Visit Upton Upon Severn TERMS of Use

BACKGROUND:

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, visituptonuponsevern.co.uk (“Our Site”).  Please read these Terms of Use carefully and ensure that you understand them. You will be required to read and accept these Terms of Use when signing up for an Account.  If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately.  These Terms of Use do not apply to Paid Listings.  Please refer to Our Terms of Sale for more information.

  1. Definitions and Interpretation 
      1. In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:
“Account” means an account required for a User to access and/or use 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;
[“Free Listing” means a free directory listing posted on Our Site by a User, providing details of that User’s business;
“Paid Listing” means a premium directory listing posted on Our Site by a User, in exchange for a fee, providing details of that User’s business;
“Listed Business” means any business featured in a Free or Paid Listing;
[“Third Party Advertiser” means a party responsible for Third Party Advertising displayed on Our Site;
[“Third Party Advertising” means advertising displayed on Our Site in addition to Free Listings and Paid Listings, as detailed in Clause 9;
“User” means a user of Our Site; and
“We/Us/Our” means Upton Business Association, registered address is 23 Old St, Upton upon Severn, Worcestershire.
  1. Information About Us
      1. Our Site, visituptonuponsevern.co.uk, is operated by Causeway Design on behalf of Upton Business Association registered in England as a sole trader.
  1. Access to Our Site
      1. Access to Our Site is free of charge.
      2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
      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.
  1. Accounts
      1. Certain parts of Our Site (including the ability to post Free Listings and Paid Listings may require an Account in order to access them.
      2. You may not create an Account if you are under 18 years of age.  If you are under 18 years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account for you and you must only use the Account with their supervision.
      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. We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols. 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 visitupton@causeway-design.co.uk.  We will not be liable for any unauthorised use of your Account.
      5. You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
      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, as set out in Clause 18.
      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. To close your account please contact visitupton@causeway-design.co.uk
      8. If you close and delete your Account, any Free Listing(s) you have posted to Our Site will also be deleted and the licence granted to Us under sub-Clause 6.4 will be terminated.
  2. Intellectual Property Rights
      1. With the exception of Paid Listings, all Content included 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 is protected by applicable United Kingdom and international intellectual property laws and treaties.
      2. Subject to sub-Clause[s] 5.3 [and 5.6] you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
      3. You may:
          1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
          2. Download Our Site (or any part of it) for caching;
          3. Print page(s) from Our Site;
          4. Download extracts from pages on Our Site; and
          5. Save pages from Our Site for later and/or offline viewing.
      4. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
      5. You may not use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or Our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
      6. Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
  1. Free Listings
      1. An Account is required if you wish to submit a Free Listing.  Please refer to Clause 4 for more information.
      2. You agree that you will be solely responsible for your Free Listing.  Specifically, you agree, represent and warrant that you have the right to submit the Free Listing and that all information in the Free Listing is accurate and truthful, that all such information will be kept accurate and up-to-date, that no personal data will be included that you do not have the right to include, and that your Free Listing will comply with Our Acceptable Usage Policy, detailed below in Clause 13.
      3. You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.2.  You will be responsible for any loss or damage suffered by Us as a result of such breach.
      4. You (or your licensors, as appropriate) retain ownership of the content of your Free Listing and all intellectual property rights subsisting therein.  By submitting a Free Listing, you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence that Free Listing for the purposes of operating and promoting Our Site.
      5. If you wish to remove a Free Listing from Our Site, you may do so by emailing visitupton@causeway-design.co.uk. We will use reasonable efforts to remove the Free Listing in question from Our Site.  Removing a Free Listing also revokes the licence granted to Us to use that Free Listing under sub-Clause 6.4. Please note, however, that caching or references to your Free Listing may not be made immediately unavailable or may not be made unavailable at all where they are outside of Our reasonable control.
      6. We may reject, reclassify, or remove any Free Listing from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the Free Listing in question should be removed as a result.
  1. Links to Our Site
      1. You may link to Our Site provided that:
          1. you do so in a fair and legal manner;
          2. you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
          3. you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
          4. you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.OR
      1. Framing or embedding of Our Site on other websites is not permitted without Our express written permission.  Please contact Us at visitupton@causwaydesign.co.uk . You may not link to Our Site from any other site the main content of which contains material that:
          1. is sexually explicit;
          2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
          3. promotes violence;
          4. promotes or assists in any form of unlawful activity;
          5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
          6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
          7. is calculated or is otherwise likely to deceive another person;
          8. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
          9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);
          10. implies any form of affiliation with Us where none exists;
          11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
          12. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
      2. The content restrictions in sub-Clause 7.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 7.4.  You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content.  You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
  1. Links to Other Sites

Links 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.

  1. Advertising
      1. We may feature Third Party Advertising on Our Site and We reserve the right to display Third Party Advertising on the same page as any content from any User.
      2. You agree that you will not attempt to remove or hide any Third Party Advertising using HTML/CSS or by any other method.
      3. We will not be responsible for any Third Party Advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.
  1. Disclaimers and Legal Rights
      1. Nothing on Our Site constitutes advice on which you should rely.  It is provided for general information purposes only.  Professional or specialist advice should always be sought before taking any action 
      2. 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.  If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site 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.
      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 the Content is complete, accurate, or up-to-date.
      4. We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in Free 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 Free Listings, and We accept no responsibility for any actions taken, or for any products or services provided by, any Listed Business.
  1. Our Liability
      1. The provisions of this Clause 11 apply only to the use of Our Site and Free Listings but not to Paid Listings, which are governed separately by Our Terms of Sale – see further below.  Limitations and exclusions stated to apply to Content in this Clause 11 may not apply to Paid Listings.
      2. 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 included on Our Site.
      3. 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 Free Listings)] included on Our Site.
      4. 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.
      5. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware.  However, subject to sub-Clause 10.2, 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.
      6. 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.
      7. Nothing in these Terms of Use 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.
  1. Viruses, Malware and Security
      1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware including, but not limited to, the scanning of all Content uploaded by Users for viruses and malware as it is uploaded.  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, as detailed in sub-Clause 11.5.
      2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
      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.
      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.
      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.
      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.
  1. Acceptable Usage Policy
      1. You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 13.  Specifically:
          1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
          2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
          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; and
          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.
      2. When submitting a Free Listing or communicating in any other way using Our Site, you must not submit, communicate or otherwise do anything that:
          1. is sexually explicit;
          2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
          3. promotes violence;
          4. promotes or assists in any form of unlawful activity;
          5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
          6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
          7. is calculated or is otherwise likely to deceive (including any unsubstantiated or unsupportable claims or comparisons concerning the Listed Business or any other business or person);
          8. 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;
          9. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 13.2);
          10. implies any form of affiliation with Us where none exists;
          11. 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
          12. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
      3. Free Listings for the following types of business may not be posted:
          1. Anything of a sexual, discriminative or obscene nature.
      4. We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 13 or any of the other provisions of these Terms of Use.  Specifically, We may take one or more of the following actions:
          1. suspend or remove your Free Listing;
          2. suspend or remove any Paid Listing(s) you may have (Please refer to Our Terms of Sale);
          3. issue you with a written warning;
          4. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
          5. take further legal action against you as appropriate;
          6. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
          7. any other actions which We deem reasonably appropriate (and lawful).
      5. 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 of Use.
  1. Privacy and Cookies

Use of Our Site is also governed by Our Cookie and Privacy Policies, available from our website.  These policies are incorporated into these Terms of Use by this reference. Situated on our terms and conditions page.

  1. Changes to these Terms of Use
      1. We may alter these Terms of Use 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.
      2. In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
  1. Contacting Us

To contact Us, please email Us at visitupton@causeway-design.co.uk or using any of the methods provided on Our contact page.

  1. Communications from Us
      1. If We have your contact details (if, for example, 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 of Use, Our Terms of Sale, and changes to your Account.
      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.  Email marketing options can also be changed by contacting visitupton@causeway-design.co.uk . If you opt out of receiving emails from Us at any time, it may take up to 7 business days for Us to comply with your request.  During that time, you may continue to receive emails from Us.
      3. For questions or complaints about communications from Us visitupton@causeway-design.co.uk
  2. How We Use Your Personal Information (Data Protection)
      1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
      2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy on the website. visituptonuponsevern.co.uk/terms
  3. Law and Jurisdiction
      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.
      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 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.
      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. 
      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 exclusive jurisdiction of the courts of England & Wales.

1. TERMS of Sale

BACKGROUND:

These Terms of Sale set out the terms under which Paid Listings are sold by Us to customers through this website, visituptonuponsevern.co.uk  (“Our Site”).  Please read these Terms of Sale carefully and ensure that you understand them before purchasing and submitting a Paid Listing.  You will be required to read and accept these Terms of Sale when completing your purchase.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase and submit a Paid Listing to Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.

  1. Definitions and Interpretation
      1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means a contract for the purchase of a Paid Listing, as explained in Clause 6;
“Listed Business” means any business featured in a Paid Listing;
“Listing Confirmation” means Our acceptance and confirmation of your purchase of a Paid Listing;
“Listing ID” means the reference number for your Paid Listing;
“Paid Listing” means a premium directory listing posted on Our Site by a User, in exchange for a fee, providing details of a Listed Business;
“User” means a user of Our Site; and
“We/Us/Our” means Upton Business Association registered in England.
  1. Information About Us
      1. Our Site, visituptonuponsevern.co.uk, is operated by Causeway Design registered in England as a sole trader.
  1. Access to and Use of Our Site
      1. Access to Our Site is free of charge.
      2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
      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.
      4. Use of Our Site is subject to Our Website Terms of Use , visituptonuponsevern.co.uk/terms Please ensure that you have read them carefully and that you understand them.
  1. Business and Consumer Customers
      1. These Terms of Sale apply to both business and consumer customers.
      2. If you are a business customer, these Terms of Sale constitute the entire agreement between Us and you with respect to your purchase of Paid Listings from Us.  You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
      3. To qualify for Upton Business Association membership, you must have a business registered within a 2 mile radius of 23 High St, Upton upon Severn. You may still list on the site but you will not receive the membership and its discount options. Initial price for membership is £50 which includes your membership, website listing for one year.
      4. All businesses must be relevant and within at least a 20 mile radius of Upton upon Severn to qualify for a listing, to honour the website as an independent business directory for the town of Upton upon Severn.
  1. Paid Listings, Pricing and Availability
      1. We may from time to time change Our pricing.  Changes in price will not affect any Paid Listing that you have already purchased but will apply to any subsequent renewal of a Paid Listing or a new Paid Listing.
      2. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. All pricing information is reviewed and updated annually  Changes in price will not affect any order for a Paid Listing that you have already placed (please note sub-Clause 5.5 regarding VAT, however).
      3. All prices are checked by Us before We accept your order for a Paid Listing.  In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake.  If the correct price is lower than that shown when you made your order, We will simply charge you the lower amount and continue processing your order.  If the correct price is higher, We will give you the option to purchase the Paid Listing at the correct price or to cancel your order.  We will not proceed with processing your order in this case until you respond.  If We do not receive a response from you within 7 days, We will treat your order as cancelled and notify you of this in writing.
      4. If We discover an error in the price of your Paid Listing after your order is processed, We will inform you immediately and make all reasonable efforts to correct the error.  You may, however, have the right to cancel the Contract if this happens.  If We inform you of such an error and you do wish to cancel the Contract, please refer to sub-Clause 12.4.
      5. Prices on Our Site are shown inclusive of VAT.  If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
  1. Orders – How Contracts Are Formed
      1. Our Site will guide you through the process of purchasing a Paid Listing.  Before completing your order, you will be given the opportunity to review it and amend it.  Please ensure that you have checked your order carefully before submitting it.
      2. If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible.  If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it.  If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end.  We will not be responsible for any delay in the completion of the transaction or in the appearance of your Paid Listing on Our Site that results from you providing incorrect or incomplete information.
      3. No part of Our Site constitutes a contractual offer capable of acceptance.  Your order to purchase a Paid Listing constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your order does not mean that We have accepted it.  Our acceptance is indicated by Us sending you a Listing Confirmation by email.  Only once We have sent you a Listing Confirmation will there be a legally binding Contract between Us and you.
      4. Listing Confirmations shall contain the following information:
          1. Confirmation of the Paid Listing purchased including full details of the main characteristics of Our services and the details included in your Paid Listing;
          2. Fully itemised pricing for your Paid Listing including, where appropriate, taxes, and other additional charges;
          3. The period of subscription starts once you page is listed, we will notify you when this is live. Your listing will expire after 365 days.
          4. You will be contacted before the end of the subscription, if you wish to renew.
      5. In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing.  No payment will be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you.
      6. Any refunds due under this Clause 6 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
      7. Refunds under this Clause 6 will be made using the same payment method that you used when purchasing your Paid Listing [unless you specifically request that We make a refund using a different method].
  1. Payment
      1. Payment for Paid Listings must always be made in advance.  Your chosen payment method will be charged when We process your order and send you a Listing Confirmation and before each renewal date.
      2. Payments due must be made in full, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
      3. We accept the following methods of payment on Our Site:
          1. Paypal, by Paypal transfer or credit/debit card.
      4. If you do not make any payment due to Us on time, We will not make your Paid Listing available on Our Site.  If you do not make payment within 7 days of Our reminder, We may cancel the Contract, and will inform you of the cancellation in writing. 
      5. If you believe that We have charged you an incorrect amount, please contact Us at visitupton@causeway-design.co.uk as soon as reasonably possible to let Us know.
  1. Paid Listings
      1. You agree that you will be solely responsible for your Paid Listing and its content.  We accept no responsibility for the content of Paid Listings.  Specifically, you agree, represent, and warrant that you have the right to submit the Paid Listing, that all the information in the Paid Listing is accurate and truthful, that all such information will be kept accurate and up-to-date, that no personal data will be included that you do not have the right to include, and that the Paid Listing will comply with Our Acceptable Usage Policy, detailed below in Clause 9.
      2. You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 8.1.  You will be responsible for any loss or damage suffered by Us as a result of such a breach.
      3. You (or your licensors, as appropriate) retain ownership of the content of your Paid Listing and all intellectual property rights subsisting therein.  By submitting a Paid Listing, you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, [irrevocable,] worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence that Paid Listing for the purposes of operating and promoting Our Site.
      4. Your Paid Listing will be made available on Our Site immediately when We send you a Listing Confirmation and will continue to be available for the period stated in the Listing Confirmation (including any renewals), or until the Contract is otherwise ended.
      5. In some limited circumstances, We may need to suspend the availability of Paid Listings for reasons including, but not limited to, fixing technical problems on Our Site.  If your Paid Listing is suspended for such reasons, We will inform you in advance of the suspension whenever possible, explaining why it is necessary.  If the suspension lasts (or We tell you that it is going to last) for more than 7 days, you may end the Contract as described below in sub-Clause 12.2.
      6. If you wish to remove your Paid Listing from Our Site, you may do so by emailing visitupton@causeway-design.co.uk .  Removing a Paid Listing also revokes the licence granted to Us to use that Paid Listing under sub-Clause 8.3.  Please note, however, that caching or references to your Paid Listing may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).  Removing a Paid Listing before its expiry under this sub-Clause 8.6 will not entitle you to any refund, as per sub-Clause 11.1, and you will remain free to reactivate your Paid Listing up until the expiry date. For details of other cancellation rights, please refer to Clauses 11 and 12.
      7. We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in Paid Listings.  Any such opinions, views, or values are those of the relevant User and/or Listed Business, and do not reflect Our opinions, views, or values in any way.  We have no control over, nor any involvement in, Paid Listings, and We accept no responsibility for any actions taken, or for any products or services provided by, any Listed Business.
  1. Acceptable Usage Policy
      1. When submitting a Paid Listing, you must not submit or otherwise do anything that:
          1. is sexually explicit;
          2. is obscene, deliberately offensive, hateful, or otherwise inflammatory;
          3. promotes violence;
          4. promotes or assists in any form of unlawful activity;
          5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
          6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
          7. is calculated or is otherwise likely to deceive [(including any unsubstantiated or unsupportable claims or comparisons concerning the Listed Business or any other business or person)];
          8. 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;
          9. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 9.1);
          10. implies any form of affiliation with Us where none exists;
          11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyrights, patents, trade marks, and database rights) of any other party; or
          12. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
      2. Paid Listings for the following types of business may not be posted:
          1. Sex shops, or anything or an explicit nature that may cause offence;
          2. Please enquire if you are not sure whether you have a valid listing to visitupton@causeway-design.co.uk
      3. We reserve the right to suspend or terminate your Paid Listing and your access to Our Site if you materially breach the provisions of this Clause 9.  No refunds will be given in the event of such suspension or termination.  In addition, We may take one or more of the following actions:
          1. issue you with a written warning;
          2. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
          3. take further legal action against you as appropriate;
          4. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
          5. any other actions which We deem reasonably appropriate (and lawful).
      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 of Sale.
  1. Problems with Our Service and Consumers’ Legal Rights
      1. We will provide Our service to you with reasonable care and skill, consistent with best practices and standards in Our market, and in accordance with any and all information provided by Us about Our services and about Us.  We always use reasonable endeavours to ensure that Our services are trouble-free.  If, however, there is a problem with your Paid Listing or with any other aspect of Our services, please contact Us as soon as is reasonably possible via visitupton@causeway-design.co.uk.  We will use reasonable endeavours to remedy problems as quickly as is reasonably possible and practical.
      2. If you are a consumer, you have certain legal rights if you purchase services and problems arise.  For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office.
  1. Ending the Contract
      1. You may cancel the Contract and remove your Paid Listing at any time, however subject to sub-Clause 11.2 and Clause 12 (outlining your rights to cancel arising due to something done by Us), We cannot offer any refunds and you will remain free to reactivate your Paid Listing up until the renewal the Contract will end.
      2. If you purchase a Paid Listing by mistake please inform Us within 7 days, and We will cancel the purchase, remove your Paid Listing, and issue a full refund.  If you do not inform Us within the 7 day period, We will not be able to offer any refund and your Paid Listing will remain available (unless you remove it) until its expiry or renewal date.
      3. Please note that consumers will not be eligible for a 14-day cancellation or “cooling-off” period as Our service (i.e. the hosting of your Paid Listing) begins immediately upon the formation of the Contract. You will be required to expressly acknowledge this during the order process.
      4. If you wish to exercise your right to cancel under this Clause 11, you may inform Us of your cancellation in any way you wish, however for your convenience email visitupton@causeway-design.co.uk. Cancellation by email or by post is effective from the date on which you send Us your message. If you would prefer to contact Us directly to cancel, please use the following details:
          1. Telephone: 01684 591355;
          2. Email: secretary@uptonbusiness.co.uk;
          3. Post: 23 High Street, Upton upon Severn, Worcester WR8 0HJ

In each case, providing Us with your name, address, email address, telephone number, and Listing ID.

      1. We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services, however please note that you are under no obligation to provide any details if you do not wish to.
      2. Refunds under this Clause 11 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
      3. Refunds under this Clause 11 will be made using the same payment method that you used when purchasing your Paid Listing.
  1. Ending the Contract Because of Something We Have Done (or Will Do)
      1. You may end the Contract at any time if We have informed you of a forthcoming change to Our services, or to these Terms of Sale that you do not agree to.  If the change is set to take effect or apply to you before the expiry [or renewal] date of your Paid Listing, We will issue you with a pro-rated refund equal to the time remaining on your Paid Listing.  If the change will not take effect or apply to you until the expiry [or renewal] date of your Paid Listing, the Contract will end on the expiry [or renewal] date and no refund will be due.
      2. If We have suspended availability of your Paid Listing for more than <<insert period>>, or We have informed you that We are going to suspend availability for more than <<insert period>>, you may end the Contract immediately, as described in sub-Clause 8.5.  If you end the Contract for this reason, We will issue you with a <<insert type of refund>> refund.
      3. If an event outside of Our reasonable control occurs [and continues for more than <<insert period>>], you may end the Contract immediately.  See sub-Clause 14.2.6 for more information.  If you end the Contract for this reason, We will issue you with a <<insert type of refund>> refund.
      4. If We inform you of an error in the price of your Paid Listing and you wish to end the Contract as a result, you may end it immediately.  If you end the Contract for this reason, We will issue you with a <<insert type of refund>> refund.
      5. You also have a legal right to end the Contract at any time if We are in breach of it.  You may also be entitled to a full or partial refund and compensation. For details of your legal rights, if you are a consumer, please refer to your local Citizens Advice Bureau or Trading Standards Office.
      6. If you wish to exercise your right to cancel under this Clause 12, you may inform Us of your cancellation in any way you wish, however for your convenience  email visitupton@causeway-design.co.uk. Cancellation by email or by post is effective from the date on which you send Us your message. If you would prefer to contact Us directly to cancel, please use the following details:
          1. Telephone: 01684 591355;
          2. Email: secretary@uptonbusiness.co.uk;
          3. Post: 23 High Street, Upton upon Severn, Worcester WR8 0HJ

In each case, providing Us with your name, address, email address, telephone number, and Listing ID.

      1. We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services, however please note that you are under no obligation to provide any details if you do not wish to.
      2. Refunds under this Clause 12 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
      3. Refunds under this Clause 12 will be made using the same payment method that you used when purchasing your Paid Listing.
  1. Our Liability
      1. If you are a consumer, We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence.  Loss or Damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
      2. If you are a business, subject to sub-Clause 13.4, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.
      3. If you are a business, subject to sub-Clause 13.4, Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be 50% of the total sums paid by you under the contract in question, whichever is the greater sum.
      4. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.
      5. In particular, nothing in these Terms of Sale seeks to limit consumers’ legal rights.  If you are a consumer, more information about your legal rights can be obtained from your local Citizens Advice Bureau or Trading Standards Office.
  1. Events Outside of Our Control (Force Majeure)
      1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual, or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
      2. If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
          1. We will inform you as soon as is reasonably possible;
          2. We will take all reasonable steps to minimise the delay;
          3. To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
          4. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability as necessary;
          5. If the event outside of Our control continues for more than 14 days We will cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 calendar days of the date on which the Contract is cancelled and will be made using the same payment method that you used when purchasing your Paid Listing;
          6. If an event outside of Our control occurs and continues for more than 14 days and you wish to cancel the Contract as a result, you may do so as described in sub-Clause 12.3.
  1. Contacting Us
      1. If you wish to contact Us with general questions or complaints, you may contact Us by Telephone: 01684 591355;
          1. Email: secretary@uptonbusiness.co.uk;
          2. Post: 23 High Street, Upton upon Severn, Worcester WR8 0HJ
      2. For matters relating to Paid Listings, please email visitupton@causeway-design.co.uk.
      3. For matters relating to cancellations, please contact visitupton@causeway-design.co.uk
  1. Complaints and Feedback
      1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
      2. All complaints are handled in accordance with Our complaints handling policy.
      3. If you wish to give Us feedback on any aspect of your dealings with Us, please contact Us in one of the following ways: email visitupton@causeway-design.co.uk.
  1. How We Use Your Personal Information (Data Protection)
      1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
      2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy – visituptonuponsevern.co.uk/terms 
  2. Other Important Terms
      1. We may transfer (assign) Our obligations and rights hereunder to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights hereunder will not be affected and Our obligations hereunder will be transferred to the third party who will remain bound by them.
      2. You may not transfer (assign) your obligations and rights hereunder without Our express written permission. 
      3. The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
      4. If any of the provisions of these Terms of Sale are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.
      5. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
      6. We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms of Sale as they relate to your Paid Listing, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them (also see sub-Clause 12.1 above).
  1. Law and Jurisdiction
      1. These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
      2. If you are a consumer, any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (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.
      3. If you are a business, any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.