TERMS & CONDITIONS FOR ADVERTISERS
ON www.pramsforsale.co.uk
Orders for the placement of advertisements on the
website www.pramsforsale.co.uk are accepted subject to the following conditions.
1.Definitions
In these conditions:
"We" or "Us" means pramsforsale.co.uk
and our successors or assigns;
"You" means the person, firm or company placing an advertisement (or
if more than one person is placing an advertisement all such persons jointly
and severally);
"Advert" means any material received
by us from you for placement on the Website; and
"the Website" means www.pramsforsale.co.uk
.
2.Content of Adverts
2.1 All Adverts must be legal, decent, honest and
truthful, and comply with the British Code of Advertising Practice (in force
from time to time), all other relevant advertising (or other) legislation.
2.2 You confirm that you have all relevant consents
licences and approvals to publish the Advert and that such publication shall
not breach of any third party intellectual property or other rights.
2.3 You confirm that you have the right to sell
the goods and that they comply with UK & European Legislation where appropriate
and in particular that they are EC marked where necessary.
2.4 We will cooperate with any authorised legal
or regulatory body in its investigation of any activity which is in breach of
this Clause 2.
3. Editorial Rights
3.1 By submitting an Advert to us, you assign all
copyright in the advert to us and agree to waive all moral rights in relation
to the Advert. We have absolute discretion: to publish or not publish the Advert
on the Website; to amend or edit the Advert prior to publication; and to remove
the Advert from the Website.
3.2 The publication of an Advert shall give you
no right to any intellectual property owned by us contained therein and you
shall not edit or attempt to edit any Advert after publication without our consent.
We are introducing a system to allow for private people advertisers to edit
their adverts and we want to encourage this to stop unecessary deleting and
renewing of ads.
4. Liability
4.1 Although every care is taken in the preparation
of the Website, you acknowledge that it is not technically possible to run the
Website free of all faults, and we give no warranties as to the continued operation
of the Website. Without limitation to the foregoing, we accept no liability:
for any Adverts not received by us or received in a corrupted form; for any
time the Website is not operational due to faults or maintenance; for Adverts
on the Website becoming out-of-date, containing typographical errors, or otherwise
being factually inaccurate; or for any matters arising from circumstances beyond
our reasonable control (including but not limited to power cuts, acts of God,
civil disturbance, terrorism, or government or parliamentary restrictions or
prohibitions). We shall not be liable in contract, in tort or otherwise for
any loss of profits, business, revenue, opportunity, goodwill or anticipated
savings nor for any indirect, consequential or economic loss whatsoever arising
in connection with these conditions.
4.2 All warranties, conditions and other terms
implied by statute or common law are, to the fullest extent permitted by law
excluded, save that nothing in these conditions excludes or limits liability
for our fraud or death or personal injury caused by our negligence.
4.3 If notwithstanding the provisions of these
conditions purporting to exclude or limit our liability we are found liable
to you then our total liability to you in contract, tort or otherwise in arising
in connection with these conditions shall be limited to the total of such fees
paid or payable by you to us under these conditions.
5. Indemnity
5.1 You agree that you are responsible for all
complaints, legal actions or threatened legal actions relating to an Advert
and agree to keep us indemnified from all costs, damages and other losses howsoever
arising from the publication of any Advert on the Website (excluding those losses
arising exclusively from editorial changes made by us on your Advert) including
without limitation any costs incurred by us in enforcing our rights under these
conditions.
5.2 You agree to further indemnify us against any
losses we suffer as a result of your sending us material containing viruses
or other files which cause damage or corruption to the Website or to our IT
systems.
6. General
6.1 These conditions shall be interpreted, construed
and enforced in all respects in accordance with English law and you and we each
irrevocably agree to submit to the exclusive jurisdiction of the English Courts
in respect of any dispute or claim arising out of or in connection with these
conditions.
6.2 If any provision of these conditions is unlawful,
void or unenforceable then that provision shall be deemed deleted and its deletion
shall not affect the validity and enforceability of the remaining provisions.
6.3 No failure by us to exercise any of our rights
under these conditions shall operate as a waiver of our rights.
6.4 The contract formed on these conditions between
you and us is for the sole benefit of you and us and is not intended to confer
any benefit upon any third party whether under the Contract (Rights of Third
Parties) Act 1999 or otherwise and no third party shall have any right to enforce
it.
6.5 Your rights under these conditions are personal
to you and us and you shall not assign or transfer them. We shall be able to
assign or transfer our rights under these conditions at will.
