Terms of Use - (Updated 7th June 2014)
This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website - www.Northampton.co.uk (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
Information about us
Northampton.co.uk is a site operated by Geoware Media Limited ("We"). We are a limited company registered in England and Wales under company number 7134453 and have our registered office at Magma House, 16 Davy Court, Castle Mound Way, Rugby, Warwickshire, CV23 0UZ.
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
Only one registration is allowed per user and you are not allowed to share your registration with any third party. 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 these terms of use.
Users must be aged 16 or over to register with our site.
When using our site, you must comply with the provisions of these terms of use.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Reliance on information posted
Commentary and other materials posted on our site 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 our site, or by anyone who may be informed of any of its contents. While the Company endeavours to ensure that the information on our site is correct, the Company does not warrant the accuracy and completeness of the material on our site. The Company may make changes to the material on our site, or to the services, products and prices described in it, at any time without notice.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Our liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• 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.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our site
We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Transactions concluded through our site
Contracts for the supply of services formed through our site or as a result of visits made by you are governed by our Terms & Conditions of Supply.
Uploading material to our site
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out below. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out below.
Prohibited uses
You may use our site only for lawful purposes. You may not use our site:
• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as stated below.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms of website use.
• Not to access without authority, interfere with, damage or disrupt:
• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.
Interactive services
We may from time to time provide interactive services on our site, including, without limitation:
• Chat rooms.
• Bulletin boards.
• Social networking.
• Messaging features.
(interactive services).
Interactive services are not moderated. We will not be responsible as author, editor or publisher of any material or content submitted to our site and we expressly exclude our liability for any loss or damage arising from the use of the interactive services by any person in contravention of our content standards. We reserve the right to promptly remove, or to disable access to, any material or content which we deem to be potentially defamatory of any person, unlawful or in violation of any third party rights.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Please report problems, offensive content and/or policy breaches to us using the reporting procedures should a concern or difficulty arise.
Content standards
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of these Terms of Use through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with these Terms of Use constitutes a material breach of these terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Viruses, hacking and other offences
You must not misuse our site 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 our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our 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 our site will cease immediately.
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 our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our site
You may link to any page within our site, 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.
You must not establish a link from any website that is not owned by you.
Our site 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 this terms of use policy.
If you wish to make any use of material on our site other than that set out above, please contact us.
Links from our site
Where our site 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.
Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site 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.
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.
Variations
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. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
Your concerns
If you have any concerns about material which appears on our site, please contact us.
Terms & Conditions of Supply
This page (together with the documents referred to on it) tells you the terms and conditions on which we will publish your advertisement on our website - www.Northampton.co.uk (our site) and incorporate the terms and conditions stated in our Terms of Website Use. Please read these terms and conditions carefully before placing your order to publish your advert on our site. You should understand that by placing your order to advertise on our site, you agree to be bound by these terms and conditions. “you” means any person, firm or company ordering advertisements with us for inclusion on our site.
You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to place your order to advertise on our site.
1. Information about us
1.1 Northampton.co.uk is a site operated by Geoware Media Limited (“we”, “us”, “our”). We are registered in England and Wales under company number 7134453 and with our registered office at Providence House, Providence Place, Islington, London N1 0NT.
2. Service Availability
Our site is only intended for use by people resident in the UK. We do not accept orders from individuals outside of the UK. Our site advertises motor vehicles, jobs and properties.
3. Your Status
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old;
(c) You are resident in the UK; and
(d) You are accessing our site from the UK.
4. How the contract is formed between you and us
4.1 After placing an order to advertise on our site and paying the relevant price, your advertisement will be published on our site immediately at which time the contract between us (Contract) will be formed. We will confirm the Contract by sending you an e-mail that confirms that your advert has been accepted to publish on our site (the “Confirmation”).
4.2 The Contract will relate only to those adverts we have confirmed in the Confirmation.
5. Advertising on our site
5.1 When advertising with us:
(a) you agree that your advert (including all written material and photographs) will appear on our site and you warrant that your advert complies with our Terms of Website Use [INSERT LINK], if your advert (including all written material and photographs) does not comply with these terms then we reserve our right to remove your advert from our site without any liability to you whatsoever;
(b) word limits will apply to your advert;
(c) once you have made the relevant payment for your advert, your advert will be published on our site immediately;
(d) it is your responsibility to check your advert for accurateness, before submitting your order. Any misprints, omissions or other faults with your advert, is your responsibility and we accept no liability for misprints, omissions or other faults with your advert;
(e) once you have submitted your order to place your advert on our site, your advert can not be edited once it is published on our site. Please ensure that you check your advert content carefully before submitting your order;
(f) we do not give refunds and you will not have the right to cancel the Contract for adverts placed on our site, as your advert will appear on our site immediately;
(g) your advert will remain published on our site for thirty (30) days, unless extended by you (subject to further payment) or deleted by you or the Contract is terminated in accordance with this these terms and conditions; and
(h) you may delete your advert at anytime but no part refunds are given.
6. Warranties
6.1 You warrant that:
(a) your advertisement complies with all applicable laws in the UK including the British Code of Advertising and all other relevant codes under the supervision of the Advertising Standards Authority.
(b) The publication of your advertisement by us will not infringe any third party intellectual property rights, other proprietary rights or rights of publicity or privacy;
(c) if any photographs are used in your advertisement showing living persons who can be identified, you have obtained the necessary authority of such living person and have complied with the Data Protection Act in this respect.
7. Price and payment
7.1 The price for advertising on our site will be as quoted on our site from time to time, except in cases of obvious error. These prices include VAT.
7.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you Confirmation.
7.3 All orders for advertising on our site must be paid in advance before we will publish the advertisements on our site. You shall be obliged to pay all sums to us without any set-off, counterclaim, deduction and/or withholding.
7.4 Without prejudice to any other right or remedy that we may have, if you fail to pay us, we may:
(a) charge interest on such sum from the due date for payment at the annual rate of 3% above the base lending rate from time to time of Barclays Bank plc, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment or we may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 against you and in each case you shall pay the interest immediately on demand; and
(b) suspend all advertisements ordered by you until payment has been made in full and/or terminate the Contract.
7.5 Where payment is taken through our site, we will refer you to a dedicated commerce provider who will take payment via a secure server connection to ensure the safety of your payment online. Whilst every effort is made to ensure the safety of your transaction, we cannot and do not accept liability for any loss or damage incurred as a result of using the secure payment mechanism.
7.6 Payment for advertising on our site must be made by credit or debit card.
6. Intellectual property rights
8.1 All intellectual property rights (including, without limitation, copyright, trade marks, database rights and design rights (whether registered or not) (“IPRs”) in any copy, text, artwork, photographs or other materials which we have created shall belong to us absolutely.
8.2 In respect of any material you supply us, you grant us a non-exclusive, irrevocable, perpetual and royalty free licence to use such material for any purpose. You undertake that neither you nor any other person will assert any moral rights in or relating to the IPRs referred to above against us or any third party.
8.3 You agree and undertake to indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us due to, or arising out of, the publication by us of any advertisement for you in accordance with your instructions including (but not limited to) any claim for defamation or the infringement of any third party’s IPRs.
9. Our liability
9.1 We warrant to you that we shall provide our services with reasonable care and skill.
9.2 You acknowledge that it is impossible to guarantee that our site will be continuously available online or corruption free or error free. We may at any time vary the technical specifications of our site (or any part of it) for operational reasons. From time to time we will need to carry out maintenance on our equipment and systems and we shall use our reasonable endeavours to ensure that, in doing so, minimum disruption to your advert is caused.
9.3 We do not monitor or control and shall not be responsible for the content of your advertisement which you agree is your sole responsibility.
9.4 We reserve the right to refuse to publish any advertisement without reason and to classify, edit and/or delete an advert on our site at our sole discretion. We may at any time remove any or all of the materials from the advertisement which in our opinion are unlawful or in the case where the advertisement published is in breach of these terms and conditions and/or our Website Terms of Use.
9.5 Our total liability for losses you suffer as a result of (i) any total or partial failure to publish your advert on our site, (ii) delay in publishing your advert and/or (iii) loss of any copy, artwork, photographs or other material is strictly limited to the purchase price of your advertisement.
9.6 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) For fraud or fraudulent misrepresentation; or
(c) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.7 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) loss of data, or
(g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
9.8 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
9.9 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(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.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
9.10 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
10. Termination
10.1 We shall be entitled to terminate the Contract immediately by giving you written notice by email if (i) you breach these terms and conditions and/or the Website Terms of Use (ii) you do not pay the relevant price for your advert (iii) you become unable to pay your debts (iv) you suffer or threaten an event of insolvency (v) you cease or threaten to cease trading.
11. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, 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 site. 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.
12. Data Protection
By submitting an advert to us you are requesting that your advert appear on our site. This means that your telephone number and contact details can potentially be viewed by all persons with internet access throughout the world. You consent to the publication of your data in this way. Please also refer to our Privacy Policy which is incorporated into these terms and conditions.
13. Transfer of rights and obligations
13.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 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.
13.3 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.
14. Consumer protection
14.1 The Consumer Protection from Unfair Trading Regulations (SI 2008/1277) requires all advertisements by those people who sell goods/services in the course of their business to make this clear. It is an offence to falsely represent yourself as a consumer to promote your goods.
15. Waiver
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
16. Entire Severability
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. Entire agreement
17.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
19. Our right to vary these terms and conditions
18.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before the Contract is made.
19. Law and Jurisdiction
Contracts for the purchase of advertisements through our site 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) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
