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Conditions of Sale
The "AgriculturalDirectory.co.uk" hereinafter called (AD) is owned, operated and made available by Landowning Initiatives Ltd as the Vehicle of operation. Set out below are the Advertising Products Terms and Conditions for clients of Landowning Initiatives Ltd (hereinafter called LI).
1. Introduction, Incorporation and Interpretation.
1.1 AD in conjunction with the Third part Provider maintains and hosts each Advertising product.
1.2 These terms are incorporated into each agreement entered into between the customer and AD relating to the supply of Advertising products (each a "Contract") whether or not the Customer Order Form or any other document which the customer signs makes reference to these terms.
1.3 In this Contract, the following expressions have the following respective meanings (unless the context otherwise requires);
"Advertising product" " means the product (as described in the Advertising product Listing) actually specified on the Customer Order Form to be supplied by AD;
"Advertising product Content Collection Sheet" means the specification of the Advertising product attached to the Customer Order Form;
"Advertising product Listing" means the description of AD's Advertising products and services as at the date of this Contract to which these terms apply;
"Customer" means the person identified as such on the Customer Order Form;
"Customer Content" means the Customer's content created or supplied by the Customer for publication on the Advertising product;
"Customer Links" means any hyperlinks placed by the Customer in the Customer Content or otherwise on the Advertising product;
"Customer Order Form" means the customer order form which forms part of this Contract;
"Fees"means the set up fees and any service provision fees for the Advertising product as set out on the Customer Order Form;
"Third Party Provider" means the search engine provider on whose search engine the Advertising product will appear.
1.4 References in this Contract to a clause is a reference to a clause of this Contract.
2. Advertising products and Services provided.
2.1 AD shall permit the Customer to post the Customer content on the Advertising product form purchased for the relevant term and subject to the payment of Fees.
2.2 AD shall develop the Advertising product in accordance with the Customer Content. The Customer shall provide the customer Content to AD either at the time of the order or within 2 weeks from the date on the Customer Order Form (unless otherwise agreed in writing) and in such format as AD reasonably requires. If AD received the Customer content after the 2 weeks allowed then AD reserves the right to make an additional charge for the time spent in publishing the customer content in accordance with the current rates of our services plan. If after 2 weeks of placing the order AD has not received any content then AD will complete the Advertising product using basic business details. By submitting advertising for inclusion on any AD site, the Customer agrees to be bound by the terms of the Contract. No conditions other than those set forth herein shall be binding on AD unless: (i) specifically agreed to in writing by AD and (ii) any additional terms and conditions of the Customer are expressly written into the customer order Form signed by the Customer and AD. In the case of any inconsistency between the Customer Order Form and these Advertising Terms and conditions, these Advertising Terms and conditions will prevail
2.3 AD aim to complete your Advertising product within four weeks of receiving your content (where applicable).
2.4 AD can not guarantee timescales of delivery on any performance based Advertising product i.e. impressions, clicks or leads (refer to Advertising product Listing).
2.5 AD agrees to make submissions of the Advertising product to one or more search engines i.e. Third Party Providers as discussed with the Customer and if it does so the Customer agrees that AD has no control over these search engines and as such can not guarantee that the submission will be accepted or at what position the item will appear.
2.6 Except as otherwise expressly provided in the Customer order Form, positioning of Advertising products is at the sole discretion of the Third Party Provider, and the Third Party Provider will not be prohibited from also carrying Advertising products for any product or business competitive to that of the Customer.
2.7 Unless stated on the order form AD does not guarantee any delivery units i.e. impressions, clicks or leads of an Advertising Product (refer to Advertising product Listing).
2.8 AD and the Third Party Provider shall be responsible for the hosting, operation and maintenance of the Advertising product and although it shall use its reasonable endeavours to keep the Advertising product available on the internet, Touch gives no guarantee as to continuing service availability.
2.9 Unless otherwise agreed in writing any property or material supplied by or on behalf of the Customer in order for AD to create the Advertising product will not be returned to the Customer.
2.10 On termination of this Contract (except for termination by AD under clause 4.3) and provided that the Customer has paid all Fees due to AD whether under this Contract or otherwise AD shall, if so requested, transfer to the Customer in electronic format the Customer Content contained on the Advertising product.
2.11 The Customer accepts that AD can not ensure that the Advertising product in all respects is visible in all browsers and versions of these browsers. AD shall use its reasonable endeavours to ensure that the Advertising product is visible in the most commonly used version of Internet Explorer.
2.12 AD reserves the right at anytime without notice to remove any Customer Content or Customer Links from the Advertising product if it reasonably believes the Customer Content (or any website linked to through a Customer Link) would put the Customer in breach of this Contract or otherwise would be detrimental to the interests of AD or the goodwill of AD. Any such action by AD shall be without prejudice to AD's other rights and remedies.
2.13 The customer accepts that any Advertising product purchased is subject to editorial review by AD and any Third Party Provider. AD also reserves the right, without liability, to reject, replace, omit or exclude an order for an Advertising product or to reject, replace or terminate any links for any reason at any time, with or without notice to the Customer, whether or not such Advertising product or link was previously acknowledged, accepted, or published. Notwithstanding this, AD will use reasonable endeavours to fulfil Customer's requests.
2.14 Information concerning the Customer contained on the Advertising product will be derived from information provided by the Customer and it is therefore the customer's responsibility to ensure that the information is accurate by checking the Advertising product. AD shall incur no liability for any errors in that information except those which could not reasonably be checked by the customer and introduced by AD.
3. Payment of the Fees
3.1 The fees set out on the Customer Order From include initial set up fees, the Customer shall pay all the Fees on entering into this Contract annually. Where the Fees set out on the Customer Order Form include those for more than 1 year, the Customer can pay for more than 1 year either by a one off payment of by direct debit unless otherwise specifically agreed by AD.
3.2 AD advertising products set out on the Customer Order Form is a minimum 12-month commitment with automatic annual renewal. The customer has the right to cancel after one year only with no refund of amount paid.
3.3 All payments made shall include value added tax at the prevailing rate.
3.4 AD reserves the right to increase its service provision fees at any time after the first anniversary of the date on the Customer Order Form subject to 21 days written notice to the Customer of such increase.
3.5 The Customer shall pay all amounts due to AD in full without any deduction or withholding, and shall not assert any credit or set-off or counterclaim against AD in order to justify the withholding of the whole or part of any such amount. If any Fees become overdue for payment AD may claim interest (both before and after judgement) at a daily rate of 4% above Barclays Bank base rate until all outstanding Fees are received.
3.6 The Customer shall not be entitled to withhold payment in whole or in part for any bookings of Advertising products accepted by AD by reason of the fact that AD is prevented from publishing (or continuing the publish) such Advertising product in total or in part by any court of competent jurisdiction or does not publish or ceases to publish such advertising production consequences of any actual or threatened legal proceedings or by order or request of any regulatory body or generally recognised industry or internet watchdog organisation or for any other valid reason. The Customer shall immediately on demand reimburse AD with any costs incurred by AD in connection with such legal proceedings.
3.7 The Customer represents and warrants that it contracts with AD as principal, and has the authority to do so, notwithstanding that the Customer may be acting as an advertising agency or media buyer or in some other representative capacity.
4. Term, Renewals and Termination
4.1 This order constitutes a non-cancellable, binding contract with Landowning Initiatives Ltd. No cooling off period applies to this order.
4.2 The term of the Contract will be as set out either on line or by way of letter and Booking Form except as expressly set out in the Booking Form, any renewal of the Advertising product will be at AD's sole discretion. The rates applicable to such renewal period (if any) are subject to change by AD from time to time in its absolute discretion.
4.3 Either AD or the Customer may terminate this Contract with immediate effect by giving notice to the other party if that other part is in breach of any of its obligations under this Contract and, other than when the breach is a failure to pay Fees and where it is capable of remedy, the breach has continued unremedied for a period of seven days after the other party has given notice to the defaulting party specifying the breach and the steps required to remedy it; or
4.4 The termination of this Contract (for any reason) shall; (i) be without prejudice to any other rights or remedies which AD may be entitled to under this Contract or at law; (ii) not affect any accrued rights or liabilities which AD may then have; and (iii) not affect the coming into or continuance in force of any provision of this Contract which is expressly or by implication intended to come into or continue in force after such termination.
4.5 Customers may not cancel a Customer Order Form unless expressly provided for in the customer Order Form in accordance with sub-clauses 2.2 (i) and (ii) of these Terms and conditions.
5. Customer Content
5.1 The Customer shall provide the Customer Content to AD either at the time of the order or within 2 weeks by means of an e'mail to info@agriculturaldirectory.co.uk or such other e'mail address as AD may elect or by post. AD shall use the Customer content to create the Advertising product.
5.2 The Customer represents, warrants and undertakes that the Customer Content is:
(a) legal, proper, decent, honest and accurate and it complies with all relevant codes including, without limitation, the British Code of Advertising Practice and all other codes under the general supervision of the Advertising Standards Authority;
(b) not an advertisement under the Financial Services Act 1986.
5.3 The Customer represents, warrants and undertakes that the Customer Content, and any website linked to by the Customer Links ("Linked Content"):
(a) will not contain obscene or indecent or other unlawful material;
(b) will not contain materials which infringe the copyright, database rights, trademark rights, patent rights, moral rights or any other intellectual property rights of any third party;
(c) will comply with all applicable law;
(d) will not contain any defamatory or untrue material or material which abuses, harasses, threatens or is otherwise offensive to any other person;
(e) will not contain any virus;
(f) will not contain any other material which is likely to harm the reputation of AD or the AD Portal.
5.4 If in AD's reasonable opinion any Customer Content or Linked Content puts (or is likely to put) the Customer in breach of clauses 5.2 or 5.3, then AD may (without prejudice to its other rights and remedies) remove that Customer Content or the relevant Customer Link.
5.5 Any Customer Content which contains content of an unlawful or otherwise unacceptable nature (including but not limited to pornography or depicting violence) will be reported to the appropriate authorities.
6. Limitation of Liability
6.1 Except as expressly provided in this Contract, AD gives no warranty in relation to the provision of services under this Contract and all warranties, express or implied, are excluded.
6.2 Subject to clause 6.4, AD's entire liability to the Customer incurred arising out of or, in connection with this Contract including without limit for breach of contract, misrepresentation (except that fraudulently made) and tort (including negligence) is limited to the amount of the Fees paid by the customer under this Contract in the preceding 12 months.
6.3 Subject to clause 6.4, AD excludes all liability for (a) any loss of profits, business, contracts, revenues, goodwill, production and anticipated savings; or (b) any indirect, consequential, special or economic loss of any kind; arising from any failure to publish in a timely manner or at all any Advertising product in accordance with the Customer Order Form.
6.4 AD does not limit or exclude liability for death or personal injury caused by negligence.
6.5 Notwithstanding the generality of the foregoing, AD expressly excludes liability for any indirect, special or consequential loss or damage which may arise out of or in relation to the Contract between AD and the Customer or for loss of profit, business revenue, goodwill or anticipated savings, even if AD has been advised as to the possibility of such damages.
6.6 In addition, without limiting the foregoing, AD can not be held responsible for any failure or delay resulting from any governmental action, natural disaster, insurrection, power failure, riot, explosion, embargo, strikes whether legal or illegal, labour or material shortage, transportation interruption of any kind, work slowdown or any other condition beyond the control of AD affecting production or delivery in any manner.
6.7 Save as specified in this clause, AD shall not be responsible for any error in the placement, or failure to place, any Advertising product on AD or on a third party provide. If AD fails to publish any Advertising product or deliver the number of impressions or click-throughs as provided in the Customer Order Form or in the event of any other failure, technical or otherwise, of such Advertising product to appear as provided in the Customer Order Form, AD's liability will be limited (at the option of AD) to either: (i) publishing the Advertising product (or a replacement advertisement if provided by the Customer) on positions agreed in the Customer Order Form or as agreed with Customer as soon as is reasonably practicable in the period following the necessary to generate a number of substitute impressions or click-throughs of equivalent monetary value to the shortfall; or (ii) refund to the Customer that proportion of the amounts paid which relate to those Advertising product and / or impressions or click-throughs which were not provided, and if the relevant amounts were not paid by the Customer, agree that such amounts will not be due or payable. AD will only provide a refund to the customer under sub-clause 6.7 (ii) if: (a) the creative materials provided by Customer arrived within the time limits specified in the customer Order Form; (ii) the creative materials performed in accordance with AD's technical specifications; and changes to media schedules were notified within the timeframe set out in the Customer Order Form.
6.8 AD will use reasonable skill and care in performing its duties hereunder but subject thereto:- (i) AD hereby excludes any warranty, express or implied, as to the quality, accuracy, performance or fitness for a particular purpose of AD or of any of its contents: (ii) AD will not be liable for any losses or damages arising (whether in tort (including negligence), contract or otherwise) directly or indirectly as a result of use of AD or in connection with Advertising products on AD including without limitation any technical malfunction, computer error, defect in software, loss of data or other damage or disruption to advertisement; (iii) AD makes no warranty that the contents of AD are free from infection by viruses, worms or Trojans or anything else that has contaminating or destructive properties; and (iv) certain links on AD may lead to resources located on servers maintained by third parties over whom AD has not control and AD accepts no liability arising from access to or use of any material contained on those servers.
6.9 Each of the provisions of this clause 5 are to be construed separately and independently of the other, and if any provision of this clause 6 (or any other clause herein) is found by any court or other judicial body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision will not affect the other provisions of this clause 6 (or any other clause herein) which will remain in full force and effect.
7. Licenses, Customer Representations and Indemnification
7.1 The Customer warrants and represents that the Customer is the owner or is licensed to use the entire contents and subject matter contained in its advertising and information, including, without limitation, (i) the names and / or pictures of persons; (ii) any copyright in the material, trademarks, service marks, logos, and / or depictions of trademarked or service marked goods or services or any other intellectual property rights; and (iii) any testimonials or endorsements contained in any Advertising product submitted to AD. The Customer warrants and represents to AD that the publication of the distributed materials will not infringe any rights of any third part and will not violate any applicable law or regulation.
7.2 In addition, the Customer warrants and represents to AD that
(i) It ahs the right to publish all of the contents of the Advertising product, and can grant to AD such right, and that such publication will not: (a) infringe any rights of any third party including, without limitation, intellectual property rights and rights of privacy; and (b) violate any applicable law or regulation.
(ii) The Advertising product does not contain anything that is defamatory, obscene, false or misleading.
(iii) It has complied with the codes of practice issued by the committee of Advertising practice in the UK and the Advertising Standards Authority for Ireland and all other relevant industry codes of practice.
(iv) The Advertising product submitted pursuant to the customer Order Form either (a) does not constitute a financial promotion within the meaning of the financial Services Act 2000 ("the Act") or other applicable law; or (b) has been approved by an "authorised person" within the meaning of the Act or is otherwise permitted under the Act and the customer has expressly notified AD in writing of this
(v) It does not collect or use personal information through its Advertising product without permission from the user and shall at all times comply with the DATA Protection Act 1998. The Customer may not combine, co-mingle, compare or match any information that they legally collect via its Advertising product with any personal information, click-stream or cookie information that they may have.
7.3 Hereby the customer expressly grants to AD:
(i) a non-exclusive, world-wide right to use, reproduce, publicly display, and distribute the Advertising product in accordance with the Customer Order Form and these Terms and conditions and warrants that the customer has the right to grant such license; (ii) the express right to reproduce thought the world screen shots of the Advertising product supplied to the customer by AD no or in any promotional or advertising material or campaign promoting or advertising AD (but not any promotional or advertising campaign paid for the AD).
7.4 In consideration of AD's acceptance of such Advertising products, the Customer agrees to indemnify and hold AD and AD's employees harmless against any and all claims actual or any kind (including, without limitation, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, breach of any statutory or regulatory duty, false or misleading advertisings or breach of any industry advertising codes or sales practices), damages, liabilities, costs and expenses), including reasonable legal fees and expenses, arising out of or in connection to: (i) any material to which users are able to be linked to through the Advertising product, (ii) AD's performance under the contract, and (iii) the copying, printing, distributing, or publishing of the Advertising product by AD.
8. Copyright and Intellectual Property
8.1 The entire copyright and any other intellectual property rights in the Customer Content throughout the world shall be and shall remain the exclusive property of the Customer.
9. Use of Data
9.1 The customer hereby agrees and acknowledges that AD (or representatives or agents of AD) will collect personal data supplied by the customer, including contact details such as names, addresses, telephone numbers and e'mail addresses, and that AD may use and retain any personal data supplied by and relating to the customer for the purposes set out in this Contract. The Customer agrees that AD may use any Customer address or e'mail address for the purpose of contacting the customer about AD's products and services.
10. Confidentiality
10.1 The provisions of the customer Order Form and all communications passing between the Customer or any of its agents and AD are confidential and must not be disclosed to any third party except: (a) by the Customer to its qualified accountants or legal advisers; (b) by AD to its qualified accountants or legal advisers; or (c) as government authority, court order, regulatory body or stock exchange requirement. In addition, in connection with their discussions, the Customer may have received and my in future receive from AD certain valuable technical and non-technical information and materials relating to AD and its business, which is confidential and proprietary to AD. The Customer agrees to preserve the confidentiality of information belonging AD.
10.2 The Customer and its agents are hereby put on notice the AD and its affiliates are particularly sensitive to public statements about the AD web services, their contractual relationships and product plans, and improper or ill-timed statements are likely to have a detrimental effect on the business of AD and its affiliates and may contravene applicable law. Consequently, the Customer and its agents must not, and must ensure that any person acting on its behalf does not, make any public announcement in respect of the Customer Order Form or the relationship between the parties without prior written consent of AD including without limitation any pre-announcement in respect of the display of advertising on any AD property. For the avoidance of doubt, the foregoing prohibition includes public announcements by any third party acting on behalf of the Customer and any communication that the customer knows will or is likely to be made public. Any breach of this clause 10.2 by the Customer will be deemed to be a breach of confidentiality under this clause 10.
11. General
11.1 AD shall not be liable for any loss, damage or delay howsoever arising accused by events which are not reasonably foreseeable or caused by circumstances outside its reasonable control including without limitation the failure of third parties to provide necessary or desirable services, failure of infrastructure or power suppliers, denial of service or similar attacks or other reasons causing service outages which result in the prevention or delay of its performance under this Contract. AD shall be excused from such performance to extent of such prevention or delay.
11.2 All notices to be given under this Contract shall be in writing and shall be sent by first class post to the address on the Customer order Form. Any notice given under this Contract, which is sent by post in accordance with this clause 10, shall be deemed to have been received two days after posting.
11.3 This Contract constitutes the entire agreement between the Customer and AD in relation to the Advertising product. No addition to or modification of this Contract shall be effective unless it is in writing and signed by a duly authorised representative of both the Customer and AD.
11.4 Nothing in this Contract shall create, or be deemed to create, a partnership or joint venture between the Customer and AD or the relationship of principal and agent between the Customer and AD.
11.5 No delay or failure on the part of either party to exercise or to enforce any right given to it by this Contract or at law, or any custom or practice of the Customer and / or AD at variance with the terms of this Contract shall constitute a waiver of either the Customer's or AD's respective rights under this Contract or operate so as to prevent the exercise or enforcement of any such right at any time.
11.6 If any provision of this Contract is held to be invalid or unenforceable, in whole or in part, that provision or part shall to that extent be deemed not to form part of this Contract. However, the validity and enforceability of the remainder of this Contract shall not be affected.
11.7 The Customer may not assign the whole or any part of its rights or obligations under this Contract without the prior written consent of AD. AD may assign or subcontract the whole or any part of its rights or obligations under this contract without restrictions.
11.8 No person has any rights under this Contract save as may be set out in it and the parties agree that the contracts (Right of Third Parties) Act 1999 is excluded.
11.9 This Contract shall be governed by and construed in accordance with English law and the Customer and AD submit to the non-exclusive jurisdiction of the English courts.
11.10 The placing of a Customer Order Form for the insertion of an Advertising product shall amount to an acceptance of these Terms and Conditions and subject to sub-clause 2.2 (i) and (ii) of these Terms and Conditions any conditions stipulated on a Customer order Form or elsewhere by an agency or a Customer shall be void in so far as they are in conflict with them.
11.11 The parties and their respective personnel are and shall be independent contractors and neither party by virtue of this Contract shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
11.12 No waiver of any provision hereof or of any right or remedy hereunder shall be effective unless in writing and signed by the party against whom such waiver is sought to be enforced. No delay in exercising, no course of dealing with respect to, or no partial exercise of any right or remedy hereunder shall constitute a waiver of any other right or remedy, or future exercise thereof.
The Direct Debit Guarantee
- This Guarantee is offered by all Bank and Building Societies that take part in the Direct Debit Scheme. The efficiency and security of the scheme is monitored and protected by your own Bank or Building Society.
- If the amounts to be paid or the payment dates change, AD will notify you at least 14 days in advance of your account being debited or as otherwise agreed.
- If an error is made by AD or your Bank or Building Society, you are guaranteed a full and immediate refund from your branch of the amount paid.
You can cancel a Direct Debit at any time by writing to your Bank or Building Society. Please also send a copy of your letter to AD.
Conditions of use
The "AgriculturalDirectory.co.uk" (hereinafter called "AD") is owned, operated and made available by Landowning Initiatives Ltd ("LI").
1. Application of these conditions of use
By accessing or using any part of AD you agree to be bound by the following conditions of use. If you do not wish to be bound by these conditions, you may not access or use AD.
The Agricultural Directory may change these conditions at any time without any notice to you. By your continued access and use of AD you agree to be bound by the most current version of the conditions of use. Please check these conditions periodically for any changes that have been made.
2. Copyright and database right
Except where otherwise noted, LI owns legally and beneficially all the intellectual property rights in the content of all the AD web pages (including the design, text, graphics and arrangement thereof) and in the software used therein. Such intellectual property rights include, without limitation, copyrights and database rights in the information displayed as AD Search results which are extracted from a compilation owned by LI © LI Ltd 2005.
AD may contain mapping data. Maps are licensed by MultiMap.com. The map image may contain Ordnance Survey data and if so is protected by Crown copyright. Unauthorised reproduction may lead to prosecution and/or civil proceedings. You are authorised to make one screen dump of the map image on the page for personal use. You must obtain prior written permission from Ordnance Survey for all other uses and/or copies made.
3. Trademarks
"AD" and "LI" are service marks of LI. The compass is the Trade mark of LI. All other trademarks, product names and company names or logos cited anywhere on AD are the property of their respective owners.
4. Permitted uses
Save as provided below, no materials from AD may be copied, downloaded, reproduced, broadcast, shown or played in public, republished, uploaded, posted, stored, transmitted or distributed in any way or adapted or changed in any way.
LI takes active measures to ensure that no unauthorised use or breach of its intellectual property rights is committed.
Subject to applicable third party content providers' licences, you are allowed to access the AD database, to make a copy of the results of any searches made in that database, and to use those results PROVIDED that none of such access, copying and use falls into, is preparatory to or enables any of the categories of prohibited conduct referred to below, and provided that none of such access, copying and use is for the purpose of and in the course of any business. For the avoidance of doubt, and without prejudice to the below mentioned prohibited conduct, such access, copying and use is permitted even for a business if such conduct is merely incidental to the business.
For the avoidance of doubt and without limitation, you are expressly prohibited from:
i. modifying the data or other material from AD ("the Data") or merging the Data with any other data;
ii. selling or trading in materials copied from the Data;
iii. using or redistributing the Data for the purposes of compiling databases, lists or directories, other than as and to the extent necessary to use the Data for a use not prohibited by this paragraph 4;
iv. providing commercial information, redistributing or reproduction of the same by the press or media or through any commercial network, cable or satellite system;
v. issuing questionnaires, reply cards or similar for the purpose of data capture or verification;
vi. permitting or allowing the Data to infringe or otherwise prejudice our proprietary rights;
vii. using the Data:
- For any unlawful purpose or purpose that is likely to bring any part of LI into disrepute or to cause any part of LI embarrassment;
- To send any message or communication which is offensive, abusive, indecent, obscene or menacing;
- In any way that would be reasonably expected to cause annoyance, inconvenience or needless anxiety;
- As source targeting material or contact data for any kind of telemarketing, direct marketing, viral or other electronic marketing activity on your own behalf or on behalf or for the benefit of another party.
5. No licence
Except as expressly provided, nothing contained in these conditions or anywhere on AD shall be construed as conferring any licence under any of LIs or any third party's intellectual property rights.
6. Disclaimer of representations and warranties
AD is provided by LI on an "as is" and "as and when available" basis to users. You use AD at your own risk.
LI and its associated content provider organisations make considerable efforts to make information made available via AD as accurate as possible but no warranty or fitness is implied.
Neither LI nor any of its officers, directors, shareholders, employees, affiliates, agents, third party content providers, sponsors, licensers, or the like, makes any representation or warranty or condition, either express or implied, to you:
- that AD will be uninterrupted or error-free;
- that AD or the computer server from which AD is made available, are free of viruses or other harmful components;
- to the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any information, advice, content, service, search results, products or merchandise provided through AD.
LI makes and you receive, no representations, warranties or conditions, express or implied, statutory or otherwise with respect to:
- AD, its content, merchandise, services, documents, information, items or materials provided by LI in connection with the use of AD; or
- any goods or services or information received through or advertised on AD or received through links provided on AD.
- including without limitation no representations, warranties or conditions of merchantability, suitability, fitness for a particular purpose, non-infringement of proprietary rights or otherwise.
No oral advice or written information given by LI or its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, will create a representation, a warranty or condition nor should you rely on any such information or advice.
In jurisdictions that do not allow the exclusion or disclaimer of certain warranties, the above exclusion may not apply to you.
7. Provision of advice
LI is not an agent for and does not vouch for those persons, companies and other organisations whose goods or services may be displayed or referred to in AD, nor for the availability, suitability or prices of such goods and services nor for the legal entitlement, competences, professional qualifications, trade certifications, or memberships of trade associations of such persons, companies or other organisations.
LI advises users to satisfy themselves as to the exact type and nature of goods or services being offered or qualifications held by those persons, companies and other organisations whose goods or services may be displayed or referred to in AD.
AD may make available certain information provided by third parties. LI recommends that before you use any such information with respect to any issues or questions that you may have relating to medicine, law, accounting or any other profession you seek advice from a qualified professional.
AD may make available certain financial information provided by third parties, including information regarding industries, companies, stocks, investments and securities. Such investment information is for information purposes only and you should not construe it as investment advice or use it for trading or investing purposes. Financial investments bear varying degrees of risk. LI strongly discourages you from making any investment decision based upon information that you cannot confirm and strongly recommends that you seek advice from a qualified financial advisor before you make any financial investment.
8. Limitation of liability
Neither LI nor its associated content provider organisations seek to limit or exclude liability for death or personal injury arising from their negligence.
Under no circumstances will LI or any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensers, or any other party involved in the creation, production, maintenance or distribution of AD be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to loss of profits, business, anticipated savings, goodwill, use of data or other intangible losses) that result from either:
- the use and reliance on AD; or
- the inability to use AD; or
- mistakes, omissions, interruptions, suspension, termination, deletion of files or e-mail, errors, defects, viruses, delays in operation, transmission or service response time, or any failure of performance with respect to AD including without limitation those arising from acts of God, communications failure, theft, destruction or unauthorised access to LI's records, programs or services; or
- merchandise, products or services received through or advertised on AD and merchandise, products or services received through or advertised on any links provided on AD; or
- information or advice received through or advertised on AD and information or advice received through or advertised on any links provided on AD; or
- any information, data, text, messages and other materials that you email, post, upload, reproduce, transmit or is otherwise distributed using AD.
LI is unable to ensure or guarantee the security of any information transmitted over the Internet. Any information or data which you transmit to or by using LI is done at your own risk and LIshall not be responsible or liable for any damages or injury that may result from transmitting such information.
If any jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
9. Miscellaneous
These conditions and any and all documents specifically referenced herein constitute the entire agreement between you and LI with respect to the subject matter hereof. If any provision contained in these conditions is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these conditions and the remaining provisions shall continue in full force and effect.
10. Jurisdiction and governing law
These conditions shall be governed by and construed in accordance with the laws of England. LI controls AD from within the country of England. It can, however, be accessed from other places around the world. Although these places may have different laws from those of England, by accessing AD you agree that the laws of England, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of AD. You and LI also agree to submit to the non-exclusive jurisdiction of the English courts, with respect to such matters. Users of AD accessing it from places outside of England acknowledge that they do so voluntarily and are responsible for complying with local laws.
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