• as expressly permitted by these Terms;
• as strictly necessary for normal browsing and use of the Service; or
• with our prior written permission.

Reasonable, non-substantial reference to Prerode (for example, sharing a link to a listing) is permitted, provided it is accurate and does not imply endorsement.

Prerode may include links to third-party websites, services or resources, and may rely on third-party providers for hosting, email, analytics and other infrastructure. We do not control third-party sites or services and we are not responsible for their content, availability, terms or privacy practices.

Your use of a third-party site or service linked from Prerode is subject to that site or service's own terms.

Nothing in these Terms limits or excludes our liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation; or
• any other liability that cannot be excluded or limited under English law.

Your statutory rights as a consumer are not affected by these Terms.

Subject to the paragraph above:

• Prerode is provided on an “as is” and “as available” basis. We do not guarantee that Prerode will be uninterrupted, error-free, secure or free from viruses;
• we do not warrant the accuracy, completeness, quality, safety, legality or availability of any listing, item or user;
• we are not responsible for the acts or omissions of other users, including their conduct in negotiating, agreeing or performing a sale;
• we are not a party to any contract of sale between users and are not liable for the item, its condition, its title, its delivery, its price or any payment made between users;
• we are not liable for indirect or consequential loss, loss of profits, loss of business, loss of goodwill, loss of anticipated savings or loss of data; and
• our total aggregate liability arising out of or in connection with your use of Prerode is limited to one hundred pounds (£100).

The limits above apply to the fullest extent permitted by law. Where you are a consumer, the limits above do not affect any statutory rights or remedies that cannot lawfully be excluded.

Prerode is provided for personal and, where you have registered as a trader, business use in connection with the marketplace. If you use Prerode wholly or mainly for a purpose outside your trade, business, craft or profession, you are a consumer for the purposes of the Consumer Rights Act 2015. If you use Prerode in the course of a trade or business, you accept that you are not a consumer for the purposes of these Terms.

You agree to indemnify SP8CESTUDIO LTD, its officers, employees and agents against reasonable losses, damages, costs and expenses (including reasonable legal fees) suffered or incurred by us arising from or in connection with:

• your breach of these Terms or of a related policy;
• your breach of any law applicable to your use of Prerode;
• a listing you have created or an item you have sold or purchased;
• your breach of another person's intellectual-property, privacy or other rights; or
• content you have submitted to Prerode.

This indemnity does not apply to the extent the loss arises from our own negligence, wilful default or breach of law, and does not require you to indemnify us against liability that cannot lawfully be transferred.

Our Privacy Policy explains what personal information we collect, how we use it, who we share it with, how long we keep it and the rights you have over it. Our Cookie Policy explains what cookies and similar technologies we use.

By using Prerode, you acknowledge that we process personal information as described in the Privacy Policy.

We may change these Terms from time to time, for example to reflect changes to how Prerode works, to add new features, to respond to a change in applicable law, or to clarify a provision.

The date at the top of this page shows when these Terms were last updated.

Where a change materially affects your rights or obligations, we will give you reasonable advance notice by email, an in-product notice, or both. Minor or clarifying changes may be published without advance notice.

If you do not agree with a material change, you can close your account before the change takes effect. Your continued use of Prerode after a material change takes effect confirms your acceptance of the updated Terms.

If you have a complaint about Prerode, please contact us in the first instance at support@prerode.com. We will acknowledge your complaint and aim to respond substantively within a reasonable time.

If you have a dispute with another user of Prerode, you should attempt to resolve it directly with that user in the first instance. Prerode is not a party to your contract with the other user and cannot compel outcomes such as delivery, refund or replacement, but we can suspend or restrict the account of a user found to be in breach of these Terms.

Where a dispute between you and Prerode is not resolved through our complaints process, we are not currently registered with an approved alternative dispute resolution (ADR) provider. Consumers may still be able to use the UK's ADR framework or bring proceedings before the courts as described in Section 20.

We may send notices to you by email to the address associated with your account, through the Service, or by any other method reasonably designed to reach you.

You should send legal notices to us at support@prerode.com or by post to SP8CESTUDIO LTD, 21 Uplands Avenue, Willenhall, WV13 3PR, United Kingdom.

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes) are governed by the laws of England and Wales.

If you are a consumer resident in the United Kingdom, you may bring proceedings in the courts of the part of the United Kingdom in which you reside. Otherwise, you and we agree that the courts of England and Wales have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

Nothing in this section limits any mandatory rights you have as a consumer under the laws of the part of the United Kingdom where you reside.

Whole agreement

These Terms, together with the policies referenced in them, form the entire agreement between you and us in relation to your use of Prerode. They supersede any previous agreement or arrangement between you and us on the same subject matter.

Severability

If any part of these Terms is found to be unlawful or unenforceable, that part will be treated as removed and the remaining parts will continue to apply.

No waiver

A delay or failure by either of us to enforce a right under these Terms is not a waiver of that right.

Assignment

You may not transfer or assign your rights or obligations under these Terms without our prior written consent. We may transfer or assign our rights and obligations under these Terms to another SP8CESTUDIO LTD group company, to an acquirer of the Prerode business, or to a successor operator, provided your rights under these Terms are not adversely affected.

Third-party rights

A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any part of them.

Events outside our control

We are not responsible for failing to perform an obligation under these Terms where the failure is caused by an event outside our reasonable control, including hosting-provider outages, connectivity failures, cyber-attacks, industrial action, government action, natural events or other force-majeure events.

Prerode is operated by:

SP8CESTUDIO LTD (trading as Prerode)
21 Uplands Avenue, Willenhall, WV13 3PR, United Kingdom
Company registered in England and Wales
Company number: 12134895
ICO registration number: ZC047049
SP8CESTUDIO LTD is not currently registered for UK VAT.

For any question about these Terms, or to send a legal notice, contact: support@prerode.com.