This agreement applies as between you, the User of this Website and YourLocalList™, the owner(s) of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
This Website, YourLocalList.com, is owned and operated by YourLocalList™.
- Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
Account means collectively the personal/identifying information, payment information and credentials used by Users to access parts of the Website and to create Listings;
Content means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
Listing means a directory listing posted on the Website by a User which shall provide details of that User’s business including, but not limited to, contact details;
Listed Business means any business which features in a Listing;
Listing Fee means the fee payable to post a Listing;
Service means collectively any online facilities, tools, services or information that YourLocalList™ makes available through the Website either now or in the future;
System means any online communications infrastructure that YourLocalList™ makes available through the Website either now or in the future. This includes, but is not limited to, Listings, email addresses and online forms;
User/Users means any third party that accesses the Website and is not employed by YourLocalList™ and acting in the course of their employment; and
Website means the website that you are currently using (YourLocalList.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Intellectual Property
2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, unless contained in Listings, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of YourLocalList™, or our affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2.2 You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website as specified in Clause 4 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Website or unless given express written permission to do so by YourLocalList™. Specifically you agree that:
2.2.1 You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by YourLocalList™;
3. Third Party Intellectual Property
1. The Intellectual Property Rights subsisting in the Content of Listings belong to the Listed Businesses to which those Listings pertain unless it is expressly stated otherwise.
2. Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.
3. The Content described in this Clause 3, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Website. The exceptions in Clause 4 continue to apply.
4. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
5. Links to Other Websites
This Website may contain links to other sites including, but not limited to, those of Listed Businesses. Unless expressly stated, these sites are not under the control of YourLocalList™ or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
6. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site YourLocalList.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of YourLocalList™. To find out more please contact us by email at email@example.com.
7. Listing on the Website
7.1 When submitting a Listing to the Website you should do so in accordance with the following rules:
7.1.1 you must not use obscene or vulgar language;
7.1.2 your Listing may not contain Content that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation specific to your business or industry). This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.1.3 your Listing may not contain Content that is intended to promote or incite violence;
7.1.4 your Listing should be honest and fair, should not make any unsubstantiated or unsupportable claims, and should not make dishonest or unreasonable comparisons with other businesses;
7.1.5 your Listing may not infringe the intellectual property rights of any third party including, but not limited to, copyright and trade marks;
7.1.6 the means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
7.1.7 your Listing must be placed into the appropriate category;
7.1.8 you must not impersonate other people or businesses;
7.1.9 you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
7.1.10 you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
7.2 YourLocalList™ does not screen or pre-approve any Listing submitted to the website, however on notification from Users we may examine Listings and such Listings may be edited and/or removed from the Website.
7.3 YourLocalList™ may edit your Listing to comply with the provisions of sub-Clause 7.1 without prior consultation. In cases of severe breaches of the provisions of sub-Clause 7.1, your Listing may be removed and your Account may be suspended or terminated. You will be informed by email of the reasons for any such alterations or removals.
7.4 In order to submit a Listing, you are required to submit certain personal details and/or business details. By continuing to use this Website you represent and warrant that:
7.4.1 any information you submit is accurate and truthful; and
7.4.2 you will keep this information accurate and up-to-date.
7.5 By submitting a Listing you warrant and represent that you are the author of that Listing or that you have acquired all of the appropriate rights and / or permissions to submit it. YourLocalList™ accepts no responsibility or liability for any infringement of third party rights by such Listings or Content. Further, you waive all moral rights in the Listing to be named as its author and grant YourLocalList™ a perpetual licence to modify the Content as necessary for its inclusion on the Website.
7.6 YourLocalList™ will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Listings, nor for any errors or omissions in Listings. Use of and reliance upon Listings is entirely at your own risk.
7.7 Nothing in these Terms and Conditions shall grant YourLocalList™ any rights in or to any trade marks or any other intellectual property rights contained within your Listing or any part of it save for the right to display the same on the Website as part of your Listing until you or YourLocalList™ choose to remove that Listing.
7.8 You acknowledge that YourLocalList™ may retain copies of any and all communications, information, Content and Listings sent to us or submitted to the Website.
8. Accounts and Listing Fees
8.1 In order to post a Listing on this Website you must create an Account which will contain certain personal details. By creating an Account you represent and warrant that:
8.1.1 all information you submit is accurate and truthful; and
8.1.2 you will keep this information accurate and up-to-date.
8.2 Sharing of accounts is not permitted unless expressly authorised in writing by YourLocalList™. You must keep your Account details confidential and should not reveal your username or password to any unauthorised third parties.
8.3 A Listing Fee will be charged for each Listing you post on this Website. Listing Fees are detailed here. Your credit / debit card will be billed at the time at which your listing goes live and monthly thereafter until cancellation or termination.
8.4 Your first payment will be at the price advertised on the Website. YourLocalList™ reserve the right to change Listing Fees from time to time and any such changes may affect your recurring Listing Fees:
8.4.1 increases in price will not be reflected in your recurring Listing Fees; and
8.4.2 decreases in price will not be reflected in your recurring Listing Fees.
8.5 Multiple Listings are permitted for each Account. Each new Listing will incur the standard Listing Fee depending on the package you selected in accordance with sub-clause 8.3.
8.6 If you terminate a Listing and/or your Account, your Listing(s) will be removed immediately and you will not be rebilled for either the cancelled Listing or all of your Listings, as appropriate.
8.7 Listings which YourLocalList™ rejects in accordance with sub-Clause 7.2 shall not be charged for.
9. Termination and/or Suspension
9.1 In the event that any of the provisions of sub-Clause 7.1, above, are not followed, YourLocalList™ reserves the right to suspend or terminate your access to the Service. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.
9.2 If YourLocalList™ terminates or suspends your Account as a result of your breach of these Terms and Conditions you will not be entitled to any refund. If you have multiple Listings and not all are deleted, you will continue to be billed for those which remain active and will not be refunded for those which are deleted.
11.1 YourLocalList™ makes no warranty or representation that the Website will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
11.2 Save for the screening and approval of Listings, YourLocalList™ has neither control over, nor involvement in, any Listed Business and accepts no responsibility for any actions taken, or any goods or services provided, by any Listed Business.
11.3 Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, YourLocalList™ makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
11.4 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
11.5 YourLocalList™ makes no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
11.6 Whilst every effort has been made to ensure that all descriptions of services available from YourLocalList™ correspond to the actual services available, YourLocalList™ is not responsible for any variations from these descriptions.
11.7 Whilst YourLocalList™ exercises all reasonable skill and care to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
12. Availability of the Website and Modifications
12.1 YourLocalList™ accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
12.2 YourLocalList™ reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
13. Limitation of Liability
13.1 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Website or the use of or reliance upon any content included on the Website.
13.2 To the fullest extent permissible by law, YourLocalList™ excludes all representations, warranties, and guarantees (whether express or implied) that may apply to the Website or any content included on it.
13.3 If the User is a commercial user, YourLocalList™ accepts no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
13.4 YourLocalList™ exercises all reasonable skill and care to ensure that the Website is free from viruses and other malware. Subject to sub-Clause 11.8, YourLocalList™ accepts no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect the User’s hardware, software, data or other material that occurs as a result of the User’s use of the Website (including the downloading of any content from it) or any other site referred to on the Website.
13.5 YourLocalList™ neither assumes nor accepts responsibility or liability arising out of any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
13.6 Nothing in these Terms and Conditions excludes or restricts YourLocalList™’s liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, Users should contact their local Citizens’ Advice Bureau or Trading Standards Office.
13.7 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
14. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
15. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
16. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and YourLocalList™.
17.1 All notices / communications shall be given to us either by email to firstname.lastname@example.org.
17.2 YourLocalList™ may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us.
18. Law and Jurisdiction
18.1 These Terms and Conditions, and the relationship between the User and YourLocalList™ (whether contractual or otherwise) shall be governed by, and construed in accordance with, Scottish law.
18.2 If the User is a consumer, any disputes concerning these Terms and Conditions, the relationship between the User and YourLocalList™, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by the User’s residency.
18.3 If the User is a business, any disputes concerning these Terms and Conditions, the relationship between the User and YourLocalList™, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Scotland.