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Listing Service Terms & Conditions

These terms and Conditions ("Terms") shall constitute the entire and legally binding agreement between: Prestige Locations Limited (Company Number 4746579) whose registered office is at 40 Clay Lane, Norden, Rochdale, OL11 5RQ. ("we" or "us"); and the person or party who wishes to acquire a Listing, as defined below ("you" or "your").

1. DEFINITIONS

When used in these Terms, the following words and phrases shall have the following meanings:

"Annual Service Fee" means the annual fee, detailed in the Service Summary;

"Browser(s)" means any third party who can access the Website via the internet;

"Contract Period" means a period of six (6) calendar months, commencing on the date the Annual Service Fee is received by us, in full from you;

"Intellectual Property Rights" means any and all rights of copyright (arising under the Copyright Designs and Patents Act of 1988), database rights (arising under the Copyright and Rights in Databases Regulations 1997), design rights, trade marks, trade names, service marks, patents, know-how, rights in respect of breach of confidence or other intellectual property or proprietary rights including the right to sue for past as well as future infringement;

"Login Details" means the login user name and password, which enable you to access the Service;

"Listing" means a listing of the type, format and size described in the Service Summary;

"Service" means the service detailed in the Service Summary, enabling you to add and maintain a Listing;

"Service Summary" means that part of the Website which summarises the Annual Service Fee and Service;

"Website" means the website with the uniform resource locator http://www .[ ];


2. LISTING SERVICE

2.1 In consideration of you paying the Annual Service Fee, we grant to you a non-exclusive right and licence to utilise the Service, subject to the terms and conditions of this Agreement.

2.2 Under no circumstances shall you disclose the Login Details to any party other than an authorised employee. You agree that you shall immediately notify us upon becoming aware of the loss or misuse of the Login Details.


3. RESTRICTIONS ON USE

3.1 When utilising the Service, you shall not:

3.1.1 tamper, interfere with or hinder the technical, managerial or administrative operations of or make unauthorised modifications to the Website;

3.1.2 seek to probe, scan or test the vulnerability of the Website;

3.1.3 breach any security or authentication measures of the Website;

3.1.4 attempt to gain access to or use of any other listing on the Website, belonging to a third party; and

3.1.5 knowingly transmit any virus or other disabling feature to the Website.


4. CONTENTS OF LISTING

4.1 You agree and warrant that the contents of any Listing generated by you:

4.1.1 are not an invasion of any privacy or publicity rights of any person or party;

4.1.2 are not false, misleading or deceptive or contains any misrepresentations;

4.1.3 are not unlawful, threatening, abusive, defamatory, obscene, vulgar, objectionable, pornographic, profane or indecent;

4.1.4 are true and accurate and be kept up to date;

4.1.5 comply with all applicable, regulations, guidelines, rules and relevant industry codes of practice, including without limitation the British Codes of Advertising and Sales Promotion;

4.1.6 do not disclose confidential information of any other person or party without that person's written consent;

4.1.7 do not encourage conduct that would constitute a criminal offence or give rise to civil liability or otherwise violate any applicable law;

4.1.8 do not expose us to liability;

4.1.9 do not interfere with or inhibit other users or listing owners from enjoying or using the Website;

4.1.10 do not violate or infringe upon the intellectual property rights or other proprietary rights of any other person or party; and

4.1.11 offer only products or services that comply with all applicable laws.

4.2 We reserve the right to edit, alter or amend any Listing uploaded by you so as to ensure its complies with the warranties given by you in Clause 4.1 above and are accessible by any Browser.


5. INDEMNITY

5.1 You agree that you shall indemnify and keep us indemnified against all claims, costs, proceedings, demands, losses, expenses or liability whatsoever arising directly or indirectly as a result of:

5.1.1 any breach or non-performance of any of the representations, warranties or other terms contained in these conditions or implied by law; and

5.1.2 any claims brought by any third party against us, as a result of any reliance upon the Listing.


6. LIABILITY

6.1 We shall not be liable to you for any damages whatsoever or howsoever (including without limitation damages for loss of business profits, business interruption, loss of business information or other consequential, indirect, economic or pecuniary loss) arising out of the use or inability to use the Service, even if Prestige Locations have been informed of the possibility of such damages.

6.2 We shall not be held liable for any breach of our obligations resulting from causes beyond our reasonable control.

6.3 We do not exclude or limit liability for death or personal injury.

6.4 The entire risk in respect of the results and performance of the Service is assumed solely by you.


7. INTELLECTUAL PROPERTY RIGHTS

7.1 All Intellectual Property Rights in the Website shall vest in us. By entering into this Agreement, you agree that all Intellectual Property Rights in the Listing shall be assigned to us with full title guarantee.

7.2 We shall have the right to include the Listing within any website operated by us, and to store and utilise the same for any commercial purpose, in perpetuity.

7.3 We shall have the right to disclose details of your Listing to any third party for any commercial purpose without further recourse or financial liability to you.


8. DATA PROTECTION

8.1 Any personal data submitted by you shall be processed by us in accordance with our Data Protection Statement.


9. SUSPENSION

9.1 We shall be entitled to suspend the Listing and your access to the Service without any liability whatsoever, where:

9.1.1 it is reasonably necessary for us to carry out routine upgrade, repair or maintenance works to the Website; or

9.1.2 you:

9.1.2.1 fail to pay the Annual Service Fee in full;

9.1.2.2 breach any term of this Agreement.


10. TERM & TERMINATION

10.1 This Agreement shall continue for the Contract Period.

10.2 Two weeks prior to the expiry of the Contract Period, we may send you a renewal reminder, enquiring if you wish to renew the Contract Period in consideration for payment of a further Annual Service Fee.

10.3 We may terminate this Agreement at any time by written notice to you, if you:

10.3.1 fail to renew this Agreement in accordance with Clause 10.2 above;

10.3.2 commit any material breach of your obligations under this Agreement which (if remediable) are not remedied within seven (7) days after the service of written notice specifying the breach and requiring it to be remedied;

10.3.3 make any voluntary arrangement with your creditors (within the meaning of the Insolvency act 1986) or if a petition is presented for the making of an administration order subject to an administration order;

10.3.4 go into liquidation;

10.3.5 cease to carry on in business.

10.4 Any Annual Service Fee outstanding at the termination of this Agreement shall immediately become payable by you.

10.5 Termination of this Agreement shall entitle us to remove the Listing from the Website and any other websites operated by us.


11. ASSIGNMENT

11.1 You shall have no right to assign, sub-licence or otherwise transfer the benefits of, nor delegate your obligations whether in whole or in part under this Agreement.

11.2 We shall be permitted to assign our rights and obligations under this Agreement, whether in whole or in part, without any consent from you.


12. CONTRACT RIGHTS OF THIRD PARTIES

12.1 A person who is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999, to enforce any of the terms and conditions of this Agreement.


13. NOTICES

13.1 Any notice required or permitted under the terms of this Agreement or required by statute, law or regulation will (unless otherwise provided) be in writing and will be delivered in person, sent by facsimile, registered mail (properly posted and fully prepaid in an envelope properly addressed) or by e-mail.

13.2 Any such notice shall be considered to have been given on the first working day occurring after the day of actual delivery or sending by facsimile or e-mail or in any other event within two (2) working days after it was posted in accordance with this Clause 13.


14. WAIVER

14.1 Failure or neglect by either party to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of such party's rights hereunder nor in any way affect the validity of the whole or any part of this Agreement nor prejudice such party's rights to take subsequent action.


15. ENTIRE AGREEMENT

15.1 The terms and conditions of this Agreement represent the entire agreement between Prestige Locations and you. No amendment to the terms and conditions of this Agreement shall be valid and binding unless in writing and signed by an authorised representative of both parties.


16. FURTHER ASSURANCE

16.1 At any time after the date of this Agreement, either party shall, at the request and cost of the other party, execute or procure the execution of such documents and do or procure the doing of such acts and things as the other party may reasonably require for the purpose of giving to the other party the full benefit of all the provisions of this Agreement.


17. SEVERABILITY

17.1 In the event that any of these terms, conditions or provisions or those of any schedule or attachment hereto will be 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.


18. GOVERNING LAW


18.1 The parties hereby agree that this Agreement and the provisions hereof will be construed in accordance with the Laws of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.

Version 2.0, February 2006.



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