TERMS & CONDITIONS of SALE
of
BUSINESS DIRECTORIES

INTRODUCTION

These terms and conditions will apply to the provision of services by Glue Group and by using their services you shall be deemed to accept that the contract shall be governed by this agreement:-

1. Definitions

"provider":- means Glue Group or such successor or substitute provider of the service as they may authorise.

"service":- means an entry in one or more Business Directory of the provider and any page directly created as part of said service.

"the advertising fee ":- means the appropriate non-refundable sum set out below for the entry and/or sponsorship instructed by you or such substitute amount as the provider may from time to time charge which sums shall be payable for a maximum period of entry in the local Directory of 365 days.

"the renewal fee":- means the appropriate non-refundable sum set out below for the entry instructed by you or such substitute amount as the provider may from time to time charge, which shall be payable by you annually on the anniversary of the date on which your entry or sponsorship was hosted in the local Directory, being the payment for the year following, unless and until this agreement has been terminated as after provided for.

"the duration":- means the period from and including the commencement date of the service until written intimation (including intimation by e-mail) is given by either party on fourteen days notice that they are bringing this agreement to an end.

2. Provider's obligations

The provider will provide the service for the duration.

3. Your obligations

You will

• pay on demand the subscription and the repeat subscription as and when they may become due.

4. Prohibitions

You will not :-

• send or receive any material which is offensive or which the provider believes may be abusive, indecent, obscene or menacing or in breach of confidence, copyright, privacy or any other rights;
• do anything which is contrary to the acceptable use policies of any connected networks and internet standards;
• insert or knowingly or recklessly transmit or distribute a virus;
• attempt to enter into the "admin section" of the site , or "hack" into any aspect of the service, except when you have been given specific password access to your own entry and/or webpage;
• circumvent or seek to circumvent any security safeguard of the provider or any of its suppliers;
• carry out any act which may be likely to cause annoyance to the provider or to any other users of the service or to others;
• use any material, logo, photograph, or name for your entry or page in the Directory or take any other action which would be an infringement upon the intellectual property rights of the provider or others, without obtaining prior permission from the copyright holder;
• carry out any act with the intention or result or affecting the performance of functionality of any computer facilities;
• permit any third party to do any of the above;

5. Content

The entry in the local Directory shall be in accordance with the information provided by you. Web pages shall be assembled using photographs taken by you or where necessary the provider, and text supplied by you. The provider reserves the right to charge for photography. If either text or images (or both) has not been provided by you after a reasonable period into the duration of the agreement has elapsed (usually 30 days), the provider reserves the right to put the entry and/or page live with any elements available. No proof entry shall be supplied for prior approval. If any change is required to the text or photography this will normally be provided for no additional fee. The provider reserves the right to charge an additional fee for any extensive re-designing of the web page instructed by you.

6. No warranty

The provider makes no representation or warranty of any kind with respect to the service supplied to you. In addition neither the provider nor its third party contractors nor any other contributor to the service makes any representation or gives any warranty, condition, undertaking or term either express or implied as to the condition, quality, performance, accuracy, suitability, fitness for purpose, completeness or freedom from viruses of the content or software supplied in connection with the service or that any such content or software will be accurate, up to date, uninterrupted or error free. The provider is not liable to you either in contract, delict or otherwise for the acts or omissions of other services (including domain name registration authorities) or for the faults and failures in their equipment

7. Indemnity

• You acknowledge that you are solely responsible for the use to which you put the service and all information, data and results you obtain from it and that all warranties, conditions, undertakings, representations and terms whether expressed or implied, statutory or otherwise are hereby excluded to the fullest extent permitted by law.
• Save in respect of liability for death or personal injury arising out of negligence the provider and all contributors to the service hereby disclaim and exclude to the fullest extent permitted by law all liability for all loss and damage whatsoever and howsoever incurred, including any consequential, special, secondary or indirect loss or damage or any damage to good will or profits or any loss of anticipated savings incurred by you whether arising in delict contract or otherwise and arising out of or in relation to or in connection with your access to or use of, or inability to use the service or in connection with the service or in connection with any failure of performance error, omission, interruption, defect delay in operation or transmission, computer virus or line or system failure.
• The provider makes no warranty, express or implied as to any goods, services or information received through or advertised on the service, and does not act as agent for any person, company or organisation.
• You undertake to indemnify the provider from and against all losses, liabilities, damages, costs, expenses, actions and claims suffered or incurred by the provider and/or its employees and/or agents arising out of or in connection with any breach by you of these terms and conditions.

10. Variation of content

The provider reserves the right in its absolute discretion at any time and without notice to remove, amend or vary any of the contents supplied in connection with the service.

11. Intellectual Property Rights

Nothing contained in these conditions shall be construed as conferring a licence of the provider or any other parties intellectual property rights. All intellectual property rights in the service apart from (a) individual entries in the directories and (b) maps which may contain Ordinance Survey data and be protected by Crown Copyright are the property of the provider.

12. Termination

The provider may terminate this agreement and the service or suspend or all part of the service by immediate notice if you are in breach of any of the terms of this agreement.

12. Entire Agreement

These terms and conditions and attached schedule set out the whole of our agreement relating to our supply of the service. They cannot be varied except in writing by an authorised representative of the provider. In particular nothing said by any sales person on behalf of the provider should be understood as a variation of these terms and conditions or as an authorised representation about the service or the nature and quality of items displayed thereon. The provider shall have no liability for any such representation being untrue or misleading.

13 Rights to vary these terms

The provider shall have the right to make such reasonable variations to these terms and conditions as they consider are required, said variations to take effect on e-mail or other intimation to you.

14. Interest and Administrative charges

In the event of any sum becoming due and not paid by you within fourteen days of rendering of an account, the provider will be entitled to receive (a) interest at the rate of four per cent each day above the Bank of Scotland rate from time to time in force and (b) to recover all and any charges, costs, outlays and legal fees charged to the provider incurred in the recovery of any sum due by you under this agreement. Stopped or returned cheques will be subject to an administration fee of £20.00 to cover bank charges incurred.

15. Overpayments

Any funds overpaid to Glue Group due to bank or customer error are non-refundable. Any such monies may be discounted from the following year's renewal fee at Glue Group's discretion.

16. Data Protection Act 1988

You have certain rights to see any information which we hold on you by paying a fee. Details on how to do this are available from us or from the Office of the Information Commissioner. If any information held is inaccurate, we will make the appropriate changes and confirm this to you.

17. Governing Law

These terms and conditions shall be governed by and interpreted in accordance Scottish Law and the Courts of Scotland shall have jurisdiction to resolve any disputes between us.

Go Back | Print This Page