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Effective date: 16/07/2024
Who we are
We are Aylesbury.info. Our company information is at the end of this document.
What this is all about
These are our terms and conditions which apply to our Service (explained below). Please read the entire document carefully and contact us if anything is unclear. We’ve tried to make it user-friendly but please note that the summaries/explanations for each section in capitals aren’t a substitute for the rest of the text. Please save a copy for future reference. These terms are only available in English and they replace any previous versions.
While these terms and conditions apply to all Users (unless otherwise stated), the Addendum to this document contains additional terms that apply only to Advertisers. If there is a conflict, the Addendum takes priority.
Some definitions
THIS SECTION TELLS YOU WHAT CERTAIN WORDS MEAN WHEREVER THEY ARE USED WITH A CAPITAL LETTER IN THIS DOCUMENT
“Ads” – all promotions on our Service of any kind such as directory listings, banners and sponsorships etc.
“Advertiser” – a User who places an Ad on our Service.
“Consumer” – an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
“Content” – all information of whatever kind (including Ads, profiles, posts, comments, articles, blogs, images, photos, audio, video, messages, reviews (including ratings etc.,) displayed, stored or sent on or in connection with our Service.
“Service” –our website and any related services.
“User” – people or organisations using our Service (whether or not registered with us).
How you enter a legal contract with us
THIS SECTION TELLS YOU HOW AND WHEN YOU BECOME LEGALLY BOUND BY A CONTRACT WITH US
Consumer legal right to cancel (“cooling off”)
IN SHORT: CONSUMERS MAY HAVE THE RIGHT TO GET OUT OF THE CONTRACT WITHIN THE FIRST 14 DAYS
Changing these terms and conditions
IN SHORT: WE CAN CHANGE THESE TERMS BUT YOU MAY HAVE CERTAIN OPTIONS IF YOU DISAGREE
Your right to use our Service
THIS SECTION SETS OUT CERTAIN LIMITS ON YOUR RIGHT TO USE OUR SERVICE
We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you subject to these terms and conditions.
THIS SECTION SETS OUT THE LEGAL STANDARD OF SERVICE THAT WE PROMISE YOU
Subject to the rest of these terms, we agree to provide our Service with reasonable skill and care.
Behaviour when using our Service
THIS SECTION SETS OUT THE BEHAVIOUR AND OTHER REQUIREMENTS TO USE OUR SERVICE
You agree not to do any of the following in connection with our Service:
send, store, display or link to unlawful, infringing or otherwise inappropriate Content;
victimise or harass other people;
use offensive, obscene, abusive, discriminatory or other inappropriate language or images;
deceive or mislead anyone;
send, store, display or link to any Content that includes someone else’s personal information unless that person is 18 years or over and you have obtained their written consent or you are otherwise legally allowed to do so (e.g., as parent/guardian);
use our Service to help you compete with us or to infringe our rights;
interfere with or damage our Service or gain unauthorised access to any part of our system, data, passwords or otherwise;
attempt, encourage or assist any of the above.
Your Content
THIS SECTION CONTAINS CERTAIN PROMISES BY YOU REGARDING YOUR CONTENT AND GIVES US SOME RIGHTS INCLUDING TO REMOVE/DELETE/DISCLOSE THE CONTENT IN CERTAIN CIRCUMSTANCES
You are responsible for your Content.
You agree that you have (and will keep) all rights needed to enable us to use your Content as contemplated by the Service and these terms and conditions.
If you post a review, you promise that it is your independent, honest, genuine opinion.
If you use any features on our Service which enable you to share your Content with other sites, we are not responsible for use of your Content on those sites.
Provided we comply with data protection law, we are entitled (without telling you or giving you a refund) to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities or companies who provide relevant services to us, or if we consider that Content does not meet our quality standards.
We may place advertisements near or within your Content. If so, we retain all revenue from such advertisements.
We are entitled to delete your Content if you are not a subscriber and your account has been inactive for at least twelve months or any alternative period we decide.
Dealing with other Users
THIS SECTION CONTAINS IMPORTANT WARNINGS ABOUT YOUR DEALINGS WITH OTHER USERS AND WHAT TO DO IF YOU ENCOUNTER MISBEHAVIOUR
General
We don’t endorse or recommend any Users or their Content. You deal with other Users at your own risk. We are not legally responsible for the accuracy of, or otherwise in relation to, any User Content or for any dealings between Users. Where appropriate, you are responsible for investigating other Users before dealing with them. Don’t assume that any Content from another User is accurate and be aware that people may not be who they claim to be.
If you encounter any inappropriate Content or behaviour in connection with our Service or if you have any concerns for your safety, you agree to immediately (1) stop any communication with the other person and (2) tell us. Please also use any available blocking mechanisms and seek relevant external help If appropriate (e.g., from law enforcement authorities).
Ads
We do not verify Ads. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You must take appropriate professional or other advice. We do not accept legal responsibility for the accuracy of, or otherwise in relation to, any Ad or in connection with any consequent communications or transactions with third parties or with use by third parties of the information comprised within any Ad or related enquiry.
If you respond to any Ad, please note that any resulting transaction is between you and the Advertiser concerned. We may provide tools to facilitate the transaction, but we are not a party to that contract. You acknowledge that any legal recourse in connection with such transactions is against the Advertiser and not us. Please direct any queries or complaints to the Advertiser.
Reviews
You acknowledge that we permit Users to post public reviews about you and/or your goods or services. We are not responsible for monitoring or editing reviews. You acknowledge that such reviews may be critical or defamatory of you.
Other peoples’ services / advertising / websites
IN SHORT: WE AREN’T RESPONSIBLE FOR ADVERTISING ETC BY OTHER PEOPLE ON OUR SERVICE
We may display other peoples’ services, advertising and/or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.
If you create an account on our Service
IN SHORT: YOU ARE RESPONSIBLE FOR YOUR ACCOUNT AND MUST KEEP IT CONFIDENTIAL
You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password. You are responsible for unauthorised people who use your account or identity (unless and to the extent that we are at fault).
Support
THIS SECTION SETS OUT THE AMBIT OF OUR SUPPORT SERVICE, IF APPLICABLE
Unless we say otherwise, any support that we do opt to provide is only available by email between 9am and 5pm on business days in England and we do not guarantee any particular response times or outcomes. Any response times given are calculated in English business hours/days unless we say otherwise. We are allowed to change or withdraw our support service at any time.
Ending or suspending this contract
THIS SECTION TELLS YOU WHEN THIS CONTRACT CAN END OR BE SUSPENDED AND, IF SO, WHAT HAPPENS
We are entitled to end this contract or suspend part or all of our Service or impose restrictions on our Service if:
you are subject to more than one negative review on our Service;
acting reasonably, we think that it is necessary to protect you, us or others;
we are required to do so by applicable law or regulation or to comply with an order, instruction or request from a competent authority; or
you or anyone on your behalf acts inappropriately towards us or our staff or subcontractors.
Our guidance
IN SHORT: YOU RELY ON ANY GENERAL GUIDANCE BY US AT YOUR OWN RISK
If we ourselves provide any general guidance or other similar information on or via our Service, we do not guarantee that it is accurate or up to date or relevant to you and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
If our Service doesn’t work properly
IN SHORT: WE DON’T PROMISE THAT OUR SERVICE WILL BE ERROR-FREE
Restrictions on our legal responsibility – very important
THIS SECTION LIMITS OUR LEGAL RESPONSIBILITY IN VARIOUS WAYS AND MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES WE SUFFER, EG IF YOU BREAK THE CONTRACT
Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our officers, employees and subcontractors, who have the right to enforce this agreement.
If you are a Consumer, subject to the above we shall not be liable for any loss or damage where:
there is no breach of a legal duty owed to you by us;
such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
(and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
such loss or damage relates to a business of yours.
If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement or misuse of our Service.
The following clauses apply only if you are not a Consumer:
To the fullest extent allowed by law, you and we exclude all terms, conditions, warranties and representations howsoever arising, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
Subject to the first paragraph in this section (“Nothing in this agreement…”), we shall under no circumstances whatever be liable under or in connection with this agreement, whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, for any:
loss of profit; loss of data; loss of use; loss of production; loss of contract; loss of opportunity; loss of savings; or harm to reputation or loss of goodwill; or
indirect, consequential or special losses.
Subject to the first paragraph in this section (“Nothing in this agreement…”), if you are or were a paying User, our total liability in respect of all other losses arising under or in connection with this agreement whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, for any act or omission or series of connected acts or omissions shall in no circumstances exceed the total fees paid or payable by you to us in connection with our Service in the 12 months before the first act or omission complained of.
You agree to indemnify us against all claims and liabilities arising out of or in connection with your use of the Service and/or breach of this agreement (except insofar as we are at fault).
This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements.
Intellectual property rights (IP)
THIS SECTION CONFIRMS THAT YOU AND WE REMAIN OWNER/S OF COPYRIGHT AND OTHER IP RIGHTS IN OUR RESPECTIVE CONTENT AND SETS OUT HOW WE ALLOW EACH OTHER/YOU TO USE THE CONTENT
IP in your Content (e.g., Ads)
You remain the owner of the IP in any Content you provide to us for display on our Service. You allow us, at no cost and for so long as this contract lasts (or forever in the case of your reviews/posts, to use and adapt all or part of such material however we wish on our Service / to use such material insofar as reasonably necessary for our Service. as well as on other channels including social media, including to enhance, redistribute and/or promote our Service. You waive your “moral rights” in relation to such Content to the extent legally allowed. You also allow each User to use your Content in accordance with these terms and conditions. You give us the right to take any legal action we think necessary if there is an infringement of the intellectual property rights in your Content.
IP in our Content
We and/or our partners or other Users own the IP in all Content (excluding your Content and that of other Users) used on or in connection with our Service. Let’s call this “our Content”.
You may view our Content on your device for your private personal, non-commercial, and (if you are a business) your internal business, use only. Except to the extent that these terms or the functionality of our Service (e.g., sharing buttons) specifically allow you to, you must not otherwise use any part of our Content including by copying, recording, publishing (on the Internet or otherwise), selling or altering it, taking extracts from it or passing any of it on to other people, unless we give you clear written permission. You must not misrepresent the ownership or source of our Content, for example by changing or removing any legal notices or author attributions.
Just to be clear – you must not collect, scrape, harvest, frame or deep-link to our Content without our specific prior written consent.
IN SHORT: OUR PRIVACY POLICY APPLIES
You agree that we can deal with your personal information in accordance with our Privacy Policy which may change from time to time.
Things we can’t control
IN SHORT: WE AREN’T RESPONSIBLE FOR “ACTS OF GOD”
We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.
Transferring this contract to someone else
IN SHORT: WE CAN PASS THIS CONTRACT TO SOMEONE ELSE BUT YOU NEED OUR PERMISSION TO DO LIKEWISE
We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
English law and courts
IN SHORT: ENGLISH LAW APPLIES AND ONLY UK COURTS CAN ADJUDICATE ON DISPUTES
This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a Consumer to rely on such mandatory provisions of local law.
General
HERE ARE SOME GENERAL BUT IMPORTANT POINTS THAT APPLY
We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement makes any party an agent, employee or representative of the other.
Complaints
If you have any complaints, please contact us via the contact details shown below.
ADDENDUM APPLYING ONLY TO ADVERTISERS
Paying us
THIS SECTION COVERS YOUR PAYMENT OBLIGATIONS INCLUDING AUTO-RENEWAL OF SUBSCRIPTIONS AND PRICE CHANGES
Your subscription will continue to be auto-renewed for the subscription period you signed up to unless you end your subscription with effect from the next renewal date by following the instructions on our Service. Ending your subscription does not entitle you to a refund (unless Consumer cooling off rights apply).
We may at any time change our subscription prices. We will give you notice by email at least one month before any price change takes effect. If you do not agree with the new price, you should end your subscription. Otherwise, the next renewal of your subscription after our notice will be at the new price.
You must contact us immediately with full details if you dispute any payment.
You agree that you are legally bound by the terms and conditions of any payment providers whose services you use on our Service. We aren’t responsible for what they do or don’t do.
Discount codes
THIS SECTION TELLS YOU HOW YOU ARE ALLOWED TO USE DISCOUNT CODES ON OUR SERVICE
You can only use codes to make purchases through the account for which the discount code was offered and registered. You must not sell or transfer codes to anyone else.
Unless we say otherwise: codes expire after 30 days, they can only be used once for future new orders placed online and you can only use one discount code per transaction.
We may suspend or cancel codes and/or cancel any relevant purchase and/or close any relevant account if we think that the codes have been used fraudulently, illegally or in breach of our terms and conditions or if a relevant payment is charged back or otherwise cancelled or reversed or if.
Codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
Your Ad
THIS SECTION DEALS WITH THE APPEARANCE OF YOUR ADVERTISEMENT AND INCLUDES YOUR OBLIGATIONS RELATING TO THE ADVERTISED PRODUCTS
We reserve the right in our discretion without notice to edit the text or layout of Ads or to locate or relocate Ads on our Service in order to ensure that your Ad complies with our terms and conditions and otherwise to the extent that we think fit (provided that you achieve prominence which is broadly equivalent to what we offer for your particular package).
You agree that, in connection with the supply of goods and/or services which are shown in, referred to or linked to in the Ad, you will act in accordance with highest standards reasonably to be expected in the relevant industry and in accordance with all applicable laws, regulations and codes of conduct.
YOUR LEGAL RIGHT TO CANCEL THIS CONTRACT
The following applies ONLY if you are a Consumer and have the legal right to cancel this contract (as explained above).
Right to cancel
You have the right to cancel the contract within 14 days without giving any reason.
The cancellation period will end after 14 days from the day when we enter a legal contract with you (as explained above – “How you enter a legal contract with us”).
To exercise the right to cancel, you must tell us Aylesbury.info, Roald Dahl House, Wycliffe End, Aylesbury, Buckinghamshire, HP19 7XD (email address above) of your decision to cancel the contract by a clear statement (e.g., a letter sent by post or e-mail). You may use the model cancellation form below, but you don’t have to.
To meet the cancellation deadline, you must send your communication telling us you want to cancel before the cancellation period ends.
Effects of cancellation
If you cancel the contract, we will refund to you all payments received from you.
The refund will be made without undue delay, and no later than 14 days after the day we receive your notice to cancel the contract.
The refund will be made using the same means of payment you used for the initial transaction, unless you expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund.
If you asked us to start performing the services during the cancellation period, you must pay us an appropriate proportion of the payment to cover services performed until the point when you tell us you want to cancel the contract.
Complete and return this form only if you wish to cancel the contract:
— To Aylesbury.info, Roald Dahl House, Wycliffe End, Aylesbury, Buckinghamshire, HP19 7XD (email address above):
— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],
— Ordered on [*]/received on [*],
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date
[*] Delete as appropriate