Who we are and how to contact us
BlueSkyFriday is an invitation-only online members club for friend-to-friend trading accessed via our website www.blueskyfriday.com or associated subdomains (together the “Site”). Members of BlueSkyFriday are referred to as "Blueskyers" and any reference to “BlueSkyFriday” shall be deemed to include reference to the "Site".
BlueSkyFriday is operated and owned by Blue Sky Friday Ltd (“we” or “us”). We are a limited company registered in England and Wales under company number 13467632 and our registered office address is 5-6 Kendrick Mews, London, SW7 3HG.
If you wish to contact us in writing, have a complaint or are required to give us notice in writing, you can send this to us by email at hello@blueskyfriday.com or by pre-paid post to our registered office address referred to above. If we have to contact you or give you notice in writing, we will do so by email to any email address you provide to us.
By using the Site, you accept these terms
These terms of use (together with any documents referred to in them) set out the terms which govern your use of the Site and, if you are a Blueskyer, your membership of BlueSkyFriday.
Please read these terms of use carefully before you start to make any use of BlueSkyFriday as they will apply to your use of it. We recommend that you print a copy of these terms of use or save them to your computer or device for future reference.
By using BlueSkyFriday, you confirm that you have read and accepted these terms of use and that you agree to comply with and be bound by them. If you do not agree to them, you must not use BlueSkyFriday.
Please note that these terms of use do not apply to any transactions between Blueskyers.
Privacy Policy
We are committed to respecting your privacy. Our Privacy Policy sets out the terms on which we process any personal data that we collect from you or that you provide to us. By using BlueSkyFriday, you consent to such processing and you warrant that all data provided by you is accurate. You agree to update such data from time to time without undue delay if it changes.
Disclaimer
Please note that we simply provide the platform that connects Blueskyers with each other and allows them to be introduced for the purposes of carrying out a transaction. We do not ourselves offer or provide any items of the type posted on the Site and any contract relating to a transaction is between the relevant Blueskyers (and not us).
We take reasonable measures to ensure the suitability and quality of anyone who is invited to become a Blueskyer. However, unless otherwise specified in these terms of use, we are not responsible for, and make no representations, warranties or guarantees as to, the behaviour, acts or omissions of other Blueskyers you transact with through BlueSkyFriday. If another Blueskyer you transact with causes any damage to your property, responsibility for such damage will rest with that other Blueskyer (and not with us).
If you have a complaint in relation to a transaction that you enter into with another Blueskyer, that complaint must be taken up with that other Blueskyer directly.
Changes to these terms of use and updates to the Site
These terms of use were last updated on [14] February 2022.
We may amend these terms of use at any time and you should check these terms of use from time to time to take notice of any changes we have made, as they are legally binding on you. We may also notify you of any changes by email. If you do not agree to any such changes, please stop using BlueSkyFriday.
We may (but are under no obligation to) update the Site from time to time, and we may change the content on it at any time. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Site.
We may suspend or withdraw the Site
Unless you are a founding Blueskyer with enhanced membership rights, access to the Site is made available free of charge.
We will do our best to ensure that the Site is available for use at all times, but we make no representations, warranties or guarantees, whether express or implied, that the Site or any content on it: (i) will always be available or be uninterrupted; (ii) will be error-free, accurate, complete or up-to-date; or (iii) will be secure or free from bugs or viruses.
Access to the Site is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of it without notice. We will not be liable to you if, for any reason, the Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to access the Site (including configuring your information technology) and you should use your own virus protection software.
Keep your login details confidential
Access to, and use of, BlueSkyFriday is by invitation only. If you are invited to become a Blueskyer (and wish to do so), you must complete all of the fields on the registration page.
If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party or allow any third party to use or access your membership. We are entitled to disable any username or password, whether chosen by you or allocated by us, at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these terms of use.
You may not authorise others to access the Site using your username and password and you may not assign or otherwise transfer your account to any other person or entity. If you know or suspect that anyone other than you knows your username or password, you must notify us as soon as possible at hello@blueskyfriday.com and take steps to change your password.
You are responsible for all acts and omissions of any third parties who use your username or password to access the Site, whether fraudulently or not, and you agree to reimburse us on demand for any loss we suffer as a result of such use.
Transactions between Blueskyers
If you post an item on the Site, you must at comply all times with applicable laws and regulations and you agree that: (i) your description of the item will be accurate and not misleading; and (ii) you will properly perform any contract you enter into with another Blueskyer introduced through the Site.
If you decide to conclude a transaction with another Blueskyer for an item posted on the Site, the resulting legal contract will be between you and the other Blueskyer.
We cannot give any undertaking or warranty that any item posted on the Site will be of satisfactory quality or fit for purpose, and these and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law.
Although we endeavour to review posts before publication on the Site, we are not in any way responsible for their accuracy and at no time do we own, possess or have control over any items posted on the Site.
Payment terms
You are free to set the amount you charge for any item you post on the Site.
If you post an item on the Site, you will, unless otherwise agreed, pay us a fee for such post. You also agree to pay us a commission if the item you have posted is sold or let or a transaction relating to the item is successfully concluded (in each case through BlueSkyFriday). The amount of the fee and any commission due to us is set out in our pricing policy as published from time to time on the Site and will be notified to you each time you post an item on the Site. By posting an item, you agree to pay the relevant fee and any commission to us.
We reserve the right to make changes to our pricing policy at any time, although we will always try to give you reasonable notice of any such changes. If you do not agree to any such changes, you should stop using BlueSkyFriday.
Having trustworthy Blueskyers who pay the commission due at the correct price is fundamental to the success of BlueSkyFriday and the nature of both the BlueSkyFriday membership and our business. You therefore agree to notify us if, through BlueSkyFriday, an item you have posted is sold or let or a transaction relating to the item is successfully concluded (although please note that we have no responsibility for obtaining payment for the relevant item from the Blueskyer with whom you have transacted). You also agree not to take any action, whether direct or indirect, to avoid or circumvent the payment of any commission due to us. Failure to comply with this provision will result in the immediate suspension or termination of your membership and you will be required to compensate us in respect of any losses we suffer as a result.
Commission will become due and payable immediately following completion of the relevant transaction and we will send you an invoice with a payment link. It is your responsibility to mark each transaction as complete on the Site and we will contact you to check the status of the relevant item if we do not hear from you at the end of the active listing period.
If any amount due from you remains unpaid, we reserve the right: (i) to charge reasonable administration costs; (ii) to charge interest (both before and after judgment) on the outstanding amount at the rate applicable to judgment debts under the Late Payment of Commercial Debts (Interest) Act 1998; (iii) to arrange for any further posts placed by you to be suspended; and/or (iv) to take such other action as we deem appropriate, including, without limitation, the immediate suspension or termination of your membership.
To the extent applicable, all fees are inclusive of VAT at the prevailing rate.
Intellectual property rights
Unless otherwise stated, we are the owner or the licensee of all intellectual property rights in the Site and in the material published on it and you acknowledge that you have no rights in or to the Site or the technology used or supported by it other than the right to use it in accordance with these terms of use. If you use any part of the Site in breach of these terms of use, your right to use the Site will cease immediately.
You must not use any part of the content on the Site for commercial purposes without obtaining a licence or other written consent to do so form us or our licensors.
“BlueSkyFriday” is a trade mark of Blue Sky Friday Ltd. All rights in this trade mark, the BlueSkyFriday domain name and all related domains and sub-domains and any other logos, service marks, brand names, trading names and/or trade marks appearing anywhere on the Site are reserved to their respective owners or licensors and nothing in these terms of use should be construed as granting any licence or right to use any of the foregoing
Your liability to us
You will be liable to us and agree to indemnify us for and against any losses, damage, expenses and other liabilities of any kind that we may suffer or incur as a result of any breach by you of these terms of use or of any contract between you and any third party (including any contract between you and another Blueskyer). This means that you will be responsible for any loss or damage we (or any of our affiliates, personnel or associated third parties) suffer as a result of such breach, including any claims or legal proceedings brought against us by any other person as a result of such breach.
Limitation of our liability
You acknowledge that BlueSkyFriday has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of BlueSkyFriday meet your requirements.
Unless otherwise specified in these terms of use, we will only be liable to you for any loss or damage (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising under, or in connection with, your use of, or inability to use, BlueSkyFriday if such loss or damage is a foreseeable result of our breach of these terms of use or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach of these terms of use or our negligence or if it was reasonably contemplated by you and us at the time of the agreement between us coming into effect as a possible result of such breach or negligence.
You may only use BlueSkyFriday for domestic and private use. You agree not to use BlueSkyFriday for any commercial, business or resale purposes and, if you do, we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
We will not under any circumstances be liable for:
Nothing in these terms of use:
Restrictions on use of the Site
You may only use the Site for lawful purposes. You may not use it:
You must not misuse the Site by knowingly or recklessly introducing (including by transmitting any data or sending or uploading any material that contains) any viruses, trojans, worms, time bombs, logic bombs, keystroke loggers, spyware, adware or any other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site (including the accounts of other Blueskyers), any software used in the provision of the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. 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 the Site will cease immediately and we will remove you from our membership.
You also agree not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of these terms of use.
Content standards
These content standards apply to any and all material that you contribute to the Site. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution, as well as to its whole.
If you make use of any feature that allows you to post or upload any content to the Site (for example, by providing a review, feedback and/or comments in relation to an item, or when making contact with us or other Blueskyers), any such content must be accurate and genuine and must not:
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted or uploaded by you or any other Blueskyer and we do not recommend or endorse any such content or accept any responsibility for its accuracy. Any such content will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content (including photographs), but you are required to grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, store and copy that content and to distribute it and make it available to third parties (including the relevant authorities) for any purpose whatsoever without any liability or payment to, or recognition of, you of any kind.
We also have the right to disclose your identity to any third party in respect of whom you provide a review, feedback and/or comments or who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights or of their right to privacy.
We have the right to remove or delete any post you make on the Site and/or to disclose it to the relevant authorities if, in our opinion, your post does not comply with our content standards as set out above. If so, you must not attempt to re-post the relevant content. We may also revoke your membership without further reference to you and in our sole discretion.
If you are offended by any content posted or uploaded to the Site, please contact BlueSkyFriday in the first instance and refrain from publicly communicating any negative views on it until we have had a chance to review whether or not it complies with our content standards as set out above.
Suspension and termination
You may terminate the legal agreement between us and, if you are a Blueskyer, request the cancellation of your membership at any time by emailing us at hello@blueskyfriday.com.
We will determine, at our discretion, whether there has been a breach of these terms of use through your use of BlueSkyFriday and, if such a breach has occurred, we may take such action as we deem appropriate, including all or any of the following actions:
We exclude liability for actions taken in response to breaches of these terms of use. The responses described in these terms of use are not limited and we may take any other action we deem reasonably appropriate.
If we withdraw your right to use BlueSkyFriday:
Linking to the Site
You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link to the homepage in any website that is not owned by you or in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the homepage.
We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with our content standards as set out above.
If you wish to make any use of any content on the Site other than that set out above, please contact us at hello@blueskyfriday.com.
Links to third party websites and resources
The Site may contain links to other websites and resources provided by third parties, including, without limitation, advertisers. We have no control over those websites or resources or their availability and any links to them are provided for your information only. You will need to make your own independent judgement regarding your interaction with any such websites or resources, including the purchase and use of any products or services accessible through them. We are not responsible for, and do not endorse, their content or their privacy policies (if any) and we will not be liable for any loss or damage that may arise from your use of them.
Events outside our control
We will not be liable or responsible for any failure to perform, or any delay in the performance of, any of our obligations under these terms of use that is caused by any event or circumstance beyond our reasonable control, including any failure of public or private telecommunications networks or any delays or latency due to your physical location or your broadband or wireless data service provider’s network.
Other important terms
We may transfer our rights and obligations under these terms of use to another organisation, but this will not affect your rights or our obligations under these terms of use.
You may only transfer your rights or obligations under these terms of use to another person if we agree in writing.
If we fail to insist that you perform any of your obligations under these terms of use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of these terms of use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
These terms of use are not intended to confer rights on anyone other than you and us.
Applicable law and jurisdiction
These terms of use, their subject matter and formation are governed by, and shall be construed in accordance with, English law. The courts of England and Wales will, subject to the paragraph below, have non-exclusive jurisdiction over any claim arising from, or related to, these terms of use (unless you are a resident of Northern Ireland, in which case you may bring proceedings in Northern Ireland, or you are resident of Scotland, in which case you may bring proceedings in Scotland).
Nothing in the foregoing paragraph will limit our right to take proceedings against you in any other court of competent jurisdiction, nor will the taking of proceedings in any one or more jurisdictions preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.