GENERAL TERMS & CONDITIONS
1 Acceptance of this Agreement
1.1 By accessing this Website and continuing to access it, you agree to be bound
by the Conditions as set out in this agreement.
1.2 Only once you have accepted these Conditions are you permitted to receive
any of the Services as defined below or continue to use the Website.
1.3 If you do not accept these Conditions then you are not entitled to receive
Services on offer on this Website and you should discontinue any use you are
making of the Website immediately.
1.4 The agreement between us, following your acceptance of its terms as set out
in this Condition, comprises:
(a) these General Terms & Conditions; (b) the Advertiser or User Conditions, as
appropriate; and (c) the Website User Agreement comprising the;
(i) Acceptable Use Policy; (ii) Disclaimer; (iii) Privacy Policy; and (iv)
Content Removal Policy.
all of which documents and any schedules or appendices to or of them are
incorporated into and form part of this Agreement (as defined below).
2. Definitions
"Advertiser” means a person or business advertising goods or services to
consumers or other businesses via the Website or otherwise purchasing exposure
or space for the benefit of its business through or via the Website;
“Agreement" means this Agreement between you and us for the provision of
Services incorporating the documentation referred to in Condition 1.4;
"Conditions" means the Conditions for the provision of Services set out in this
agreement and any special Conditions agreed in writing between us;
"Consumer" where relevant, shall have the meaning ascribed to it in Section 12
of the Unfair Contract Terms Act 1977;
"Services" means the provision by us of the Website together with any services
made available to you on the Website which you are, subject to this Agreement,
free to purchase from us on the applicable terms;
"we” or “us” means the finditintheblackcountry.co.uk;
“User” means individual users of the Website whether businesses or consumers;
“Website” or “site” means http://www.finditintheblackcountry.co.uk and all
associated or derivative sites owned or controlled by us; and
“you” means the Advertiser or User who has accessed our Website and who wishes
to benefit from the Services on the terms of the Agreement.
2.1 These Conditions shall apply to all contracts for the provision of Services
by us to you and use of the site and shall prevail over any other documentation
or communication proffered or relied on by you.
2.2 Any variation to these Conditions (including any special Conditions agreed
between the parties) shall be inapplicable unless agreed in writing by us.
2.3 Any complaints should be addressed to our address stated in the definitions.
2.4 Any special conditions applying to the provision of the Services will be
separately agreed with you and recorded in a discrete document.
2.5 In this Agreement, the singular includes the plural, and vice versa, one
gender refers to all genders and headings shall not be used to interpret the
Conditions to which they relate.
3 The Services
3.1 We shall perform the Services (more particularly described later in this
document or on the Website) with reasonable skill and care.
3.2 However, where applicable and in accordance with the Disclaimer, we do not
guarantee that the Services will be uninterrupted, secure or error-free or that
any data generated, stored, transmitted or used via or in connection with the
Services will be complete, accurate, secure, up to date, received or delivered
correctly or at all.
3.3 We may have to suspend the Services for repair, maintenance or improvement.
If so, we will restore them as quickly as is reasonably possible.
3.4 Your accessing of the Services is entirely at your own risk and while we
take reasonable precautions against viruses and other computer-related problems,
we cannot be liable for any loss you incur should your use of or connection to
the Website result in any loss or corruption or other damage to your data,
software or hardware.
3.5 Nothing in these Conditions shall exclude or limit our liability for death
or personal injury resulting from our negligence or that of our agents or
employees nor for fraudulent misrepresentation.
3.6 Nothing in this Agreement shall affect your statutory rights as a Consumer.
4 Intellectual Property
4.1 The Website and its content (including without limitation the Website
design, text, graphics and all software and source codes connected with the
Website and the Services) are protected by copyright, trade marks, patents and
other intellectual property rights and laws.
4.2 None of the content may be downloaded, copied, reproduced, transmitted,
stored, sold or distributed without the prior written consent of the copyright
holder. This excludes the downloading, copying and/or printing of pages of the
Website for personal, non-commercial home use only.
4.3 We do not claim ownership of any materials you post, upload or submit to any
publicly accessible area of the Services. However, by doing so you are granting
us a world-wide, royalty free, non-exclusive licence to copy, distribute,
transmit, reproduce, publicly display, edit, translate or publish such Content
for as long as you elect to display such Content via the Website (to including
using anything you post by way of comment on any Interactive Service such as a
notice board or forum as a testimonial or for other publicity purposes even
after you have ceased to display such Content). The licence shall be terminated
when such Content is deleted from the Website.
4.4 You agree to indemnify and hold us and our employees and agents harmless
from and against any breach by you of this Agreement and any claim or demand
brought against us by any third party arising out of your use of the Services
and/or any Content submitted, posted or transmitted on the Website, including
without limitation, all claims, actions, proceedings, losses, liabilities,
damages, costs, expenses (including reasonable legal costs and expenses)
howsoever suffered or incurred by us in consequence of your breach of this
Agreement
5 Force Majeure
Neither party shall be liable for any failure or delay in performance of its
obligations under this agreement which is caused by circumstances beyond the
reasonable control of that party.
6 Survival of Rights
Termination of this agreement shall not affect any rights of the parties accrued
up to the date of termination.
7 Entire agreement
This agreement contains the entire agreement between the parties in respect of
(subject matter of agreement) and supersedes any prior written or oral agreement
between them relating to it and the parties confirm that they have not entered
into this agreement on the basis of any representations that are not expressly
incorporated in this agreement. However, nothing in this agreement purports to
exclude liability for any fraudulent statement or act.
8 Variation
This agreement may be amended, modified, varied or supplemented by us at any
time subject to us informing you in writing of any changes we believe may be
relevant to your Contract.
9 No Assignment, Transfer or Sub-contracting
This agreement and all rights under it is personal to the parties and may not be
assigned or transferred by you but we will be free to sub-contract the whole or
part of our obligations under this agreement should we see fit to do so.
10 No Inducement
Each of the parties acknowledges that, in entering into this agreement, it does
not do so in reliance on any representation, warranty or other provision except
as expressly provided in this Agreement, and any conditions, warranties or other
terms implied by statute or common law are excluded from this Agreement to the
fullest extent permitted by law.
11 Further Assurance
Each party to this Agreement shall at the request and expense of the other
execute and do any deeds and things reasonably necessary to carry out the
provisions of this agreement or any ancillary arrangements to which the parties
are contracted.
12 No Waiver
No failure or delay by any party to exercise any right, power or remedy will
operate as a waiver of it nor will any partial exercise preclude any further
exercise of the same, or of some other right, power or remedy.
13 Severability of Provisions
If any term or provision in this Agreement shall in whole or in part be held to
any extent to be illegal or unenforceable under any enactment or rule of law
that term or provision or part shall to that extent be deemed not to form part
of this agreement and the enforceability of the remainder of this agreement
shall not be affected.
14 Remedies Cumulative
The remedies provided in this Agreement are cumulative and not exclusive of any
remedies provided by law.
15 Joint and Several Liability
Where you comprise more than one person your obligations and liabilities under
this agreement shall be joint and several.
16 No partnership, agency or employment
This Agreement shall not constitute or imply any partnership, joint venture,
agency, fiduciary relationship or other relationship between the parties other
than the contractual relationship expressly provided for in this Agreement and
neither party shall be or be deemed to be the employee or employer of the other
party. Neither party shall have, nor represent that it has, any authority to
make any commitments on the other party’s behalf or to pledge its credit.
17 Warranty of Authority and Freedom to Contract
Each party warrants, agrees and undertakes with the other that:
17.1 it is free to enter into this agreement and grant the other party the
rights granted under it and is not under any disability, restriction or
prohibition which might prevent the warranting from performing or observing any
of its obligations under this agreement.
17.2 it has not entered into and shall not enter into any arrangement which may
conflict with this agreement.
17.3 all third party liabilities shall be the sole responsibility of the
warranting party and the other party shall not incur any liability for them.
18 VAT
All sums payable under this agreement are exclusive of VAT which shall where
applicable be paid in addition at the rate in force at the due time for payment
subject to the provision of a proper VAT invoice.
19 Interest on Late Payments
Interest on overdue invoices shall accrue from the date when payment becomes due
from day to day until the date of payment at the statutory rate in force from
time to time and shall accrue at such a rate after as well as before any
judgment.
20 Time of the Essence
Time shall be of the essence of this agreement as regards any time, date or
period mentioned in this agreement or subsequently substituted as a time, date
or period by agreement in writing between the parties.
21 No Deduction, Set-Off or Counterclaim
All sums under this agreement shall be paid by any party without any discount,
deduction, set-off or counterclaim whatsoever.
22 Confidentiality and Publicity
Subject to our obligations under the Freedom of Information Act 2000, neither
party will make any press or other public announcements concerning any aspect of
this agreement, or make any use of the name of the other party in connection
with or in consequence of this agreement, without the prior written consent of
the other party.
23 Service of Notices
23.1 Any notice required or authorised to be given by either party under this
agreement to the other party shall be in writing and shall be sent by pre-paid
registered or recorded delivery post, electronic mail or facsimile transmission
(but not SMS) to the other party at the address stated in this agreement or such
other address as may be specified by the parties by notice to the other from
time to time.
23.2 Any such notice shall operate and be deemed to have been served at the
expiration of 2 days after it is posted or on the next working day if
transmitted by telex, electronic mail or facsimile (subject to production of a
transmission report or other electronic record proving successful transmission).
24 Law and Jurisdiction
This agreement and any claims or disputes arising out of or in connection with
it shall be governed by and construed in accordance with the law of England and
Wales and each party agrees to submit to the exclusive jurisdiction of the
courts of England and Wales.
ADVERTISER CONDITIONS
1. ORDERING
1.1 All orders for Services shall be deemed to be an offer by you to purchase
Services pursuant to these Conditions and are subject to acceptance by us. We
may choose not to accept an order for any reason.
1.2 When making an order through the Website, the specific technical steps you
need to take to complete the order process are described in the Advertiser area
of the Website
2. PRICE AND PAYMENT
2.1 The prices of the various Services shall be that stipulated on the Website
and the total purchase price, including VAT, for the type and amount of Services
you order will be displayed to you in the Advertiser area.
2.3 After the order is received we shall confirm by email the details,
description and price for the Services.
2.4 We may establish payment methods which will allow you to pay for the
Services through the Website and via a secure payment mechanism. If you choose
to use this method of payment, you must abide by the terms we set out within it.
If you prefer to pay traditionally for the Services you order, payment must be
made within 14 days of invoice date (which we will raise following your order)
without deduction, set-off or counterclaim.
2.5 Where applicable, if any payment is not paid on time or any payment is
rejected or refused, the amount owing will be treated as overdue and we will be
entitled immediately to cease or suspend the provision of the relevant Service
until payment has been received.
3. OUR RIGHTS
3.1 We reserve the right to periodically update prices on the Website, which
cannot be guaranteed for any period of time. We shall make every effort to
ensure prices are correct at the point at which you place an order.
3.2 We reserve the right to withdraw all or any of the Services from the Website
at any time.
3.3 We shall not be liable to anyone for withdrawing the Services from the
Website or for refusing to process an order.
4. CANCELLATION
4.1 Where we provide a Service for you in your legal capacity as a consumer, you
have a right to cancels an order for the Services without charge by giving use a
notice in writing (including e-mail) at any time within 7 working days from the
date of your order.
4.2 Where we provide a Service to you as a business, if we start to perform our
side of this Agreement with your agreement before you exercise this right to
cancel, the right to cancel is lost.
4.3 Once content has been published to the Website you will be liable in full
for all fees and cancellation of an order can only be accepted providing content
has not already been published and at our sole discretion.
5. DISCLAIMER AND LIMITATION OF LIABILITY
5.1 Use of the Website/Services is at your own risk. The Website/Services are
provided on an "AS IS" and "AS AVAILABLE" basis without any representation or
endorsement made and without warranty of any kind whether express or implied,
including but not limited to the implied warranties of satisfactory quality,
fitness for a particular purpose, non-infringement, compatibility, security and
accuracy.
5.2 We give no warranty that the Website/Services will meet your requirements,
that the Content will be accurate or reliable, that, in accordance with the
general Disclaimer, the functionality of the Website/Services will be
uninterrupted or error free, that defects will be corrected or that the
Website/Services or the server that makes them available are free of viruses or
anything else that may be harmful or destructive.
5.3 Except as may be implied by law where you are dealing as a Consumer, in the
event of any breach of these Conditions by us, your remedies shall be limited to
damages which shall in no circumstances exceed the price of the Services in
question and we shall under no circumstances be liable for any indirect,
incidental or consequential loss or damage whatever (including loss of
opportunity, contract, bargain or loss of profit (normal or exceptional) or
continued expenses or payments to temporary staff (on contract or from agencies
or however) used to fill vacancies for which you have advertised with us).
5.4 Nothing in these Conditions shall exclude or limit our liability for death
or personal injury resulting from our negligence or that of our agents or
employees nor for fraudulent misrepresentation.
5.5 Nothing in this Agreement shall affect your statutory rights as a Consumer.
6. YOUR CONTENT
6.1 In using the Services, you will electronically submit your advertisements or
other appropriate information in common with our other advertiser clients
(“Content”) to the Website via the Website’s online Advertiser’s area for Users
to view Content, should they wish to do so.
6.2 Your Content will be automatically published by our systems (and without the
assistance of any of our personnel) to the Website and we also offer you the
facility to edit your advertisements already on the Website via the Advertiser
area.
6.3 Your Content shall remain posted on the Website for such period of time as
you decide. We however may remove the Content in accordance with the Contents
Removal Policy in force from time-to-time.
6.4 You remain at all times completely and irrevocably responsible for all
Content submitted electronically by you or representatives of you to the
Website. We will not be liable or responsible for checking the Content to ensure
it is correct, accurate, complete or that it does not contain any errors.
6.5 You will ensure that your Content complies with all applicable legislation,
regulations, codes and guidelines applicable to such Content being advertised on
the Website and the Website User Agreement.
7 CONTENT MANAGEMENT GENERALLY
7.1 We offer you the opportunity to search the online database of Users stored
on the Website. This is done by way of a direct database search using search
tools on the Website or by way of automatic matching by the Website of Content.
7.2 On the Website you will be offered automatic links to other sites. We do not
accept any responsibility for or liability in respect of the content of those
sites, the owners of which do not necessarily have any connection, commercial or
otherwise, with us. Using automatic links to gain access to such sites is
entirely at your own risk.
7.3 We will not be liable for any errors, emissions or mistakes during the
electronic processing of Content to the Website. You will be responsible for
keeping your Content up to date and accurate using the employer area on the
Website.
7.4 You warrant that you have, or will procure prior to submitting Content on to
the Website, all necessary consents, permissions, releases and licences to
provide the Content to the Website and to deal with it as described in this
Agreement.
7.5 You will notify us of any and all complaints within 48 hours of such
complaint being received.
7.6 We do not guarantee or promise that the advertisements placed on the Website
will lead to a successful advertising campaign for you.
7.7 We will charge fees to you for the Services at rates published from time to
time on the Website or as specifically quoted in writing by us. We reserve the
right to amend fees and pricing without prior notice to you.
7.8 Notwithstanding any other provision of this Agreement, you will fully
indemnify us from and against all claims, demands, actions, losses and damages,
costs, charges, fines and expenses (including but not limited to reasonable
costs and disbursements on a solicitor and client basis) arising from or
incurred due to any infringement or alleged infringement of any third party
intellectual property rights (particularly copyright, trade or business names,
or trade marks) or for passing off allegations or actions caused by our use
(pursuant to this Agreement) of the Content provided by you or you providing any
Content which gives rise to any liability or expense which we suffer howsoever.
7.9 We may immediately delete, suspend, or refuse to accept any Content in
accordance with the Acceptable Use Policy or the Contents Removal Policy and may
change your Content’s position on the Website without prior notice to you.
7.10 You must not under any circumstances seek to undermine the security of the
Website nor seek to access, alter or delete any information to which we do not
have authorised access, seek to overload the system via spamming or flooding,
take any action or use any device, routine or software to crash, delay, damage
or otherwise interfere with the operation of this Website or attempt to
decipher, disassemble or modify any of the software, coding or information
comprised in the Website.
7.11 You are responsible for ensuring that all information, data and files are
free of viruses or other routines or engines that may damage or interfere with
any system or data prior to being submitted to the Website.
8. USER ACCOUNT, PASSWORD AND SECURITY
8.1 If a particular Service requires you to open an account you will be required
to complete the registration process by providing certain information and
registering a username and password for use with the Services.
8.2 You are responsible for maintaining the confidentiality of the username and
password and also for all activities that take place under your account.
8.3 You agree to immediately notify us of any unauthorised use of your password
or account or any other breach of security.
8.4 In no event will we be liable for any loss or damage whatsoever, whether
direct, indirect or consequential resulting from the disclosure of your username
and/or password before you inform us of any suspicion or evidence you have that
your username and/or password may have been compromised and used by a party
other than you.
8.5 You may not use another person’s account at any time, without the express
permission of the account holder who, as above, remains liable for everything
that then occurs on the Website or the system generally which originates in or
passes through your account.
USER CONDITIONS
1. THE SERVICES
1.1 The Website may provide communication tools such as email, bulletin boards,
chat areas, news groups, forums and/or other message or communication
facilities, or a registration form which will allow others the ability to search
on Content which you have provided and additional services available from time
to time ("the Services").
1.2 Unless otherwise stated when registering your details and uploading your
Content to the Website, your details will be made available to others subject
always to our Privacy Policy.
1.3 Unless otherwise stated the Services are for your personal and
non-commercial use only and you may not assign or transfer the benefit of this
Agreement to any other person or party or use the Services for any purpose other
than for which they are made available by you.
1.4 The services we provide via our Website are based on advertising and
providing a forum for Advertisers and Users to make contact.
2. CHILD SUPERVISION
2.1 Ordinarily, we expect our users, both Advertisers and Users, to be adults.
However, we acknowledge that the nature of internet services is that they may be
accessed by minors without any ability on our part to prevent such access.
2.2 We are concerned about the safety and privacy of its users, particularly
children. Parents who wish to allow their children access to and use of the
Website/Services should supervise such access and use.
2.3 By allowing their child access to the Services, parents are allowing them
access to all of the Services, including email, bulletin boards, chat areas,
news groups, forums and/or other message or communication facilities.
2.4 It is therefore the parents’ responsibility to determine which Services are
appropriate for their child and to instruct their child to always use caution
when revealing personally identifiable information about themselves via any of
the Services.
3. USER ACCOUNT, PASSWORD AND SECURITY
3.1 If a particular Service requires you to open an account you will be required
to complete the registration process by providing certain information and
registering a username and password for use with the Services.
3.2 You are responsible for maintaining the confidentiality of the username and
password and also for all activities that take place under your account.
3.3 You agree to immediately notify us of any unauthorised use of your password
or account or any other breach of security.
3.4 In no event will we be liable for any loss or damage whatsoever, whether
direct, indirect or consequential resulting from the disclosure of your username
and/or password before you inform us of any suspicion or evidence you have that
your username and/or password may have been compromised and used by a party
other than you.
3.5 You may not use another person’s account at any time, without the express
permission of the account holder who, as above, remains liable for everything
that then occurs on the Website or the system generally which originates in or
passes through your account.
4. ACCEPTABLE USE
4.1 You acknowledge that all information, text, graphics, logos, photographs,
images, moving images, sound, illustrations and other materials ("the Content"),
whether posted publicly or transmitted privately, are the sole responsibility of
the person from whom such Content originated.
4.2 We do not control or endorse the Content and cannot guarantee the accuracy,
integrity or quality of such Content and you acknowledge that by using the
Services you may be exposed to Content that is offensive and/or indecent.
4.3 We will not be liable in any way for any Content or for any loss or damage
of any kind resulting from the use of any Content transmitted via the Services
and you agree to bear all risks associated with the use of any Content,
including any reliance on the accuracy or completeness of such Content.
4.4 Notwithstanding the application to you of the Website User Agreement, which
contains the Acceptable Use Policy, in using the Website/Services you agree not
to:
4.4.1 use the Services to send junk email, spam, chain letters, pyramid schemes
or any other unsolicited messages, commercial or otherwise;
4.4.2 post, publish, distribute or disseminate material or information that is
defamatory, infringing, obscene, indecent, threatening, abusive, harassing or
unlawful;
4.4.3 post, publish, distribute or disseminate material or information that
incites discrimination, hate or violence towards any person or group on account
of their race, religion, disability, nationality or otherwise;
4.4.4 threaten, abuse, disrupt, stalk or otherwise violate the legal rights
(including rights of privacy and publicity) of others;
4.4.5 use any information or material in any manner that infringes any
copyright, trademark, patent or other proprietary right of any party;
4.4.6 make available or upload files that contain a virus, worm, trojan or
corrupt data that may damage the operation of the computer or property of
another;
4.4.7 collect or store personal information about others, including email
addresses;
4.4.8 advertise or offer to buy or sell goods or services for any commercial
purpose, unless such communication facility specifically allows such messages;
4.4.9 impersonate any person or entity for the purpose of misleading others;
4.4.10 violate any applicable laws or regulations;
4.4.11 use the Website/Services in any manner that could damage, disable,
overburden or impair the Website/Services or interfere with any other party’s
use and enjoyment of the Website/Services;
4.4.12 post, publish, distribute or disseminate material or information that you
do not have a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information or confidential information disclosed
in the course of employment or under a confidentiality agreement);
4.4.13 attempt to gain unauthorised access to any of the Services, other
accounts, computer systems or networks connected to the Website/Services through
hacking, password mining or any other means.
4.5 We have no obligation to monitor the Services but shall be entitled to
review materials posted to a communications facility and, at our sole
discretion, to remove any material that breaches these Conditions or is
otherwise objectionable in accordance with the Content Removal Policy.
5. TERMINATION
5.1 We may terminate your access to any or all of the Services at any time,
without notice, for breach of these Conditions.
5.2 We may also at any time, at our sole discretion, discontinue the
Website/Services or any part thereof without prior notice and you agree that we
shall not be liable to you or any third party for any termination of your access
to the Website/Services.
5.3 Should we terminate your access or discontinue the Website/Services, as set
out above, we shall reimburse you pro rata for advance payments made by you
subject to retention by us in full of any fixed fee element of the provision.
6. LINKS TO OTHER WEBSITES
6.1 The Website may include links to other websites that are controlled and
maintained by us. This Agreement shall apply to your use of or access to any
other website controlled by us however you find your way to that website, for
example via another of our websites, by search engine or via links from other
third party websites.
6.2 The Website may also include links to third party websites not controlled by
us. In particular, these may be of our client advertisers or other parties where
we have permitted a link to be made.
6.3 Any link to such third party websites is not an endorsement of such websites
and you acknowledge and agree that we are not responsible for the content or
availability of any such sites and that you access them entirely at your own
risk.
7. INTERNATIONAL USE
You agree to comply with all applicable laws regarding the transmission of
technical data exported from the United Kingdom or the country in which you
reside (if different) and with all local laws and rules regarding acceptable use
of and conduct on the Internet.
8. DISCLAIMERS AND LIMITATION OF LIABILITY
8.1 Use of the Website/Services is at your own risk. The Website/Services are
provided on an "AS IS" and "AS AVAILABLE" basis without any representation or
endorsement made and without warranty of any kind whether express or implied,
including but not limited to the implied warranties of satisfactory quality,
fitness for a particular purpose, non-infringement, compatibility, security and
accuracy.
8.2 To the extent permitted by law, we will not be liable for any indirect or
consequential loss or damage whatsoever (including without limitation loss of
business, opportunity, data, profits (usual or exceptional)) arising out of or
in connection with your use of the Website/Services.
8.3 We give no warranty that the Website/Services will meet your requirements,
that the Content will be accurate or reliable, that, in accordance with the
general Disclaimer, the functionality of the Website/Services will be
uninterrupted or error free, that defects will be corrected or that the
Website/Services or the server that makes them available are free of viruses or
anything else that may be harmful or destructive.
8.4 Nothing in these Conditions shall be construed so as to exclude or limit our
liability for death or personal injury as a result of our negligence or that of
our employees or agents or for fraudulent misrepresentation.
8.5 Nothing in these Conditions shall affect your statutory rights as a
consumer.