TERMS & CONDITIONS

1. Introduction

1.1    These terms and conditions shall govern your use of our website.

1.2    By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3    If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4    You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

2. Copyright notice

2.1    Copyright (c) 10(years) of first publication Local Where 2 Ltd.

2.2    Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights on our website and the material on our website; and

(b)    all the copyright and other intellectual property rights on our website and the material on our website are reserved.

3. Permission to use the website

3.1    You may:

(a)    view pages from our website in a web browser;

(b)    download pages from our website for caching in a web browser;

(c)    print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;

(d)    stream audio and video files from our website using the media player on our website; and

(e)    use our website services by means of a web browser,  subject to the other provisions of these terms and conditions.

3.2    Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3    You may only use our website for your own personal and business purposes; you must not use our website for any other purposes.

3.4    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5    Unless you own or control the relevant rights in the material, you must not:

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

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

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

(d)    exploit material from our website for a commercial purpose; or

(e)    redistribute material from our website.

3.6    Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.

3.7    We reserve the right to suspend or restrict access to our website, to areas of our website, and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

4. Misuse of website

4.1    You must not:

(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity, or security of the website;

(b)    use our website in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;

(c)    hack or otherwise tamper with our website;

(d)    probe, scan, or test the vulnerability of our website without our permission;

(e)    circumvent any authentication or security systems or processes on or relating to our website;

(f)     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;

(g)    impose an unreasonably large load on our website resources (including bandwidth, storage capacity, and processing capacity);

(h)    decrypt or decipher any communications sent by or to our website without our permission;

(i)     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;

(j)     access or otherwise interact with our website using any robot, spider, or other automated means, except for the purpose of search engine indexing;

(k)    use our website except by means of our public interfaces;

(l)     violate the directives set out in the robots.txt file for our website;

(m)   use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing); or

(n)    do anything that interferes with the normal use of our website.

4.2    You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete, and non-misleading.

5. Use on behalf of organisation

5.1    If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

(a)    yourself; and

(b)    the person, company, or other legal entity that operates that business or organisational project, to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company, or legal entity, unless the context requires otherwise.

6. Registration and accounts

6.1    You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.  Or if adding a review supplying your email address.

6.2    You must not allow any other person to use your account to access the website.

6.3    You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.4    You must not use any other person’s account to access the website unless you have that person’s express permission to do so.

7. User login details

7.1    If you register for an account with our website, you will be asked to choose a user ID and password.

7.2    Your user ID must not be liable to mislead and must comply with the content rules set out in Section 16; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3    You must keep your password confidential.

7.4    You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5    You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

8. Cancellation and suspension of account

8.1    We may:

(a)    suspend your account;

(b)    cancel your account; and/or

(c)    edit your account details, at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for, and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.

8.2    You may cancel your account on our website using your account control panel on the website. You will not be entitled to any refund if you cancel your account in accordance with this Section 8.2.

9. Directory

9.1    We publish a directory of businesses, events, jobs, discounts, business opportunities, and marketing materials on our website.

10. Free directory listings

10.1  You may submit a free listing to our directory by following this process: create an account, navigate to the Add Business Listing or Advertising Packages tab, select Free Business Listing as your package type, create your business profile and submit your listing. Click on https://localwhere2.com/advertising-packages/ to view more.

10.2  If we accept your free directory listing submission, it will remain published on our website indefinitely, subject to termination or deletion in accordance with these terms and conditions.

10.3  We may delete a free directory listing at any time, with or without notice to you.

11. Paid directory listings

11.1 You may submit a paid listing to our directory by following this process: create an account, navigate to the Add A Listing or Advertising Packages tab, select the appropriate business listing as your package type, and create your business profile then submit your listing. After your business listing has been created you may then may proceed to add additional listings i.e. events, discounts, etc.

11.2  You will have the opportunity to identify and correct input errors prior to making your order by viewing your listing during the creation of the listing or viewing it after you have submitted the listing.

11.3  Depending on the paid package selected it may include the following benefits: recurring, featured listing, adding additional image uploads, additional fields to build out your listing, unique QR code to aid the promotion of your business, Google Analytics, opportunity to present at our promote & learn webinars, and an opportunity to appear in our social media platform, click on https://localwhere2.com/advertising-packages/ to view more.

11.4  If we accept a paid directory submission, it will remain published on our website for the relevant period specified on our website, subject to termination or deletion in accordance with these terms and conditions.

11.5  We may delete a paid directory listing at any time, providing that if we delete a paid listing in accordance with this Section 11.5 before the end of the period in respect of which listing fees have been paid, we will refund to you a portion of those listing fees reflecting the unexpired listing period, such portion to be calculated by us on a pro rata basis using any reasonable methodology.

12. Rules about directory submissions

12.1  Each submission to our directory must be a listing in respect of a  business and must have a trading address for each business listing displayed. This is defined as a physical or virtual business centre address. Any fake or false location will result in a listing not being approved or removed.

12.2  For the avoidance of doubt, your directory submissions constitute “your content” for the purposes of Section 15 and Section 16, and must comply with the acceptable use rules set out in Section 4.

12.3  You must keep your directory submissions up to date using our website interface.

12.4  Your directory submissions must not relate to any unlawful business, product, or service; and you must not make any directory submission with a view to conducting any unlawful activity or entering into any unlawful contract or arrangement.

12.5  Without prejudice to our other rights under these terms and conditions, we reserve the right to reject or delete directory submissions that breach these terms and conditions, or that do not meet the additional guidelines for submissions published on our website.

12.6  If we reject or delete a directory submission in accordance with this Section 12, we will not refund any applicable charges.

13. Fees

13.1  The fees in respect of our website services will be as set out on the website from time to time.

13.2  All amounts stated in these terms and conditions or on our website are stated exclusive of VAT.

13.3  You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.

13.4  We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.

13.5  If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

13.6  If you make an unjustified credit card, debit card, or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a)    an amount equal to the amount of the charge-back;

(b)    all third-party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c)    an administration fee of GBP 25.00; and 

(d)    all our reasonable costs, losses, and expenses incurred in recovering the amounts referred to in this Section 13.6 (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statements, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 13.6.

13.7  If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

13.8  We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

14. Our role

14.1  You acknowledge that:

(a)    we do not confirm the identity of website users, check their creditworthiness or bona fides, or otherwise vet them;

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

(c)    we are not a party to any contract for the sale or purchase of products, digital products, or services advertised or listed on the website;

(d)    we are not involved in any transactions between website users in any way;

(e)    we are not the agents for any website users, and accordingly, we will not be liable to any person in relation to any contract or other arrangement between website users; furthermore, we are not responsible for the enforcement of any contractual obligations arising out of a contract between website users and we will have no obligation to mediate between the parties to any such contract.

14.2  The provisions of this Section 14 are subject to Section 19.1.

15. Our rights to use your content

15.1  In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software, and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

15.2  You grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

15.3  You grant us the right to sub-license the rights licensed under Section 15.2.

15.4  You grant us the right to bring an action for infringement of the rights licensed under Section 15.2.

15.5  You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law, and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

15.6  You may edit your content to the extent permitted using the editing functionality made available on our website.

15.7  Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

16. Rules about your content

16.1  You warrant and represent that your content will comply with these terms and conditions.

16.2  Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

16.3  Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)    be libellous or maliciously false;

(b)    be obscene or indecent;

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

(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, instructions for the commission of a crime, or the promotion of criminal activity;

(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 an explicit, graphic, or gratuitous manner;

(m)   be pornographic, lewd, suggestive, 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, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory, or inflammatory; or

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

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

16.5  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 and conditions.

16.6  You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.

17. Report abuse

17.1  If you learn of any unlawful material or activity on our website or any material or activity that breaches these terms and conditions, please let us know.

17.2  You can let us know about any such material or activity by contacting us via https://localwhere2.com/contact-us/.

18. Limited warranties

18.1  We do not warrant or represent:

(a)    the completeness or accuracy of the information published on our website;

(b)    that the material on the website is up to date;

(c)    that the website will operate without fault; or

(d)    that the website or any service on the website will remain available.

18.2  We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

18.3  To the maximum extent permitted by applicable law and subject to Section 19.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

19. Limitations and exclusions of liability

19.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law.

19.2  The limitations and exclusions of liability are set out in this Section 19 and elsewhere in these terms and conditions:

(a)    are subject to Section 19.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence), and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

19.3  To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

19.4  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

19.5  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill.

19.6  We will not be liable to you in respect of any loss or corruption of any data, database, or software.

19.7  We will not be liable to you in respect of any special, indirect, or consequential loss or damage.

19.8  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

19.9  Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of:

(a)    GDP 1,000.00; and

(b)    the total amount paid and payable to us under the contract.

20. Indemnity

20.1  You hereby indemnify us and undertake to keep us indemnified, against any and all 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) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.

21. Breaches of these terms and conditions

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

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to our website;

(c)    permanently prohibit you from accessing our website;

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

(e)    contact any or all of your internet service providers and request that they block your access to our website;

(f)     commence legal action against you, whether for breach of contract or otherwise; and/or

(g)    suspend or delete your account on our website.

21.2  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).

22. Third-party websites

22.1  Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

22.2  We have no control over third-party websites and their contents, and subject to Section 19.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

23. Trademarks

23.1  Trade Mar No UK00003500875, Mark 2 (figurative), our logos, and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.

23.2  The third-party registered and unregistered trademarks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such, we cannot grant any license to exercise such rights.

24. Competitions

24.1  From time to time we may run competitions, free prize draws, and/or other promotions on our website.

24.2  Competitions will be subject to separate terms and conditions (which we will make available to you as appropriate).

25. Variation

25.1  We may revise these terms and conditions from time to time.

25.2  The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

26. Assignment

26.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

26.2  You may not without our prior written consent assign, transfer, sub-contract,  or otherwise deal with any of your rights and/or obligations under these terms and conditions.

27. Severability

27.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

27.2  If any unlawful and/or unenforceable provision of these terms and conditions 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.

28. Third-party rights

28.1  A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

28.2  The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

29. Entire agreement

29.1  Subject to Section 19.1, these terms and conditions, together with our privacy (https://localwhere2.com/privacy-policy/) and cookies policy (https://localwhere2.com/cookie_policy/), shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

30. Law and jurisdiction

30.1  These terms and conditions shall be governed by and construed in accordance with English law.

30.2  Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England, Scotland, Wales, Northern Ireland, and Ireland.

31. Statutory and regulatory disclosures

31.1  We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

31.2  These terms and conditions are available in the English language only.

31.3  We are registered in Northern Ireland; you can find the online version of the register at https://www.gov.uk/government/organisations/companies-house, and our registration number is NI662990.

32. Our details

32.1  This website is owned and operated by Local Where 2 Ltd.

32.2  We are registered in Northern Ireland under registration number NI662990, and our registered office is at Great Northern Road, Omagh, Co. Tyrone N. Ireland BT78 5LU.

32.3  Our principal place of business is at Great Northern Road, Omagh, Co. Tyrone N.Ireland BT78 5LU.

32.4  You can contact us:

(a)    by post, to the postal address given above;

(b)    using our website contact form;

(c)    by telephone, on the contact number published on our website; or

(d)    by email, using the email address published on our website.