(1)      Introduction

These terms of use govern your use of our website; by using our website, you accept these terms of use in full.   If you disagree with these terms of use or any part of these terms of use, you must not use our website.

If you register with our website, we will ask you to expressly agree to these terms of use.

Please note that we provide a forum for users to advertise, buy and sell goods and services.  We are not party to the sale or purchase of goods or services advertised on this website, and accordingly we will not be liable to any person in relation to any such sale or purchase.  See Section 10 for more details of our role.

We will not file a copy of these terms of use specifically in relation to each user and, if we update these terms of use, the version to which you originally agreed will no longer be available on our website.  For this reason, we recommend that you print and file a copy of these terms of use for future reference.

These terms of use are provided in the English language only.

(2)      Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website.  Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use. 

You must not:

(a)      republish material from this website (including republication on another website);

(b)      sell, rent or sub-license material from the website;

(c)      show any material from the website in public;

(d)      edit or otherwise modify any material on the website (although you may of course submit advertisements and edited advertisements for review and publication);

(e)      reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; or

(f)      redistribute material from this website.

We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.

(3)      Registration

Only registered users may submit advertisements for publication on the website.

You may register with our website by: (i) clicking “registration”; (ii) completing and submitting our registration form; and (iii) clicking on the account activation link in the email that we will send to you.

When you register you will be asked to choose a username and password.  You must ensure that your username and password are kept confidential.  We may disable your username and password in our sole discretion without notice or explanation.

(4)      Advertisements

Once you have registered, you may submit a advertisement by: (i) clicking “add adverts”; (ii) completing and submitting the advertisement submission form; (iii) selecting the required advertisement type and duration; (iv) submitting payment for your advertisement, either from a PayPal account or by credit or debit card via PayPal (unless you are exempt from making payment in accordance with the following paragraph of this Section).

No payment will be required in respect of advertisements for goods or services that are free-of-charge (including free of delivery charges) to the customer for those goods or services.  Where you submit an advertisement on this basis, you must not subsequently seek or accept any payment from any website user in respect of the goods or services in question.

From time to time we may offer other forms of free or reduced-rate advertising on our website.  Any such advertising will be subject to these terms of use, as well as the specific terms and conditions set out on our website in relation to the offer (and for the avoidance of doubt a breach of any of those terms and conditions will constitute a breach of these terms of use).

You will have the opportunity to review your advertisement, and to identify and correct input errors, prior to submitting it.

You may amend submitted advertisements, by sending us details of the amendment, at any time before the expiry of the period of 24 hours following the first publication of the advertisement on our website. 

Advertisements submitted to our website must constitute bona fide advertisements for goods or services that are true, fair and accurate in all respects.  Advertisements must all be listed in the appropriate category or categories.

Advertisements submitted to our website must not constitute an advertisement for any product or service that:

(a)      breaches any applicable laws, regulations or codes, or infringes any third party intellectual property rights or other rights, or gives rise to a cause of action against any person in any jurisdiction;

(b)      consists of or contains material that would, if published on our website by you, contravene the provisions of Section 8.

Your advertisements must comply with the “acceptable use” and “submissions” provisions below.

You must keep your advertisements up-to-date by notiying us of any necessary changes; and  you mark as “offline” using the website interface any advertisements that have ceased to apply (for example, because goods advertised have been sold).

Advertisements (and updated or edited advertisements) that are submitted will be individually reviewed within 12 working hours following receipt (working hours are 9am to 5pm London time on a week day excluding bank holidays in England). 

Without prejudice to our other rights under these terms of use, we reserve the right to reject or delete advertisements that in our opinion breach these terms of use.  If we reject or delete an advertisement on this basis, we will not refund any applicable charges.

If we accept your advertisement then, it will remain published on our website for the relevant period set out on our website, subject to termination, de-publication or deletion in accordance with these terms of use.  As the expiry time of an advertisement approaches we may send you notifications to remind you of the option of renewing the advertisement.  You can change the settings relating to notifications in the “reminders” section of the website.

You must pay to us the charges in respect of a submission in advance, in cleared funds, in accordance with the instructions on our website.  We may vary submission charges from time to time by posting new charges on our website.  However, such variations will not affect submissions that have already been paid for.

We may delete free advertisements at any time in our sole discretion with or without notice to you.

(5)      Banners

Business users who submit paid-for advertisements in accordance with Section 4 may from time to time (in accordance with the terms stated on our website) be given the opportunity to advertise their goods and services on our website via our banner advertising inventory.

Banners will be subject to payment of such charges as may be stated on our website from time to time.  

Banner advertisement files may be supplied by the advertiser or, where we agree, created by us in consultation with the advertiser.

The provisions of Sections 4, 7 and 8 relating to content, apply to all content that advertisers supply for publication on the website as a banner or part of a banner. 

From time to time we may agree to create banners on behalf of banner advertisers.  The intellectual property rights in such banners will remain with us, and will not be licensed or assigned to the advertiser.  If the advertiser wishes to reuse such banners, the advertiser should contact us to negotiate terms (which will usually include payment of an additional charge).

Banner advertisements will be published on our website within a reasonable period following the submission or approval of the banner by the advertiser, and for a period of 3 months following the date of first publication, or for such other period as may be specified on our website from time to time. 

During the period of publication, the banner advertisement may be rotated with other advertisers' banners, and so may not appear on every page load.

We may from time to time agree to extent the period of publication.  Extension will be subject to payment of an additional charge, as stated on our website from time to time.  

Without prejudice to our other rights under these terms of use, we reserve the right to reject or delete banners that in our opinion breach these terms of use.  If we reject or delete a banner on this basis, we will not refund any applicable charges.

(6)      Distance Selling Regulations

If you are contracting as a consumer, you may cancel an order for a advertisement at any time within 7 working days, beginning on the day after the contract for publication of the advertisement comes into force, providing that we have not begun the process of reviewing the advertisement during that period. You expressly agree that we may begin the process of reviewing the advertisement during that period, and you acknowledge that where we do this your right to cancel will cease.  If you cancel a advertisement in accordance with this paragraph, you will receive a full refund of the submission charges paid.  We will usually refund any money using the same method as you used to pay the charges. We will process the refund due to you as soon as possible and, in any case, within 30 days of the day we receive your valid notice of cancellation.  The notice of cancellation should be sent to the address or email address given in Section 22 below.

(7)      Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use data collected from our website to contact individuals or companies or other organisations for any reason other than for the purpose of a bona fide response to a advertisement.

You must not use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

(8)      Submissions

In these terms of use, “your submissions” means all material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website as part of a advertisement, or that you submit to our website using any other website feature.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your submissions in any existing or future media.  You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your submissions must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). 

Your submissions (and their publication on our website) must not:

(a)      be libellous or maliciously false;

(b)      be obscene or indecent;

(c)      infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)      infringe any right of confidence, right of privacy, or right under data protection legislation;

(e)      constitute negligent advice or contain any negligent statement;

(f)      constitute an incitement to commit a crime;

(g)      be in contempt of any court, or in breach of any court order;

(h)      be in breach of racial or religious hatred or discrimination legislation;

(i)       be blasphemous;

(j)      be in breach of official secrets legislation;

(k)      be in breach of any contractual obligation owed to any person;

(l)       depict violence in a explicit, graphic or gratuitous manner;

(m)     be pornographic or sexually explicit;

(n)      be untrue, false, inaccurate or misleading;

(o)      consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)      constitute spam;

(q)      be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or

(r)      cause annoyance, inconvenience or needless anxiety to any person.

Your submissions must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

Submissions that constitute advertisements must comply with the ASA's CAP Code.

You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.

You must not submit to our website any submissions that are or have ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

(9)      Discontinuing services

We reserve the right to discontinue our advertising services (and the publication of our website) at any time in our sole discretion with or without notice.

If:

(a)      you have paid for a advertisement;

(b)      your advertisement has been (or would have been) accepted in accordance with these terms of use; and

(c)      we discontinue the advertising service;

we will refund to you such portion of your payment as we determine to be reasonable.

Save as provided in this Section 9 and in Section 6, you will not be entitled to any refund upon the discontinuance of our services.

(10)    Limited warranties

We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

You acknowledge that:

(a)      we do not confirm the identity of advertisers or buyers, check the credit worthiness or bona fides of advertisers or buyers, or otherwise vet advertisers or buyers;

(b)      we do not check, audit or monitor the information contained in advertisements;

(c)      we are not party to the sale or purchase of goods or services advertised on the website;

(d)      we are not involved in any transaction between advertisers and buyers in any way; and

(e)      we are not the agents for any advertisers or buyers;

and accordingly we will not be liable to any person, whether acting as advertiser or buyer or otherwise, in relation to the offer for sale or sale or purchase of any goods or services advertised on our website; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any goods or services and we will have no obligation to mediate between parties to any such contract.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(11)    Limitations of liability

Nothing in these terms of use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

(a)      to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;

(b)      we will not be liable for any consequential, indirect or special loss or damage;

(c)      we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;

(d)      we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;

(e)      our maximum liability in relation to any event or series of related events will be limited to the amount of charges paid (or if greater payable) by you to us during the 12 month period immediately preceding the event or events.

You accept that we have an interest in limiting the personal liability of our officers and employees.  Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms of use.  This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

(12)    Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

(13)    Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

(a)        send you one or more formal warnings;

(b)        temporarily suspend your access to the website;

(c)        permanently prohibit you from accessing the website;

(d)        block computers using your IP address from accessing the website;

(e)        contact your internet services provider and request that they block your access to the website;

(f)        bring court proceedings against you for breach of contract or otherwise;

(g)        delete and/or edit any or all of your advertisements; and/or

(h)        suspend and/or delete your account with the website.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

(14)    Third party websites

Our website includes hyperlinks to other websites owned and operated by third parties.  These links are not recommendations.  We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

(15)    Trade marks

ADLOC ADVERTISEMENTS and our logo are trade marks belonging to us.  We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights. 

The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

(16)    Variation

We may revise these terms of use from time-to-time.  Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website.  Please check this page regularly to ensure you are familiar with the current version.

(17)    Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent – providing where you contract with us as a consumer that such action will not reduce the guarantees benefiting you under these terms of use.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use. 

(18)    Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(19)    Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

(20)    Entire agreement

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(21)    Law and jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales.

(22)    Our details

 

The full name of our company is Adloc Advertisements Ltd. 

We are registered in England & Wales under registration number 06802022.

Our registered address is 11-13 Hockerill Street, Bishop's Stortford, Hertfordshire CM23 2DH.

You can contact us by email to info@adloc.co.uk.