Policy Statement / Disclaimer in relation to commercial activty
As all members are aware, the To-ken Society of Great Britain was formed as a non-profit making organisation whose purpose remains the study and preservation of Japanese swords and associated items, such as Japanese armour and sword fittings. This includes the entire spectrum of collecting and preservation and naturally includes polishing, lacquering, tsukamaki, saya making etc. a considerable amount of of this activity is practised by highly skilled artisans, outside of Japan.
We would like to make it clear that we do not, as a Society, endorse or favour any dealers, restorers, agents or other bodies, which may be trading in this market. Of course, individually we may recommend a polisher, for instance, but this is a personal matter and based on an individuals experience, it is not the business of the Society (the only exception to this may be when we publish a book review, which may be favourable or otherwise). Further, we will not be held responsible for any loss or damage, including financial loss, that any member may incur when transacting business with a commercial body or individual. It is up to each member to take the necessary precautions themselves and to exercise the necessary caution.
It may be that we occasionally accept a paid for advertisement from a trader, which may appear in printed form or on our website. These advertisements will be clearly separate from our normal editorial text. This also does not form an endorsement. Finally, providing a link on our website should also not be taken as any kind of endorsement or recommendation, rather it is a convenience to the membership.
IMPORTANT NOTICE relating to our online presence
Our Facebook page and website are aimed at helping promote and foster education in the field of Japanese sword and fittings.
It was not created to enable individuals or companies to promote their commercial interests or businesses. Nor is it a vehicle for personal attacks, rudeness or abuse of any kind. Any posts involving such activities will be removed without notice and the individuals concerned will be barred.
Differences of opinion should be dealt with, with dignity and respect. Participants on this page must adhere to the Society’s code of conduct which can be viewed on this website and in our Magazine. The Society should be a platform for sharing, please remember to give rather than take, try and be generous with knowledge and education.
RESPONSIBILITY FOR DATA/MEDIA – When uploading posts to our website or social media, the author bears full responsibility for material uploaded or transmitted and confirms that the content, or material:
(1) Is NOT false or misleading.
(2) is NOT defamatory.
(3) does NOT invade another's privacy
(4) is NOT obscene, pornographic, or offensive.
(5) does NOT promote bigotry, racism, hatred, or harm against any individual or group.
(6) does NOT infringe another's rights, including any intellectual property rights or copyright
(7) does NOT promote illegal activity.
8) No business advertising, self-promotions or spam. Members, readers and contributors should not use the Society media presence or publications such as the magazine or social media pages or website as a vehicle for sales activity or promotion unless expressly authorised by the Committee.
(9) The Society and its committee do not accept any liability for or support any personal attacks – only make constructive criticism, be positive and respectful at all times.
DEFAMATION – PLEASE READ - Please refrain from any slander/libel or defamation statements, this is illegal and a serious crime according to UK law. Slander is an untrue spoken statement, while libel is publishing a falsehood about someone else. UK law encourages freedom of speech but does not allow telling lies, which could damage a person’s reputation or business. If defamation is proven in a civil action, significant damages can be awarded to the plaintiff.
Rules for buying and selling at To-ken Society of Great Britain events and via the Society’s website
The following rules shall be deemed to have been accepted by all persons offering items for sale or trade, (“Seller”) and purchasing or trading items (“Buyer”) either at To-ken Society of Great Britain (“the Society”) events or via the Society’s website and “Dealers”, “Dealing” and “Deal” refers to both Buyers, Sellers and their actions together. Dealers shall be bound by the following rules:
The Society may, at its absolute discretion, allow its members to Deal in items at Society events and via the Society website. Dealing shall be considered a privilege of Society membership and the terms on which that privilege is offered may be withdrawn or varied by the Society without notice or liability in respect of the membership as a whole or with regard to an individual member or members as the Society sees fit.
The Society shall have no legal relationship whatsoever with Dealers but merely provides a conduit via which Dealers may Deal.
The principle governing any Deal is that of “let Buyer beware”. That a Seller is permitted to Deal via the Society shall not be taken to imply any endorsement by the Society of:
It is the Buyer’s obligation to carry out such research as the Buyer feels necessary in order to evaluate any item offered to the Buyer’s complete satisfaction before the Deal is concluded. Where a Deal takes place via the Society’s website, it is the obligation of the Buyer to obtain adequate photographs of the item offered for sale, supporting documentation or other information necessary to validate the Seller’s description of the item. Buyers should remember that viewing an item in hand and at leisure is the best way to evaluate its quality and whether it represents value for money.
In the event that a Buyer is in any way dissatisfied with a Deal for whatsoever reason (including without limit any actual or alleged misrepresentation, breach of contract, negligence or fraud on the part of the Seller) then the Buyer acknowledges that Buyer’s cause of action shall lie solely against the Seller and that the Society shall have no liability at all to the Buyer and that the Society will not act as arbitrator or intermediary to resolve any dispute between Buyer and Seller.
In return for the Society allowing a Seller to Deal, the Seller is expected to make a discretionary donation to the Society based on the value of sale or sales made.
The privilege of Dealing at Society events or its website is contingent on the Seller maintaining good relations with those he Deals with AND with the Society. In the event of any dispute between Dealers the Society may exercise its discretion to withdraw that privilege without notice. The Society will not act as arbitrator or intermediary in any dispute and it is incumbent on the Seller to resolve any such dispute without the involvement of the Society or its members.
In the event of any legal action being brought against the Society as a result of any Deal done by the Seller, the Seller agrees to indemnify and hold harmless the Society and the individual members of the Society’s committee from time to time against any and all damages awarded against it or them and any legal costs that the Society or they may incur.
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