Introduction

These terms and conditions together with the Privacy Policy (‘Conditions’) apply to your use, as a participating business, of the domain www.discoverpoundbury.co.uk and its sub-domains (‘Website’), through which your business’s profile listing (‘Listing’) is available to view by potential customers, and any correspondence by e-mail between us and you. Please read the Conditions carefully. You will be deemed to have accepted the Conditions in full by accessing any part of the Website business’s.

We reserve the right to change these Conditions at any time. Amendments will take effect when posted on the Website. By continuing to list your Listing on the Website you will be deemed to have accepted the Conditions as amended. No transactional services are currently available on the Website. However, when such services become available revised terms and conditions will be issued.

We will not recognise any terms and conditions you may seek to rely on that differ from the Conditions unless we have expressly agreed the same in writing.

In the Conditions references to “we”, “us” or “our” are references to StoneCoast Creative Ltd and references to “you” are to Website users. We are a Company registered in England and Wales with Company Number 09489840. Our registered office is at: c/o Mey House, Bridport Road, Poundbury, Dorchester, Dorset, DT1 3QY.

Our role

We will take every effort to ensure that all information published on the Website is accurate. However, we make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published on the Website From time to time the Website may contain technical inaccuracies or typographical errors. We will use reasonable endeavours to correct any errors on the Website that we become aware of as soon as reasonably practicable.

We exclude all liability howsoever arising for any such inaccuracies or errors to the fullest extent permitted by law.

Your acceptance of these Conditions also acts as a general release of our and our group companies (and all of their officers, directors, agents and employees) from any liability for any claims, loss or damages (both direct and indirect, including loss of profits, goodwill and business opportunity) arising out of or in any way connected to your use of the Website.

Notwithstanding the foregoing, nothing in these Conditions is intended to limit any rights you might have under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

Registration and participation

Personal details you provide to us and certain other information is subject to our Privacy Policy.

You agree to provide true, accurate, current and complete information about yourself and your business. You also agree to inform us promptly of any material changes in your information as soon as is reasonably possible to allow us to update your information. If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration.

Your Listing

You grant to us the right to take, use and store digital images of your business premises, business/trading name and any related business design or logo (‘Images’).

Our right to use the Images is strictly limited to their use:

  • On the Website; and
  • In marketing materials related to the promotion of the Website whether in hard copy or electronic media formats. In either case, we shall use the Images only for as long as you have a Listing. If we wish to use the Images after the end of your Listing we will seek your permission to do so.

It is your responsibility to check the Images used on the Website. If you inform us of any reasonable objection you have with regards any Image we shall seek to resolve any such objection as soon as reasonably practicable.

Security

You are solely responsible for keeping the password associated with your listing secret. You will be liable for all activities that are undertaken using your password. You must immediately notify us of any unauthorised use of your password or any other breach of security regarding the Website that you become aware of.

Use of Website

The Website is only intended for the use of adults (that is, those aged over 18) who are resident in the United Kingdom. All contracts and communications will be conducted in the English language only. You must not use the Website for any immoral or illegal purpose. We reserve the right to restrict access to areas of the Website or indeed the whole of the Website at our discretion.

No part of the Website may be downloaded, reproduced or stored for commercial purposes including in any other website or in any public or private electronic retrieval system or service without our prior written permission.

Posts and Transmissions

You understand that all data, text, software, music, sound, photographs, graphics, video, messages or other materials (‘Content’), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom the Content originated. This means that you are entirely responsible for all Content that you upload, post or email via the Website.

You must not post or transmit to or from the Website any Content which:

  • is unlawful, harmful, false, misleading, fraudulent, threatening, discriminatory, offensive, abusive, inflammatory, harassing, tortious, defamatory, vulgar, obscene, indecent, libellous, invasive of another’s privacy, in breach of confidence, hateful or racially, ethnically or otherwise objectionable;
  • may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party or for which you have not obtained all necessary licences and/or approvals;
  • is unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’ or any other form of solicitation;
  • impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world;
  • is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or
  • is private information or data which could identify any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, social security numbers and credit card numbers.

We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any Content in breach of these Conditions.

We reserve the right to remove, move or modify without notice any Content at our sole discretion. If you believe that any Content on the Website is offensive, illegal, in breach of; the Conditions, your, our or any third party rights, please contact us at customerservices@www.discoverpoundbury.co.uk

Avaliability of Website

Whilst we will use our reasonable endeavours to the Website available, we cannot guarantee that it will operate continuously or without interruption

Information you provide

You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence (including the right to sub-license) to use, produce, modify, adapt, publish, translate, create derivative works from, distribute, perform or display any Content (in whole or part) you provide or email to us, the Website or other Website users and we may incorporate such Content in other works in any form, media or technology now known or developed.

Intellectual property

You acquire no rights or licences in respect of the Website or any of its Content, other than the limited right to use the Website in accordance with these Conditions.

Any use of extracts of the Website or the intellectual property contained within it other than in accordance with these Conditions is prohibited.

Linking

Links to third party websites on the Website are provided solely for your convenience and enjoyment. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control them and so are not responsible for these websites or their Content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:

  • you do not remove, distort or otherwise alter the size or appearance of our logo;
  • you do not create a frame or any other browser or border environment around the Website;
  • you do not in any way imply that we are endorsing any products or services other than our own;
  • you do not misrepresent your relationship with us nor present any other false information about us;
  • you do not otherwise use any of our trade marks displayed on the Website without our express written permission;
  • you do not link from a website that is not owned by you; and
  • your website does not contain Content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

We expressly reserve the right to revoke the right granted above. You shall fully indemnify us for any loss or damage suffered by us for breach of the above.

Lliability for Website and Linking

We endeavour to provide accurate information at all times however the material on the Website may be out of date and we make no commitment to up date it. We may make changes to the material on the Website or to the products, services and prices described in it at any time without notice.

We, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with:

  • the inability to use the Website or any use of the Website in breach of the Conditions;
  • the inaccuracy of information or change of information on the Website;
  • any websites linked to the Website or the material on such websites;
  • your downloading of any Content from the Website or any websites linked to the Website; or
  • viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website.

Nothing in the above paragraph shall exclude or limit our liability for:

  • death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
  • fraud; or
  • misrepresentation as to a fundamental matter; or
  • any liability which cannot be excluded or limited under applicable law.

If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

Events beyond our control

We will not be in breach of these Conditions or otherwise liable for any delay in performance to the extent that any delay or failure is due to circumstances beyond our reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

Complaints and Enquiries

If you have any complaints or enquiries concerning the Website, please contact us customerservices@www.discoverpoundbury.co.uk

Sanctions / Disqualification

Any breach by you of these Conditions may result in you being banned from using the Website and/or to criminal or civil legal proceedings being taken.

On occasions, Website users may be issued with warnings, have their registration or access to the Website temporarily suspended indefinitely suspended or terminated. In addition we may at any time move, modify or remove any Content posted or transmitted to the Website. Such actions may be taken at our sole discretion but without prejudice to the generality of the forgoing may be used if users act inconsistently or in breach of these Conditions, violate or attempt to violate any rights of any other user or a third party, are engaged in any fraudulent activity, or fail to make any payments due.

If you witness any breaches of the Conditions please notify customerservices@www.discoverpoundbury.co.uk immediately.

Notices

Except as otherwise stated, any notices you wish to send to us should be emailed to customerservices@discoverpounbury.co.uk.

Any notices that we may wish to draw to your attention will be displayed on the Website or emailed to you at the email address you have registered with us.

Emails shall be deemed to be received 1 hour after they are sent and postal letters sent first class or registered mail shall be deemed received 48 hours after posting. If the time of deemed receipt is not within business hours (meaning 9.00 am to 5.30 pm Monday to Friday on a day that is not a public holiday in the place of receipt), deemed receipt shall instead be when business next starts in the place of deemed receipt.

Any notices posted on the Website will be deemed delivered once they are available to view on the Website.

Invalidity

If any part of these Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

Partnership / Agency

You agree that no joint venture, agency, partnership, or employment relationship exists between you and us as a result of these Conditions or use of the Website.

Compliance with laws

You agree to comply with all applicable laws, statutes and regulations concerning your use of the Website.

Applicable law

These Conditions (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.

Entire agreement

These Conditions together with any item or document referred to within them set out the whole of our agreement relating to your use of the Website.