elocal

Local Business Directory for Essex

Terms & Conditions

Acceptance of Terms

For the purpose of these conditions we refer to www.elocal.co.uk (also known as ‘elocal’, ‘elocal.co.uk’ or the ‘service’) and its database collectively known as the ‘website’, ‘we’ or ‘us’. The ‘subscriber’ means the person, company or other body with a subscription for placing a business listing or other advertisement on the website. The ‘advertising content’ means a business listing or other advertisement consisting of digital content such as images, logos, text or videos, supplied by the subscriber or created by us for the subscriber. The service is provided to you, subject to the following conditions which may be updated from time to time with notice provided, where possible. You are advised to check back regularly, as our terms and conditions of service may change. By using the website either as a registered user, guest or viewer, you automatically confirm that you accept these terms and conditions. If you do not agree to these conditions, please do not use or log on to the website at any time. We process information about you in line with our Privacy Policy. By using the website, you agree to the methods in which we process your personal information.

Access to the Website

We reserve the right to withdraw or amend the service we provide on the website without notice. We will not be liable if, for any reason, the website is unavailable at any time or for any period. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

Using the Website

You are responsible for making all arrangements necessary for you to have access to the website. You are also responsible for ensuring that all persons who access the website through your internet connection are aware of these terms and that they comply with them. The website should only be used for lawful purposes; therefore, under no circumstances can you use the website for:

  • any unlawful purpose;
  • promoting any illegal activities, inciting violence or to promote sexually explicit material;
  • promoting any form of discrimination;
  • the purpose of harming, threatening, defaming or abusing/harassing any other person in a way that invades someone’s privacy or is (in our reasonable opinion) offensive or unacceptable;
  • to create, check, confirm, update or amend someone else’s databases, records, directories, customer lists, mailing or prospecting lists;
  • to provide any kind of customer lists or commercial information service;
  • as a source of material or contact data for any kind of marketing activity;
  • to tamper with, update or change any part of the website;
    • in a way that affects how it is run;
    • in a way that imposes an unreasonable or disproportionately large burden on the website’s technical systems as determined by us; or
    • using any automated means to monitor or copy the website or its content, or to interfere with or attempt to interfere with how the website works.

Limitation of Liability

You expressly understand and agree that we shall not be liable for any damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from;

  • the use of or the inability to use the service;
  • the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained, messages received, or transactions entered into through or from the service;
  • statements or conduct of any third party on the service; or
  • any other matter relating to the service.

Trademark Information and Intellectual Property Rights

The elocal.co.uk trademarks and service marks and other Conceptia Limited logos and product and service names are trademarks of Conceptia Limited. Without our prior permission, you agree not to display or use Conceptia Limited marks in any manner.

Copyright

We respect the intellectual property of others and we expect our users to do the same. If you believe that your work has been infringed or your intellectual property rights have been otherwise violated, please provide us with the following information: an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright; a description of the infringed copyrighted work; a description of where the infringing material is located on the website; your address, e-mail address, and telephone number; a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf. Notice of claims of copyright infringement should be sent via registered post to;

Conceptia Limited, The Gateway Building, 10 Elmer Approach, Southend-on-Sea, Essex, SS1 1LW.

The Whole Agreement

These conditions make up the whole agreement between you and us in how you use the website. If a court decides that a condition is not valid, the rest of the conditions will still apply.

The Law

The laws of England and Wales apply to your use of the website and these conditions. We control the website from within the United Kingdom. However, you can get access to the website from other places around the world. Although these places may have different laws from the laws of England and Wales, by using the website you agree that the laws of England and Wales will apply to everything relating to you using the website and you agree to keep to these laws. We have the right to take you to court in the country in which you live.

Subscription Specific Conditions

These terms and conditions shall govern every subscription and shall constitute a contract between us and the subscriber and shall apply to all subscriptions accepted by us. Any other conditions of purchase are expressly excluded and no variation of any of these terms and conditions shall have any effect unless expressly agreed in writing by us.

We reserve the right to refuse, withdraw, omit or otherwise deal with all subscriptions at our absolute discretion without any liability to the subscriber thereby arising.

All subscriptions are accepted subject to space being available and to the subscriber either supplying required advertising content that in our discretion is acceptable to us, and/or authorising the use of any additional advertising content created by us on behalf of the subscriber. We shall not in any way be liable to the subscriber for any loss suffered by them due to non availability of space, unacceptability of advertising content or the subscriber not providing acceptable advertising content in a timely manner upon request.

A verbal confirmation of a subscription shall be an irreversible contract governed by these terms and conditions except in the case the subscriber has not previously dealt with us. Under these circumstances a verbal contract with a first time subscriber can be cancelled within 5 days of receipt of a copy of these terms and conditions.

There shall be no right of set off between separate subscriptions regardless of any series, multiple or other discount offered by us. Each subscription and each publication of advertising content shall be deemed to be the subject of a contract.

We reserve the right to determine the position of all advertising content unless a special position at a premium has been agreed in writing by us.

The subscriber specifically undertakes that advertising content (a) shall not contravene any English law, or Act of Parliament (b) shall conform with the British Code of Advertising Practice as stated by the Advertising Standards Authority (c) shall be original to the subscriber and shall not be illegal or defamatory or infringe the copyright or other proprietary right of any third party (d) shall be legal, decent, honest and truthful.

The subscriber shall fully indemnify us against any claim whatsoever (including legal and other costs and expenses incurred in dealing with any claim) arising from the publication of advertising content.

Subscription Rates

Subscription rates are subject to change except where a rate protection guarantee has been agreed in writing by us. We reserve the right to increase subscription prices by the Consumer Price Index (CPI) (ignoring any negative figures) announced in January each year, plus 3.9%. This increase takes effect on subscriptions renewing from 1st February each year.

Subscriptions and Cancellations

To ensure continuity of service all elocal Website Hosting, Domain Name and Premium and Elite Business Listing subscriptions are automatically renewed up to 29 days prior to the 12 month anniversary of the subscription start date. Cancellation notifications must be in writing and received by us no less than 30 days prior to the 12 month anniversary of the a subscription start date.

Any claims by the subscriber for errors and omissions where we are clearly at fault shall be limited to a maximum of the cost of the specific subscription concerned. Whilst every care is taken to avoid errors the we shall not be liable for errors due to insufficient and inaccurate instructions or circumstances beyond our control.

The subscriber warrants that it is the owner of the intellectual property rights in the artwork, logo, designs, text and video which it shall provide to us to use in any advertising content and the subscriber shall indemnify us and keep us indemnified against all or any costs, claims, damages, demands and expenses which may be incurred by or made against us by any third party by reason of the subscriber being in breach of this condition.

We shall not be liable for any loss suffered by or occasioned to any advertising content and other property of the subscriber which shall be held by us at the subscriber’s risk and should be insured by the subscriber against loss or damage from whatever cause. We reserve the right to destroy, without notice, all advertising content or other property of the subscriber which we have had in our custody for six months from the date of its last use.

Complaints about mistakes in or poor reproduction of advertising content must be received in writing by us no more than 10 days following its publication. Such complaints relating to advertising content that are received after 10 days following its publication will not be entertained by us and we shall have no liability in respect thereof.

Subscription Payment Terms

Payment terms are strictly 30 days from the date of invoice.

Failure to settle any invoice within 30 days of the invoice date will render the subscriber liable, at our sole discretion, to lose any discount entitlement and to pay interest on the outstanding invoices at 5.0% per annum, accruing daily, above Barclays Bank Plc base rate. Failure by the subscriber to comply with these terms or any other payment terms agreed in writing with us shall entitle us to not publish any advertising content previously accepted.

If a subscriber has not settled an invoice within 30 days, we may refuse to renew any other subscriptions that same subscriber may have upon their expiry.

All prices quoted are subject to variation as a result of government taxes and levies.