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Terms And Conditions
"LETCHWORTH online" is a
trade mark of Time Is Ltd. All rights reserved.
It provides subscribers to
LETCHWORTH online with access to the Web site and the facility to
have a 'page presence' entry within the web site which can be
located using the relevant search criteria. Visitors who are not
subscribers may also visit the web site which has not been
designated 'Subscribers Only'. Whilst this Web Site has been
compiled in good faith by Time Is Ltd it is based upon
information supplied to it by Subscribers and third parties as
well as Time Is Ltd staff. You should therefore verify any
information obtained from this Web Site before you act upon it by
checking its accuracy with an authorized representative of Time
Is Ltd or where it concerns a subscriber, the relevant
Subscriber.
As a consequence, you should be
aware that the information contained in this Web Site may be
incomplete, inaccurate or out of date. It is therefore provided
without any warranty as to its completeness or accuracy or any
other warranty, either expressed or implied, including but not
limited to any implied warranties or implied terms as to
suitability or fitness for a particular purpose and all such
implied terms and warranties are hereby excluded.
In exchange for providing visitors
with free access to material on this Web Site, and subscribers
complete access and registration to the database via the page
presence entry you agree that Time Is Ltd will not be liable for
any direct, indirect or consequential loss arising from the use
of the information and material contained in this Web Site or
from your access to Web Sites of Subscribers or other material on
the Internet obtained via Web links from this Site.
The information and material
contained in this Web Site does not contain an offer to sell any
securities and must not be relied on in connection with any
investment decision.
The copyright in the material
contained in this Web Site belongs to Time Is Ltd or the relevant
Subscriber or third party that has supplied it. To the extent
that Time Is Ltd can grant rights in respect of the same, any
person may not copy any part of the material, without the express
permission in writing by Time Is Ltd or the relevant subscriber.
Where permission has been granted, the copies must retain any
copyright or intellectual property notices contained in the
original material; and the products, technology or processes
described in this Web Site may be the subject of other
intellectual property rights reserved by Time Is Ltd or other
third parties. No license is granted in respect of those
intellectual property rights.
All business undertaken by Time Is
Ltd either directly or via this Web Site will be subject to Time
Is Ltd's Standard Terms & Conditions. Nothing here alters or
supersedes those Terms & Conditions.
The above exclusions and
limitation apply only to the extent permitted by English law.
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Time Is
Ltd Terms & Conditions of Business
With effect from 9th September
1998
1. Background:
I. LETCHWORTH
online is a trading division and trademark of Time Is Ltd. It
provides businesses with the opportunity to promote
themselves by subscribing to an interactive business
directory and information service appearing on the Internet
and provides ancillary services connected with the same
`("the Services"). A "Subscriber" is a
person, firm or company acquiring services from Time Is Ltd.
2. Contract:
I. Time Is
Ltd contract on these conditions only and acceptance by Time
Is Ltd of any application from a Subscriber for inclusion on
the Time Is Ltd Web Site shall be upon these conditions.
II. Time Is
Ltd reserve the right to reject any application received by
them.
III. Time Is
Ltd also reserves the right at anytime without notice to
remove any subscriber from the web site and return any
computer files on disk to the address of the subscriber
registered on Time Is Ltd, or a web site hosted by Time Is
Ltd or any other Web host on the internet. In this event Time
Is Ltd is not obliged to give a reason but will return all
monies due to the subscriber on a time-apportioned basis.
IV. Time Is
Ltd reserves the right not to deal with queries on the
telephone and does not offer a telephone support service for
the Page presence entry.
V. If Time Is
Ltd has designed Web pages for the subscriber after the proof
has been agreed verbally or otherwise Time Is Ltd reserves
the right to make a reasonable charge per amendment to pages
as required and has a reasonable time in which to make such
amendments.
VI. Foreign
language translations - Time Is Ltd will recommend or
sub-contract foreign language services, but in no way can
warrant the accuracy of any translated pages. Subscribers
must take whatever steps they need to satisfy themselves on
the accuracy of any such translation or whether the content
of any foreign language page contravenes any laws or these
terms and conditions. The subscriber agrees to indemnify Time
Is Ltd and any agent it appoints in accordance with clause 6
below.
VII. Time Is
Ltd reserves absolutely the right to remove any page presence
entry or web site that it hosts, whether the subscriber has
the ability to change its own content or not, that links
directly or indirectly to a web site which in Time Is Ltd's
sole opinion it considers to be distasteful or of an
unacceptable nature i.e. pornography, depicting violence etc.
Any such sites will be reported to the appropriate
authorities where they are deemed to be illegal.
VIII.
Copyright in web pages designed and produced by Time Is Ltd
are owned by a customer once all monies have been paid to
Time Is Ltd to the extent that Time Is Ltd is able to grant
such rights. The Time Is Ltd or other suitable Logo
hyperlinked to the Time Is Ltd Site must remain on the front
page until such time as it has been materially altered.
IX. The
customer or subscriber warrants absolutely that any material
given to Time Is Ltd to work with in the design of a web site
or page presence is the copyright of the relevant customer or
subscriber and agrees to indemnify Time Is Ltd for any
breaches of copyright with third parties.
3. Charges:
I. The
charges made for the provision of services are as stated in
the Application Form being part of the Time Is Ltd brochure
or as agreed in writing or otherwise, save that such charges
are subject to alteration by Time Is Ltd and any such
alterations will be notified to a Subscriber by Time Is Ltd
when acknowledging acceptance of the application for
inclusion of an entry on the Time Is Ltd Web Site. In the
event of any increase in charges so notified to it, a
Subscriber may cancel its application and Time Is Ltd will
reimburse the Subscriber with any sums paid.
4. Payment:
I. Payment
shall be due when returning the Application Form, in advance
of Time Is Ltd providing any of the Services or as agreed by
Time Is Ltd. In the event that charges have increased from
those stated on the Application Form, the Subscriber shall
either cancel the application in accordance with Clause 3
above or shall pay the balance owing within 14 days of the
date of notification of the increase.
All payments made shall
include value added tax at the prevailing rate. If any monies
become overdue for payment Time Is Ltd may:
a) Remove, or not remove
(at Time Is Ltd's discretion), the subscriber LETCHWORTH
online without prejudice to Time Is Ltd's rights to claim
for the monies owed, interest and costs of collection.
b) give extended credit on terms that Time Is Ltd sees
fit without varying these terms and conditions in any
other way.
c) delete without any safeguard any subscriber's web
site, web pages, links, or intellectual property,
graphics designs or hard copy material supplied in
assisting the production of the web site or pages or page
presence entry from our computer servers without
prejudice to Time Is Ltd's rights to claim for the monies
owed, interest and costs of collection.
5. Renewal:
I. Prior to
expiry of the initial subscription period as specified by the
Subscriber on the Application Form, Time Is Ltd shall invite
the Subscriber to renew its subscription for a further
specified period upon payment of the charges ruling at the
time. If the Subscriber notifies Time Is Ltd that it does not
wish to renew the subscription or if it fails to pay the
charges in accordance with the said invitation, Time Is Ltd
reserves the right to remove any details relating to that
Subscriber from the Time Is Ltd Web Site, but not be
obligated to do so. Time Is Ltd may insist on a small removal
fee to be paid in advance, if there is an express wish that
the details be removed.
II. Save in
the circumstances described in Clause 3 Time Is Ltd shall
make no refunds and, in particular, no Subscriber shall be
entitled to a refund where a request is made to Time Is Ltd
to cancel provision of the Services following acceptance of
an Application.
6. Contact:
I. Information
concerning a Customer contained on the Time Is Ltd Web Site
or any customized web site prepared by Time Is Ltd will be
derived from information provided by the Subscriber and it is
therefore the Subscriber's responsibility to ensure that the
information contained in the same is accurate by checking the
web site. Web sites will not be published without the
Subscriber's approval verbally or otherwise, and Time Is Ltd
shall incur no liability for any errors not corrected by the
Subscriber in such proofs.
II. Time Is
Ltd shall not be required to include within any Web Site or
page presence entry any matter which in its opinion is or may
be of an illegal or defamatory nature or which may give rise
to any liability on its part. This will not give grounds for
terminating the agreement by the subscriber in producing the
web site in all other respects or avoiding liability for
charges incurred.
III. The
Subscriber shall keep Time Is Ltd and all of its employees
and agents indemnified from and against all costs, claims,
demands, expenses, fines, penalties and all liability
whatsoever which may be made against Time Is Ltd, its
employees or agents or which such persons may sustain, pay or
incur arising out of or in connection with any illegal or
defamatory matter included on any Web Site regardless in what
language the matter is published for the Subscriber or any
infringement of trademarks (registered or unregistered)
copyright, patent or design. This indemnity is given to Time
Is Ltd for itself and for its employees and agents and as
agent for such employees and agent.
IV. Unless
otherwise agreed any property or material supplied by or on
behalf of the Subscriber in order for Time Is Ltd to provide
the Services will not be returned to the Subscriber.
7. Limitation of Liability:
I. Time Is
Ltd's liability for any loss, injury or damage of any nature
whatsoever, whether direct or consequential, arising out of
or in connection with the provision of the Services whether
arising out of a breach of implied or expressed term,
warranty or condition shall not exceed the amount paid by a
Subscriber in charges in respect of any one year.
8. Force Majeure:
I. Time Is
Ltd shall bear no liability for loss, damage or delay
howsoever arising caused by circumstances outside its
control.
9. Copyright:
I. Copyright
in any works created on behalf of a Subscriber in the course
of provision of the Services shall remain the property of
Time Is Ltd until all monies have been paid.
10. News Material:
I. Any news
material contained in this web site is copyright and belongs
to Time Is Ltd or The Press Association Limited or any
holding company or subsidiary of it, or where so attributed,
to an agency, broadcaster, publisher or other person (the
news provider(s)), and all rights are reserved.
II. Any
person(s), individual or corporate (user), who accesses this
material may do so only for their own personal use, and the
use of this material is at the sole risk of the user.
Distribution or commercial exploitation of news material on
this web site is expressly prohibited.
III. The news
provider(s) give no warranty that the supply of news material
will be uninterrupted or as to the accuracy or to the results
to be obtained from the news material.
IV. Any
access to news material on this web site constitutes an
on-line agreement between the user and the news provider.
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THESE terms and conditions are
construed in accordance with English Law and the parties submit
to the exclusive jurisdiction of the English Courts.
ŠLETCHWORTH online is a trademark
of Time Is Ltd.
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