Version number: 2.0

Effective date: 16/07/2024

Who we are

1. 1. We are Aylesbury.info. Our company information is at the end of this document.

What this is all about

1. 2. 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.

1. 3. 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

1. 1. 1. “Ads” – all promotions on our Service of any kind such as directory listings, banners and sponsorships etc.

      2. “Advertiser” – a User who places an Ad on our Service.

      3. “Consumer” – an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.

      4. “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.

      5. “Service” –our website and any related services.

      6. “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

1. 4. By registering on our Service (or agreeing to our terms and conditions offsite), you enter a legal contract with us to use our Service.

1. 5. By accessing any part of our Service that does not require registration/payment, you are also bound by these terms to the extent they are relevant.

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

1. 6. If you are a Consumer, you may have the legal right to cancel this contract within 14 days of the start of the contract if you comply with the requirements explained in the Annex at the end of this document.

Changing these terms and conditions

IN SHORT: WE CAN CHANGE THESE TERMS BUT YOU MAY HAVE CERTAIN OPTIONS IF YOU DISAGREE

1. 7. We may change these terms and conditions at any time. We will give you reasonable notice before they take effect by posting them on our website and/or communicating them to you by email or otherwise.

1. 8. If you don’t agree to the new terms and the changes are important and not intended to reflect changes to law/regulation, you can email us (to the address below) to end this contract on the day before the new terms take effect.

Your right to use our Service

THIS SECTION SETS OUT CERTAIN LIMITS ON YOUR RIGHT TO USE OUR SERVICE

1. 9. 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.

Standard of Service

THIS SECTION SETS OUT THE LEGAL STANDARD OF SERVICE THAT WE PROMISE YOU

1. 10. 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

1. 11. You agree not to do any of the following in connection with our Service:

       1. break the law or infringe anyone else’s rights;

       2. send, store, display or link to unlawful, infringing or otherwise inappropriate Content;

       3. victimise or harass other people;

       4. use offensive, obscene, abusive, discriminatory or other inappropriate language or images;

       5. deceive or mislead anyone;

       6. 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);

       7. impersonate anyone;

       8. use our Service to help you compete with us or to infringe our rights;

       9. disrupt our Service, e.g., spam, viruses or phishing;

       10. interfere with or damage our Service or gain unauthorised access to any part of our system, data, passwords or otherwise;

       11. intercept or modify communications;

       12. impose an unreasonable load on our Service;

       13. get around any security features; or

       14. attempt, encourage or assist any of the above.

1. 12. You agree to:

       1. comply with the guidance/requirements on our Service; and

       2. provide prompt and reasonable cooperation in relation to our Service.

1. 13. You agree to ensure that any contact or other information that you supply to us is accurate and not misleading and you will tell us immediately if there are any important changes.

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

1. 14. You are responsible for your Content.

1. 15. 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.

1. 16. If you post a review, you promise that it is your independent, honest, genuine opinion.

1. 17. 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.

1. 18. 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.

1. 19. We are not legally responsible if your Content is misused by others. You must take reasonable care when deciding which Content to display on or send via our Service.

1. 20. We may place advertisements near or within your Content. If so, we retain all revenue from such advertisements.

1. 21. It is your responsibility to make your own frequent backups of Content if you want protection if it is lost or damaged. We are not responsible for loss or damage that could have been avoided if you had made a backup (but this doesn’t affect our duties under data protection laws).

1. 22. 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

1. 23. 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.

1. 24. 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

1. 25. 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.

1. 26. 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

1. 27. 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

1. 28. 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

1. 29. Unless otherwise specifically stated on our Service, your account is for your personal use only and is non-transferable. You agree not to allow anyone else to use your account.

1. 30. 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

1. 31. The Service includes support only if we opt to provide support and, if so, by the specified contact methods. Any support service is only intended to address configuration and proper use of, or any errors or interruptions arising from, our Service.

1. 32. 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.

1. 33. In any event, we aren’t obliged to supply support if you owe us any money or have otherwise broken this contract.

Ending or suspending this contract

THIS SECTION TELLS YOU WHEN THIS CONTRACT CAN END OR BE SUSPENDED AND, IF SO, WHAT HAPPENS

1. 34. You are entitled to end this contract at any time by emailing us to the email address shown below. (This doesn’t entitle you to a refund unless you have Consumer “cooling off” rights, explained above.)

1. 35. We are entitled to end this contract or suspend part or all of our Service or impose restrictions on our Service if:

       1. you break this contract;

       2. you are subject to more than one negative review on our Service;

       3. any fees payable by you are unpaid or charged back;

       4. acting reasonably, we think that it is necessary to protect you, us or others;

       5. 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

       6. you or anyone on your behalf acts inappropriately towards us or our staff or subcontractors.

1. 36. We are entitled at any time to end this contract if we terminate our Service as a whole if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.

1. 37. If this contract ends:

       1. Your right to use our Service and all licences are terminated.

       2. We are allowed to delete your Content without telling you.

       3. Existing rights and liabilities are unaffected.

       4. All terms in this contract that are stated or intended to continue after termination will continue to apply.

Our guidance

IN SHORT: YOU RELY ON ANY GENERAL GUIDANCE BY US AT YOUR OWN RISK

1. 38. 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

1. 39. We do not guarantee that the Service will be uninterrupted or error-free.

1. 40. We are entitled without notice and without liability to suspend the Service for repair, maintenance, improvement or other technical reason.

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

1. 41. 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.

1. 42. If you are a Consumer, subject to the above we shall not be liable for any loss or damage where:

       1. there is no breach of a legal duty owed to you by us;

       2. 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);

       3. (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or

       4. such loss or damage relates to a business of yours.

1. 43. 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.

1. 1. The following clauses apply only if you are not a Consumer:

      1. 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.

      2. 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.

1. 1. 3. 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.

      4. 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).

      5. 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)

1. 45. 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

1. 46. 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”.

1. 47. 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.

1. 48. Just to be clear – you must not collect, scrape, harvest, frame or deep-link to our Content without our specific prior written consent.

Your personal information

IN SHORT: OUR PRIVACY POLICY APPLIES

1. 49. 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”

1. 50. 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

1. 51. 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

1. 52. 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

1. 53. 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

1. 54. If you have any complaints, please contact us via the contact details shown below.

Information about us

1. 55. Name: Matt Phillips trading as Aylesbury.info
   56. Contact address: Roald Dahl House, Wycliffe End, Aylesbury, Buckinghamshire, HP19 7XD.
   57. Contact email address: matt@aylesbury.info
   58. Other contact information: See our website contact page.