Conditions of use

1. Application of these conditions of use

By accessing or using any part of Discoveryourlocal.co.uk (“DYL.co.uk”) you agree to be bound by the following conditions of use. If you do not wish to be bound by these conditions, you may not access or use DYL.co.uk.

We may change these conditions at any time without any notice to you. By your continued access and use of DYL.co.uk you agree to be bound by the latest version of the conditions of use. Please check these conditions periodically for any changes that have been made.

2. Copyright and database right

Except where otherwise noted, Discover Your Local Limited (“DYL”) owns legally and beneficially all the intellectual property rights in the content of all the DYL.co.uk web pages (including the design, text, graphics and arrangement thereof) and in the software used therein. Such intellectual property rights include, without limitation, copyrights and database rights in the information displayed as DYL.

3. Trademarks

All trademarks, product names and company names or logos cited anywhere on DYL.co.uk are the property of their respective owners.

4. Permitted uses

Save as provided below, no materials from DYL.co.uk may be copied, downloaded, reproduced, broadcast, shown or played in public, republished, uploaded, posted, stored, transmitted or distributed in any way or adapted or changed in any way.

       

For the avoidance of doubt and without limitation, you are expressly prohibited from:

           i.          modifying the data or other material from DYL.co.uk ("the Data") or merging the Data with any other data;

          ii.          selling or trading in materials copied from the Data;

        iii.          using or redistributing the Data for the purposes of compiling databases, lists or directories, other than as and to the extent necessary to use the Data for a use not prohibited by this paragraph 4;

        iv.          providing commercial information, redistributing or reproduction of the same by the press or media or through any commercial network, cable or satellite system;

         v.          issuing questionnaires, reply cards or similar for the purpose of data capture or verification;

        vi.          permitting or allowing the Data to infringe or otherwise prejudice our proprietary rights;

      vii.          using the Data:

                           ·                   For any unlawful purpose or purpose that is likely to bring any part of DYL into disrepute or to cause any part of DYL embarrassment;

                           ·                   To send any message or communication which is offensive, abusive, indecent, obscene or menacing;

                           ·                   In any way that would be reasonably expected to cause annoyance, inconvenience or needless anxiety;

                           ·                   As source targeting material or contact data for any kind of telemarketing, direct marketing, viral or other electronic marketing activity on your own behalf or on behalf or for the benefit of another party.

5. Subscription rates

5.1       This service is provided on an annual subscription basis and paid for using a cheque or bank transfer in GBP. The subscription rate will be clearly displayed on DYL.co.uk.

5.2       The minimum subscription period is 12 months and will be due 1 month prior to commencement of advertising.

5.3       You can cancel your subscription at any time prior to the day on which your subscription payment is due. This can be done in writing to us or via the DYL website. No refunds or partial refunds will be given.

5.4       By subscribing to DYL.co.uk, you agree to pay the charges at the rate applicable from time to time, details of which can be located on the DYL website.

5.5       If you fail at any time to pay any subscription charges due in accordance with these terms and conditions we may, in our discretion and without prejudice to our other rights, deny you access to those areas of our site which are exclusively available to subscribers. We need not provide you with advance notice in such circumstances.

6. Termination of subscription

We may terminate your subscription immediately if you are in material breach of any of these terms and conditions and in particular upon any failure by you to pay your subscription charge in accordance with these terms and conditions.

7. Links to other sites

Certain links, including hypertext links, in DYL.co.uk will take you outside DYL.co.uk. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside DYL.co.uk.

8. Registration

You undertake to advertise with DYL using accurate and current information about yourself including your correct name, address and any other requested details.

9. Keeping your details up to date

9.1       It is important for us and your customers to have correct contact information.

9.2       It is your responsibility to keep this information up to date.

9.3       You can update your details at any time by e-mailing us at update@discoveryourlocal.co.uk.

10. The renewal process

10.1     The minimum subscription period is 12 months and is automatically renewed unless advised to DYL at least 1 month prior to the existing subscription expiring.

10.2     A renewal notice will be sent 2 months before your subscription is due.

10.3     Payment for renewal of another year's subscription is due one month prior to your renewal date. Failure to do so may result in the suspension of your advert.

10.4     Any change in annual subscription rate will be clearly displayed on the DYL website. 

11.  Suspension or removal of advert

11.1     DYL reserves the right to suspend or remove any advert that is illegal or in breach of current advertising standards. It is the advertiser's responsibility to ensure conformity with all current legislation relating to advertising and trading standards.

11.2     There will be no refunds for suspended or removed adverts although we will endeavor to resolve the issue with the advertiser.

12.     General user

12.1     DYL.co.uk is provided on an 'as-is' and “as when available” basis to users. You use DYL.co.uk at your own risk.

12.2     The purpose of DYL is for finding goods and services only.

12.3     DYL does not warrant or guarantee the accuracy or completeness of adverts. It is your responsibility to judge the accuracy or completeness of the content of an advert before relying on it in any way. Your use of the content (for whatever purpose) is at your sole risk.

12.4     You can always get in touch with us using the Contact page.

13.      Exclusions and limitations

13.1    We do not represent or warrant that access to our site, or any part of it will be uninterrupted, reliable or fault free.

13.2    We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.

13.3    We do not represent or warrant that any services (whether or not provided by us) will be provided with due care and skill.

13.4    To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:

13.4.1 any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to DYL.co.uk or any information on DYL.co.uk;

13.4.2 the unavailability of DYL.co.uk (or any part of it);

13.4.3 any delay in providing, or failure to provide or make available services or any negligent provision of services;

13.4.4 any misrepresentation on or relating to DYL.co.uk or the services (other than a fraudulent misrepresentation made by us on our behalf).

13.5    Our maximum liability to your business in respect of your use of DYL.co.uk or any services we provide or make available to you through or in relation to DYL.co.uk will be the amount of any subscription fees paid on behalf of your business during the year in which the liability arose. You agree that we shall have no liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property.

13.6    None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the re-supply of DYL.co.uk or service to you.

13.7    Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.

14.    Third party rights

14.1 Subject to clause 14.2, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

14.2 Where in these terms representations and warranties are made to us and to suppliers of goods and services through DYL.co.uk, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, all such suppliers and that each supplier may rely upon and enforce such representations and warranties against you by virtue of the Contracts (Rights of Third Parties) Act 1999.

15.    Variations

We reserve the right at any time without notice to revise the content of DYL.co.uk (including the services offered by us) and these terms and conditions will be posted on DYL.co.uk and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use.

16.    Taxes

We have made every effort to make clear whether the quoted prices for goods and services available through DYL.co.uk include any relevant tax or duty or do not. Where in any case it is not clear please note before you make an order that you might be required to bear a liability to tax or duty (for example value added tax) imposed by the supplier or by operation of law that is in addition to the price.

17.    The use of your information

You agree that we may collect, store, and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy.

18.    Access

We reserve the right in our sole discretion to deny users access to DYL.co.uk or any part of our site without notice and to decline to provide the service to any user that is in breach of these terms and conditions of use.

19.    Events beyond our control

We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through DYL.co.uk resulting from any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.

20.    Jurisdiction and governing law

These conditions shall be governed by and construed in accordance with the laws of England . DYL controls DYL.co.uk from within the country of England . It can, however, be accessed from other places around the world. Although these places may have different laws from those of England , by accessing DYL.co.uk you agree that the laws of England , without regard to rules relating to conflict of laws, will apply to all matters relating to your use of DYL.co.uk. You and DYL also agree to submit to the non-exclusive jurisdiction of the English courts, with respect to such matters. Users of DYL.co.uk accessing it from places outside of England acknowledge that they do so voluntarily and are responsible for complying with local laws.