These terms and conditions, in conjunction with our acceptable use policy
and website terms and conditions apply to subscribers who wish to be listed in our Business Directory.
In these terms and conditions the following capitalised words shall have the following meanings:
“listing”
means a listing in our Business Directory;
“entry confirmation”
our confirmation to you that we have received your listing;
“Technical Information”
means any technical requirements we request that you adhere to in respect of your listing and its format, including but not limited to the standard and quality of reproduction of any text or pictures, the setting, style, delivery format, file configuration and size and wording;
“Women Orientated Business”
businesses which are run or represented by women;
“Women Orientated Goods/Services”
goods and services which are provided by Women Orientated Businesses;
Listing Criteria
Our Business Directory is a directory intended to promote Women Orientated Businesses or Women Orientated Goods and/or Services (“Purpose”).
We therefore restrict those persons or businesses who wish to list in our Business Directory to those who fit in with our Purpose. However, we may in our discretion allow any business which we feel will benefit our Purpose, even if that business is not a Women Orientated Business.
Where in our absolute discretion we feel that your listing would not fit with our Purpose, we shall be entitled to refuse to upload or enter into any contract with you for such listing.
Your Information
Where you provide us with information about you as part of our online listing order process, you shall ensure that you give true, complete and accurate information about yourself and/or your business as appropriate.
Where your business is a regulated business, you may be required to submit evidence of your qualifications and/or accreditation.
Your warrant, represent and undertake that from time to time;
- any information provided by you to us about you or your business is true, complete and accurate in all respects
- any information contained in your listing is true, complete and accurate and not misleading in any respect;
- you have all necessary qualifications and/or accreditations which are required to provide the goods and/or services you list or intend to list in our Business Directory;
- any documents, evidence of qualifications, accreditation or otherwise are true and complete copies and any reference to the same in the listing shall be true and complete.
Obligations
Your listing must comply with any Technical Information we specify.
You warrant represent and undertake that:
- the publication of the listing on our site will not breach any contract with a third party or infringe any copyright, trade mark or other proprietary right of any third party or otherwise be unlawful or render us liable to any proceedings, claims, demands, costs or expenses or any other loss whatsoever;
- in the case of any listing submitted for publication which contains the name or pictorial representation, whether photographic or otherwise, of any living person or any part of the anatomy of any living person or any material by which any living person may be identified, you have obtained the authority of that living person to make use of his or her name, identity, image, representation and/or copy;
- in relation to any financial promotion (as defined under the Financial Services and Markets Act 2000 (“Act”)), the necessary approval has been given by an authorised person within the meaning of the Act or the listing is otherwise permitted under the Act, under the Financial Promotion Order 2001 or under any other legislation subordinate to the Act and publication on our site of the listing will not result in us being in breach of any of the aforementioned statutes.
- the listing complies with the requirements of all relevant legislation (including subordinate legislation, the rules of statutorily recognised regulatory authorities and the law of the European Economic Community) and applicable laws for the time being in force or applicable to the United Kingdom;
- all advertising copy complies with our acceptable use policy (in particular the content standards set out in paragraph 2), the British Code of Advertising, Sales Promotion and Direct Marketing and all other relevant codes under the general supervision of the Advertising Standards Authority.
Upload, alternation and Listing content
We shall endeavour to upload your listing onto our site, within 48 hours of receiving payment from you. Bank holidays and weekends will not be taken into account when calculating the 48 hours.
We shall be entitled at any time to require you to amend any artwork, materials and copy for and relating to any listing, or refuse (without notice) to upload any listing. In such circumstances we shall refund the payment made by you in respect of the listing.
It is our policy to destroy all artwork, film, copy or other materials which have been in our possession for more than six (6) months from the date of their last use by us.
If your listing contains a link to another website, you shall provide us with evidence that such linking has been approved or is permitted by the linked website owner. We reserve the right to delay uploading your listing if you fail to provide this to us. We further reserve the right to remove any links in your listing except where such link is directly to the website associated with the content of the listing.
If we receive a complaint about the content of a listing we may in our discretion, remove the listing from our site and we shall not be expected to verifying the accuracy or motivation for such complaint prior to removing the listing.
Indemnity
You shall indemnify us and keep us indemnified against all proceedings, claims, demands, damages, costs, expenses or any other loss whatsoever arising directly or indirectly as a result of;
- the publication of the listing on our site;
- a breach by you of these terms and conditions (including any policies refereed to within these terms and conditions);
- any of the warranties given by you in these terms and conditions being breached, in accurate, misleading, untrue or incomplete.
We shall not be liable for:
- verifying the correctness or truth of the listing;
- the actual positioning or prominence of the listing on our site;
- any loss whatsoever caused by delay or failure by us to upload your listing;
- the payment of any damages or other compensation for breach of contract because of our failure to perform any of our obligations under these terms and conditions were such failure is beyond our control (which shall include but not be limited to acts or threats of terrorism, strikes, lock-outs or other industrial actions or trade disputes, pandemic, epidemic or other widespread illness whether involving our employees or those of any third party);
- any failure of the listing to meet or generate any target response levels or page impressions.
If a listing contains an error caused by us and this detracts materially (in our opinion) from the listing, then provided you give written notice to us of the error within 5 days of its publication we will in our sole discretion either:
- give you a credit for the cost of the listing containing the error; or
- extend the display period by the number of days that the listing was displayed incorrectly but in any event no longer than 5 days.
Our total liability under these terms and conditions shall not exceed greater of (i) the fees paid by you in respect of the advert and (ii) the fees paid by you to us for advertising over the l2 month prior to our act or omission.
Intellectual Property Licence
In submitting your listing to us, you grant to us a non-exclusive, worldwide licence (including the right to sub-license) to;
- upload modify, electronically reproduce and distribute, and publicly perform and display the listing in our Business Directory;
- reproduce and distribute through any media now known, or hereafter developed, excerpts of the content in listing for, and in marketing and promotional materials related to our site; You warrant to us that the listing and any content therein:
You warrant and represent to us that the content in your listing complies in all respects with the content standards set out in paragraph 2 of our acceptable use policy.
Intellectual Property Rights in our site and your listing
We retain all intellectual property rights in our site and in any trade mark owned by us and nothing in these terms and conditions shall be taken to grant any rights to you in respect of such intellectual property rights.
Title to and ownership of all intellectual property rights embodied by or otherwise incorporated into the listing shall remain with you and except as specified in your licence to us (given in the section above) nothing shall be construed to grant to the us any right, title or interest in or to the listing content.
Any and all visitor data (such as name, address and e-mail address) that is collected through any user registration process or otherwise shall be owned by us and shall only be disclosed to you in so far as we are permitted to make such disclosure.
Payment Terms
As per our current promotion, new subscribers may benefit from a 90 day fee free period (such period to be calculated from the later of the date upon which the listing appears on our site and our site is made available to the public). Following the end of the 90 days you will have no obligation to continue advertising with us.
Whether or not such free period is granted by us will be decided by us in our discretion. Subscribers who have already benefited from this fee free period or who appear to be using different identities to obtain additional fee free periods shall not qualify for this promotion.
We reserve the right to withdraw this promotion at any time.
All payments due must be made in advance of the upload of your listing (except where you are benefiting from our 90 day fee free period).
Where you take up our 90 day fee free period and you do not then make payment at the end of such 90 day period for your listing to remain in our Business Directory, we shall remove your listing from our Business Directory.
We shall be entitled to charge interest on any outstanding balance owed to us at the rate of [5]% above the base rate of Barclays Bank Plc from the date that the payment became due for payment until the date it is paid in full (whether before or after Judgment);
Cancellation and Termination
Where we have uploaded your listing to our site, we shall not be bound by any request from you to stop, cancel or suspend a listing unless such request is in writing and confirmed by us.
Notwithstanding any such cancellation, where your listing has already been uploaded, we shall not be obliged to refund any payment made in respect of such listing unless we in our discretion decide to do so.
We shall be entitled (without prejudice to any other remedy available to us) to immediately cancel any contract with you if you;
- being an individual, die or make voluntary arrangement with your creditors or your estate becomes subject to an administration order or you becomes bankrupt;
- being a company, become insolvent, have a receiver appointed to manage your assets or your enter into liquidation or commence to be wound up (other than for the purpose of amalgamation or reconstruction);
- allow an encumbrancer to take possession of any of your property or assets;
- you are unable to pay your debts as they fall due or you cease or threaten to cease to carry on business.
We take our brand image extremely seriously and we reserve the right to terminate any contract with you and remove any listing or listing from our site and/or Business Directory, as appropriate, if your style, approach, reputation, public image and target audience in our opinion results in a materially different association to that intended by us or is to our actual or perceived detriment.