1. Definitions and Interpretation
|“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; and|
|“we/us/our||means River Valley Enterprises Ltd. a company registered in England under company number 9283695 , whose registered address is 20-22 Wenlock Road, London N1 7GU.|
2. Access to our Site
2.1 Access to our Site is free of charge.
2.2 It is your responsibility to make any and all arrangements necessary in order to access our Site.
2.3 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.
3. Intellectual Property Rights
3.1 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.
3.2 Subject to clauses 3.3 and 3.6 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.
3.3 You may:
3.3.1 access, view and use our Site in a web browser (including any web browsing capability built into other types of software or app);
3.3.2 download our Site (or any part of it) for caching;
3.3.3 print one copy of any pages from our Site;
3.3.4 download extracts from pages on our Site; and
3.3.5 save pages from our Site for later and/or offline viewing.
3.4 Our status as the owner and author of the Content on our Site (or that of identified licensors, as appropriate) must always be acknowledged.
3.5 You may not use any Content 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.
4. Links to our Site
4.1 You may link to our Site provided that:
4.1.1 you do so in a fair and legal manner;
4.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on our part where none exists;
4.1.3 you do not use any logos or trade marks displayed on our Site without our express written permission; and
4.1.4 You do not do so in a way that is calculated to damage our reputation or to take unfair advantage of it.
You may not link to any page other than the homepage of our Site. Deep-linking to other pages requires our express written permission except where you are linking to your own listing in the Directory on our Site. Framing or embedding of our Site on other websites is not permitted.
4.2 You may not link to our Site from any other site the main content of which contains material that:
4.2.1 is sexually explicit;
4.2.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
4.2.3 promotes violence;
4.2.4 promotes or assists in any form of unlawful activity;
4.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
4.2.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
4.2.7 is calculated or is otherwise likely to deceive another person;
4.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
4.2.9 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 clause 4.2);
4.2.10 implies any form of affiliation with us where none exists;
4.2.11 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
4.2.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
4.3 The content restrictions in clause 4.2 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of clause 4.2. 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.
5. 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.
6.1 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 relating to financial, medical or physical and mental health related services.
6.2 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.
6.3 We make reasonable efforts to ensure that the 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.
7. Our Liability
7.1 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.
7.2 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 included on our Site.
7.3 Although our Site is intended for commercial use, 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.
7.4 We exercise all reasonable skill and care to ensure that our Site is free from viruses and other malware. However, 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.
7.5 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.
8. Viruses, Malware and Security
8.1 We exercise all reasonable skill and care to ensure that our Site is secure and free from viruses and other malware.
8.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
8.3 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.
8.4 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.
8.5 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.
8.6 By breaching the provisions of clauses 8.3 to 8.5 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.
9. Acceptable Usage Policy
9.1 You may only use our Site in a manner that is lawful. Specifically:
9.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
9.1.2 you must not use our Site in any way, or for any purpose, that is unlawful or fraudulent;
9.1.3 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
9.1.4 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.
9.2.1 suspend, whether temporarily or permanently, your right to access our Site;
9.2.2 issue you with a written warning;
9.2.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
9.2.4 take further legal action against you as appropriate;
9.2.5 disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
9.2.6 any other actions which we deem reasonably appropriate (and lawful).
10. Privacy and Cookies
12. Contacting us
To contact us, please email us at firstname.lastname@example.org or using any of the methods provided on our contact page at [insert link to contact us page once sit is live].
13. Communications from us
13.2 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. If you opt out of receiving emails from us at any time, it may take up to 5 working days for us to comply with your request. During that time, you may continue to receive emails from us.
13.3 For questions or complaints about communications from us (including, but not limited to marketing emails), please contact us at email@example.com or via our contact page. If you have any complaints, you can see our Complaints Policy.
14 Data Protection
14.1 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.
15. Law and Jurisdiction
15.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in clause 15.1 above takes away or reduces your rights as a consumer to rely on those provisions.
TERMS AND CONDITIONS FOR PAID LISTINGS
These terms of sale (the Terms) set out the terms under which paid listings in the Genderbuzz directory (the Directory) on this website (our Site) are sold by River Valley Enterprises Ltd, a company registered in England under company registration number 9283695 whose registered address is 20-22 Wenlock Road, London, N1 7GU trading as Genderbuzz (we, us or our). Our VAT number is 240 7057 31.
Please read these Terms carefully and ensure that you understand them before purchasing and submitting a Paid Listing (as defined below).
You will be required to read and accept these Terms when completing your purchase. We also recommend that you print a copy of this for future reference.
If you do not agree to comply with and be bound by these Terms, you will not be able to purchase and submit a Paid Listing to our Site.
These Terms, as well as any and all Contracts are in the English language only.
1.Definitions and Interpretation
1.In these Terms, unless the context otherwise requires, the following expressions have the following meanings:
|Contract||the contract between you and us for the sale and purchase of a Paid Listing as explained in clause 5 below.|
|Listed Business||any business featured in a Paid Listing;|
|Listing Confirmation||our acceptance and confirmation of your purchase of a Paid Listing.|
|Listing ID||the reference number for your Paid Listing.|
|Paid Listing||a premium listing posted in the Directory on our Site by a User, in exchange for a fee, giving details of a Listed Business.|
|User||a user of our Site.|
1.2 In these Terms, where the context allows:
1.2.1 references to words in the singular shall include the plural and vice versa and a reference to one gender shall include a reference to all other genders; and
1.2.2 a reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and a reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
1.3 The headings in these Terms are for convenience only and shall not affect its interpretation.
2.Access to and Use of our Site
1.Access to our Site is free of charge. It is your responsibility to make any and all arrangements necessary in order to access our Site.
2.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.
3.1 The Terms apply only to business customers. We do not accept listings from consumers (that is individuals placing personal listings which are not in connection with her trade, business, craft or profession) in the Directory.
3.4 As a business customer, these Terms 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 and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement in these Terms.
3.5 Nothing in these Terms is intended to limit or exclude any statutory rights you may have.
4.Paid Listings, Pricing and Availability
1.Our pricing for Paid Listings is set out at [https:/genderbuzz.com/pricing-plan/]. 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. We will inform you of any change in price at least one month before the change is due to take effect. If you do not agree to such a change, you may cancel the Contract as described in clause 11.1 below.
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 every 6 months. Changes in price will not affect any order for a Paid Listing that you have already placed, except as this relates to a change in the rate of VAT (see clause 4.5 below).
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 24 hours, 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.
5.Prices on our Site are shown exclusive 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.
5.Orders and how the Contract is 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.your Listing ID;
2.confirmation of the Paid Listing purchased including the details included in your Paid Listing;
3.fully itemised pricing for your Paid Listing including, where appropriate, taxes, and other additional charges;
4.the period of time for which your Paid Listing will be available on our Site.
5.If we do not accept or cannot fulfil your order for any reason (for example, because it does not comply with our Eligibility Requirements and the Acceptable Use Policy – see clause 8 below), we will explain why this is the case 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 5 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 5 will be made using the same payment method that you used when purchasing your Paid Listing, unless otherwise agreed by you and us.
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 on 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 payment by Stripe and Paypal on our Site.
4.If you do not make any payment due to us on time, we will not make your Paid Listing available on our Site or, in the case of a renewal, will suspend its availability on our Site. If you do not make payment within 48 hours of our reminder that payment is due, 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 firstname.lastname@example.org as soon as reasonably possible to let us know.
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 in all respects, 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 Eligibility Requirements and Acceptable Usage Policy, detailed below in clause 8 below.
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 clause 7.1. You agree and accept that 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 in that content. 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 for more than 24 hours, the availability of your Paid Listing will be extended by a period equivalent to the length of the suspension. If the suspension lasts (or we tell you that it is going to last) for more than 48 hours, you may end the Contract as described below in clause 11.2.
6.If you wish to remove your Paid Listing from our Site, you may do so by not renewing your listing at renewal date. The minimum listing period is 6 months and no refunds will be given during that 6 month period. If you purchase a 12 month listing no refunds can be made during the first 6 month period. If you purchase the 12 month package at a discount and then cancel after the mandatory 6 month period, we will give a refund for the remaining 6 months, but the refund will not include the discount, so you will effectively have purchased the 6 months at full price.
7.7 If you remove a Paid Listing this will also revoke the licence granted to us to use that Paid Listing granted under clause 7.3. 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 clause 7.7 will not entitle you to any refund, as stated in clause 10.1, 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 10 and 11 below.
7.8 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.
8.Eligibility Requirements and Acceptable Usage Policy
8.1 To post any listing on the Directory on our Site your business must be at least 50% owned and 50% led by a woman.
8.2 If you place an order for a Paid Listing, we are entitled to assume that you are the owner or proprietor of that business or you have the authorisation of the owner/proprietor of the business to do so. You may not place an order for a Paid Listing for a business that you do not own or where you are not authorised to act on its behalf.
8.3 When submitting a Paid Listing, you must not submit or otherwise do anything that:
8.3.1 is sexually explicit, is obscene, deliberately offensive, hateful, or otherwise inflammatory or promotes violence;
8.3.2 promotes or assists in any form of unlawful activity;
8.3.3 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;
8.3.4 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
8.3.5 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);
8.3.6 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;
8.3.7 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 clause 8.3);
8.3.8 implies any form of affiliation with us where none exists;
8.3.9 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyrights, patents, trademarks, and database rights) of any other party; or
8.3.10 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
8.4 Our Site does not accept listings for the following types of business and any orders for Paid Listings for businesses, which in our sole discretion fall into the following categories, will not be accepted by us:
8.4.1 any sales of live or dead animals;
8.4.2 any company who sells animal fur;
8.4.3 non-vegan beauty brands; and
8.4.4 any business that engages in animal or human cruelty.
8.5 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 8. 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:
8.5.1 issue you with a written warning;
8.5.2 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
8.5.3 take further legal action against you, as appropriate;
8.5.4 disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
8.5.5 any other actions which we deem reasonably appropriate (and lawful).
8.6 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.
9.Problems with Our Service
1.We will provide our service to you with reasonable care and skill, consistent with good industry practices and standards for the service we are providing to you, 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.
2.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 email@example.com. We will use reasonable endeavours to remedy problems as quickly as is reasonably possible and practical.
10.Ending the Contract
1.You may cancel the Contract and remove your Paid Listing at any time, however subject to clause 10.2 and clause 11 (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 or expiry date, as applicable, whereupon the Contract will end.
2.If you renewed your Paid Listing by mistake, please inform us within 2 hours, and we will cancel the purchase, remove your Paid Listing, and issue a refund. Please note there will be an administration charge of £10 made for this. If you do not inform us within 2 hours, 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 our service (i.e. the hosting of your Paid Listing) begins immediately upon the formation of the Contract, that is when we send you a Listing Confirmation by email, so you will not be able to cancel after this time. You will be required to expressly acknowledge this during the order process.
11.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 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-rata 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 1 week, or we have informed you that we are going to suspend availability for more than 72 hours (other than for reasons outside our reasonable control) you may end the Contract immediately, as described in clause 7.5. If you end the Contract for this reason, we will issue you with a pro-rata refund.
3.If an event outside of our reasonable control occurs (ie there is an event of Force Majeure as referred to in clause 13.2.6) and this continues for more than 1 week, you may end the Contract immediately. If you end the Contract for this reason, we will issue you with a pro-rata refund.
11.4 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.
11.5 If you wish to exercise your right to cancel under this clause 11, please use the following details:
11.5.1 Telephone: [TBC];
11.5.2 Email: firstname.lastname@example.org;
11.5.3 Post: Genderbuzz c/o River Valley Enterprises Ltd, 20-22 Wenlock Road, London N1 7GU.
In each case, providing us with your name, address, email address, telephone number, and Listing ID.
4.Refunds under this clause 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.
5.Refunds under this clause 11 will be made using the same payment method that you used when purchasing your Paid Listing, unless you and we agree otherwise and there will be an administration charge of £10 (except where the termination is as a result of fault on our part).
1.As you are a business, subject to clause 12.3, 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.
2.Subject to clause 12.3, 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 either £200 or 150% of the total sums paid by you under the contract in question, whichever is the greater sum.
3 Nothing in these Terms 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.
13.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 occurs that is likely to adversely affect our performance of any of our obligations under these Terms:
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 (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 1 week, 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, unless we and you agree otherwise; and
6.If an event outside of our control occurs and continues for more than 1 week and you wish to cancel the Contract as a result, you may do so as described in clause 11.3.
1.If you wish to contact us with general questions, feedback or complaints, you may contact us by email at email@example.com.
2.For matters relating to Paid Listings and cancellation, please contact us by telephone at [TBC] or by email at firstname.lastname@example.org or by post to Natasha Stromberg, c/o River Valley Enterprises Ltd. 20-22 Wenlock Road, London N1 7GU
3.We will aim to respond to your message within 2 working days if it is by phone or email and within 10 working days if it is sent by post.
15.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.
16.Other Important Terms
1.We may transfer (that is 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 under the Contract will not be affected and our obligations under the Contract 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.
4.If any of the provisions of these Terms 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. 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 means that we have waived that right, and no waiver by us of a breach of any provision of these Terms means that we will waive any subsequent breach of the same or any other provision.
6.We may revise these Terms from time to time in response to changes in relevant laws and other regulatory requirements. If we change these Terms 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 clause 11.1 above).
17.Law and Jurisdiction
1.These Terms and the Contract, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
2.Any disputes concerning these Terms 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.