This policy sets out the terms and conditions between users and advertisers on our website www.liverylist.co.uk (our site). These terms and Conditions apply to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the conditions herewith, which supplement our Acceptable Use Policy .
1. Contents are only for general information.
2. The LiveryList web site is updated regularly. However, we hereby exclude any warranties as to the quality, accuracy, completeness, performance, fitness for a particular purpose of the Site or any of its contents.
3. LiveryList and its owners will not be liable for any damages without limitation, damages for any consequential loss or loss of business opportunities or loss of profits, however arising from the use of or inability to use the LiveryList Site, or any of its contents, or from any action or omission taken as a result of using the Site or any of its contents.
4. This Site contains material in the form of adverts submitted by third party advertisers and we accept no responsibility for the content or accuracy of such adverts nor do we make any guarantee of the contents of this Site in respect of the existence or availability of anything advertised whatsoever. All adverts and submissions are the responsibility of the appointed person in charge of that listing on behalf of the business in question.
5. Listings should not be submitted to LiveryList unless by an authorised proprietor, manager or agent of the relevant business. In addition, all persons submitting adverts must be over the age of 18 years. In some occasions we may contact the person who has submitted a listing to verify their position within the business. Any listings deemed non genuine will be removed and the person who has submitted the advert notified accordingly. LiveryList cannot and does not confirm the purported identity of users or the validity of the information which users post to our website
6. We make no warranty that the contents of the Site are free from infection or viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.
7. Where part of the Site contains advertising and other material submitted to us by third parties please note that those advertisers are responsible for ensuring that material submitted for inclusion on the Site complies with all legal requirements. Although acceptance of advertisements on the Site is subject to our discretion, we do not accept liability in respect of any advertisements.
8. All liability is excluded to the extent permitted by law including any implied terms.
SUBMISSION OF YOUR INFORMATION
9. If you register for a User ID to enable you to amend or change your advert you are responsible for all actions taken under that User ID. It is your responsibility to keep your User ID safe. You have no right to disclose or transfer your User ID to any other person.
10. “Your Information” is defined as any information you provide to us or other users in relation to the LiveryList service (including, without limitation, any description of items listed). You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
11. Your Information and your activities on the www.liverylist.co.uk web site must not:
-1. a. be false, inaccurate or misleading;
-2. be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
-3. infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
-4. be fraudulent or involve the sale of counterfeit or stolen items;
-5. be in breach of any applicable laws or regulations
-6. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
-7. link directly or indirectly to or include descriptions of goods or services that: (a) are prohibited under this Agreement; (b) are considered as indirect or direct competition to LiveryList’s business or (c) you do not have a right to link to or include;
-8. contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
-9. cause our website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of our website is in any way impaired.
12. Without limiting our other remedies, we may immediately issue a warning, suspend or terminate your use of LiveryList and refuse to provide our services to you without notice to you if you breach this Agreement or the documents incorporated by reference or if we are unable to verify or authenticate any information you provide to us or if we believe that your actions may cause legal liability for you, our users or us.
13. Please note that Your Information will be stored and processed on our computers in the UK. LiveryList will hold and transmit your Information in a safe, confidential and secure environment. LiveryList will never sell or rent your personal information to third parties except those described in this agreement.
14. ALL photographs used on the web site MUST have the prior consent of the photographer. The advertiser is responsible for gaining any photographers approval prior to submitting photographs to LiveryList to use on the web site. LiveryList cannot be held responsible for any issues arising due to copyright protection on photographs.
WEB SITE LINKS
15. LiveryList accepts links to third part web sites and social media sites. The advertiser is responsible for ensuring the web link directs to suitable and relevant materials, all other web links will be removed.
16. The web site address stated in the advert must be the web site address that the link points to, redirection of web site links to a different web site will not be accepted.
17. Where for social media links, it is advised only to link to business pages or accounts, rather than personal accounts or groups.
18. You should note that certain links on the Site lead to information and sites located on servers maintained by third parties over whom we have no control and accordingly we accept no responsibility or liability for any of the material contained on those servers.
19. In the event of any suspicious or unsuitable links to being reported, LiveryList reserves the right to remove all direct links from the users listing for their duration. If a user persists they may risk total removal of their listing with no reimbursement for lost advertising.
20. Listings subscribed and submitted as ‘Featured’ get additional benefits and are therefore charged at a higher annual rate as advertised. Featured listings also retain a higher presence on the LiveryList website compared to standard listings. LiveryList reserves the right to offer unlimited Featured level listings within the site. However, as an ideal we will endeavour that no more than 25% of listings shall be of a Featured level although this cannot be guaranteed due to the nature and process of automatic renewals.
REFUSAL OF ADVERTS
20. LiveryList accepts adverts at its own discretion. LiveryList has a right to reject any adverts if feels does not comply with the terms and conditions of advertising, is not deemed relevant to the target user of the site or has not been submitted by an authorised person. LiveryList does not have to justify its reasoning for the rejection of any adverts.
21. If an advertiser is stopped from advertising on the web site for whatever reason (which LiveryList does not have to justify), they will receive notification of this by email and a refund where applicable for the remainder of their listing.
22. If an advertiser does not comply with LiveryList’s Terms and Conditions of Advertising, LiveryList will withdraw any advertisers advert from the web site without warning and no refund will be made.
PAYMENTS & RENEWALS
23. You acknowledge that we will commence supplying our services to you as soon as you have pressed the “Submit” button and therefore sent the advert to us, and you recognise that you have agreed to advertise your services or business and pay the relevant charge for advertising. No adverts will appear live on the site until full payment is received.
24. To provide a continuous service to advertisers and users of the site, LiveryList automatically renews all paid subscriptions upon expiration using the PayPal account provided upon initial payment. You will be notified of expiration dates, and of automatic renewals, when the advert is renewed. Such renewals are generally for the same duration as the original subscription term (for example, a 6-month subscription will renew on a 6-monthly basis, a 12-month subscription will renew on a 12-monthly basis, and so on) and at the same advertising level (i.e if the original subscription was for a featured yard, the renewal would remain at the same advertising tier). In addition, if you used an introductory offer code for your first payment and received a reduced charge, any renewals will then revert to the standard advertising charge at the time of original submission. By having a subscription you will only ever pay a maximum of the full standard listing rate at your time of submission, and would not be subject to any following price rises for the applicable listing. By using the Site, you acknowledge that Your Account will be subject to the above-described automatic renewals. In all cases, if you do not wish Your Account to renew automatically, please follow the directions set out under “Cancellations & Refunds.”
CANCELLATIONS & REFUNDS
25. When your advert is first listed on LiveryList, you will receive an e-mail payment confirmation from PayPal, and confirmation from PayPal that you have subscribed for payments to LiveryList allowing the listing to auto-renew upon expiry subjects to funds being in the account at the time of renewal. Should the listing automatically renew, you will again be notified by PayPal and receive a payment confirmation for each subscription payment. Following an automatic renewal, you may request to cancel your listing at any time within 15 days after automatic renewal, and a refund will be processed. Thereafter, you may cancel Your Account at any time, and you will not be charged further; however, you will not receive a refund when you cancel. In order to cancel any future automatic payments, this process must be carried out by the user as the renewal agreement is made between user and PayPal upon the initial payment and any such cancellation or refund requests must be sent directly to email@example.com. By logging in to your LiveryList account and deleting your advert you will remove it from the system but this will not cancel the renewal payment process. To cancel you subscription, you need to log in to your PayPal account, go to ‘Subscriptions’ and terminate the payment set up for LiveryList/ ONLINEDIREC (depending upon when the initial listing was submitted). Subscription payments will also be automatically cancelled if the subsequent payment is ‘skipped’ on more than one occasion due to lack of funds or closure of the PayPal account.
26. If on submission and payment of an advert to LiveryList the advertiser realises this is a duplicate of an existing listing, the advertiser must contact LiveryList by email requesting that the advert is not processed. A full refund will then be made. If you are the new proprietor of a historical or outdated advert on the site, please contact firstname.lastname@example.org so we can verify with the listing owner and arrange for the old listing to be removed as necessary.
27. For any queries with regards to payments or subscriptions, you can contact LiveryList directly by email email@example.com.
EMAILS SENT FROM ADVERTS ON THE WEB SITE
28. A response to emails sent from adverts on the web site are solely the responsibility of the advertiser. LiveryList takes no part in the communication of advertiser and client other than the provision of information contained within the listings.
29. LiveryList will not tolerate ‘spam’ or canvassing emails. Advertisers are requested to report any suspicious communications via their listing to LiveryList and any companies or individuals considered guilty of sending unsolicited emails will be contacted accordingly. This includes any person associated with, in connection with, or promoting any business competitive to LiveryList which may offer similar online adverts to third parties. Emails sent through the web site in response to advertisers that state any of the above or has any references to web sites will also be automatically rejected.
30. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our website may be interfered with by numerous factors outside of our control. Our website and our services are provided “as is” and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.
31. We will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this Agreement. We also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
32. In line with the EU General Data Protection Regulation (GDPR) all of our data is stored securely and we are registered with the ICO (Information Commissioners Office). We do not share or sell your data to third parties. Any data is used only for the purposes of maintaining the LiveryList database. Our Data Policy is transparent and you understand that by adding your business to LiveryList, submitting your contacts details and accepting these terms and conditions, you are consenting to these details being shared with our users (as submitted by you on your listing) for the purposes of them contacting you with regards to your services, and your data shall be stored in our secure database as per the Data Policy terms. You also consent, as an advertiser, to LiveryList contacting you directly with relevant content in relation to your listing, or other services offered by the website.
33. This Agreement shall be governed by and construed in accordance with English law and subject to the non-exclusive jurisdiction of the English courts. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
If you have any questions with regard to any items details above or have a query about a listing on the site and how this may be affected by the above terms, please contact firstname.lastname@example.org