- Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
|“Account”||means an account required for a User to access certain areas of Our Site, as detailed in Clause 4;|
|“Content”||means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;|
|“Listing”||means a directory listing posted on Our Site by a User which shall provide details of that User’s business;|
|“Listed Business”||means any business featured in a Listing;|
|“User”||means a user of Our Site; and|
|“We/Us/Our”||means Buy My Side Limited, a company registered in England under company number 14097527, whose registered address is 151 Wardour street, Soho, London, W1F 8WE.|
- Information About Us2.1 Our Site, www.firstinthedoor.com, is owned and operated by Buy My Side Limited.
- Access to Our Site3.1 Access to Our Site is free of charge.3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
- Accounts4.1 Certain parts of Our Site may require an Account in order to access them.4.2 You may not create an Account if you are under 18 years of age.4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.4.4 We recommend that you choose a strong password for your Account, consisting of a combination of lower and upper case letters and numbers. It is your responsibility to keep your password safe. If you believe your Account is being used without your permission, please contact Us immediately at email@example.com. We will not be liable for any unauthorised use of your Account.
4.5 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
4.6 Any personal information provided in your Account will be collected, used and held in accordance with your rights and Our obligations under the law.
4.7 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access. Business Users who have paid a subscription fee to list their business will be subject the corresponding termination terms set out separately in their subscription agreement.
- Intellectual Property Rights and Our Site5.1 With the exception of the content of Listings, all Content on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including that in Listings) is protected by applicable United Kingdom and international intellectual property laws and treaties.5.2 You may:5.2.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);5.2.2 Download Our Site (or any part of it) for caching;
5.2.3 Print pages from Our Site;
5.2.4 Download, copy, clip, print, or otherwise save extracts from pages on Our Site; and
5.2.5 Save pages from Our Site for later and/or offline viewing.
5.3 You may not systematically copy Content from Our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database.
5.4 You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from Our Site
5.5 Our status as the owner and author of the Content on Our Site (or that of identified licensors or Users, as appropriate) must always be acknowledged.
- Acceptable Usage Policy
6.1 You may only use Our Site in a manner that is lawful and that complies with the provisions set out herewith:6.1.1 you must ensure that you comply fully with any and all applicable local, national, and international laws and/or regulations;6.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;6.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and6.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
6.2 When communicating in any way using Our Site, you must not post, communicate or otherwise do anything that:
6.2.1 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
6.2.2 promotes violence;
6.2.3 promotes, assists in, or constitutes any form of unlawful activity (including anything which may be in breach of rules, regulations, or legislation specifically applicable to the Listed Business);
6.2.4 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
6.2.5 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
6.2.6 is calculated or otherwise likely to deceive (including any unsubstantiated or unsupportable claims or comparisons concerning the Listed Business or any other business or person);
6.2.7 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
6.2.8 misleadingly impersonates any person or business or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive.
6.2.9 implies any form of affiliation with Us where none exists;
6.2.10 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
6.2.11 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
6.3 We reserve the right to suspend or terminate your Account and/or your access to Our Site if you materially breach the provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
6.3.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
6.3.2 issue you with a written warning;
6.3.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
6.3.4 take further legal action against you as appropriate;
6.3.5 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
6.3.6 any other actions which We deem reasonably appropriate (and lawful).
6.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
- Links to Our Site7.1 You may link to Our Site provided that:7.1.1 you do so in a fair and legal manner;7.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;7.1.3 you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
7.1.4 you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
7.2 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at firstname.lastname@example.org for further information.
7.3 You may not link to Our Site from any other site the content of which contains material that:
7.3.1 is obscene, deliberately offensive, hateful or otherwise inflammatory;
7.3.2 promotes violence;
7.3.3 promotes or assists in any form of unlawful activity;
7.3.4 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
7.3.5 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.3.6 is calculated or is otherwise likely to deceive;
7.3.7 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
7.3.8 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive.
7.3.9 implies any form of affiliation with Us where none exists;
7.3.10 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
- Links to Other SitesLinks to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
- Advertising9.1 We are not responsible for the content of any advertising on Our Site. Each advertiser is responsible for the content of their own advertising material. We will not be responsible for any advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.
- Disclaimers and Legal Rights10.1 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.10.2 If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site created by Us (that is not Content uploaded by a User) damages your device or other digital content belonging to you, if you are a consumer, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.10.3 We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that such Content is complete, accurate, or up-to-date.10.4 We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in Listings. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way. We have no control over, nor any involvement in, any Listed Business and We accept no responsibility for any actions taken, or for any goods or services provided, by any Listed Business.
- Our Liability11.1 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (whether it is provided by Us or whether it is a Listing posted by a User) included on Our Site.11.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content (including Listings) included on Our Site.11.3 If you are a Business User, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.11.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to sub-Clause 11.3, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
11.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
11.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
- Viruses, Malware and Security12.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware. We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same.12.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.12.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.12.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
12.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
12.6 By breaching the provisions of sub-Clauses 12.3 to 12.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
- Communications from Us15.1 If you have an Account, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, and changes to your Account.15.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link.15.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at email@example.com
- Changes to these Terms and Conditions16.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.16.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
- Contacting UsTo contact Us, please email Us at firstname.lastname@example.org
- Law and Jurisdiction18.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.18.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.18.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.18.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the [non] exclusive jurisdiction of the courts of England & Wales.