YOUR ATTENTION IS DRAWN IN PARTICULAR TO PARAGRAPH F (WARRANTY) AND PARAGRAPH G (LIABILITY).
2. You (“You”) are any person and/or company and/or body corporate on whose application LCL provides online advertising opportunities through the site and/or any other means of publication.
3. Certain uses of this Site are prohibited and amount to a misuse of our systems and the Site. Please refer to section 22.
4. You may print and keep a copy of these Terms and Conditions. They are a legal agreement between us and can only be modified with our consent. We may change these Terms and Conditions at our discretion by changing them on the Site. The then current version of these Terms and Conditions will apply whenever you use this Site.
5. No order placed by You shall be deemed to be accepted by LCL until LCL receives the Order Confirmation signed by You.
6. Credit accounts are strictly net and must be settled within 7 days of the invoice date. You undertake to ensure that payment is made in full by the due date.
7. If an invoice is overdue LCL reserves the right to charge interest on the overdue sum in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and to suspend Publication of all Materials submitted by You.
8. LCL may at any time instruct a debt collection agency to recover any outstanding sums due. Any costs or charges incurred by LCL as a result of such instruction will be payable by You to LCL on demand.
9. Cancellations or requests to alter one or more Start Date(s) must be received in writing not less than 30 days prior to the earliest Start Date.
10. You will be liable to pay in full for the campaign to which the Material relates where You fail to comply with section 10.
11. You remain liable for full payment where the Material fails to be delivered by the agreed date.
12. As to access to Content Administration Suite (“CAS”) where applicable:
(a) LCL will provide You with access to a CAS and will issue or confirm relevant user codes and passwords ("Codes") to You.
(b) Any Codes are confidential and You agree to keep them confidential. Any suspected breach of security of the Codes must be notified to LCL immediately.
(c) Material submitted using Your Codes is deemed to be placed by You to whom the codes were issued, in its full knowledge and control.
(d) LCL expressly excludes any liability to You or any third party for any breach of section 12 or for use of any Material submitted using Your Codes without Your knowledge or control.
LCL’s Obligations
13. Subject to receiving the Order Confirmation signed by You, LCL will ensure Publication of the material on the Landlordsclassified.co.uk website and may distribute it through e-mailed services for the term of the campaign as defined in the Order Confirmation, provided that such distribution is in compliance with the law.
14. LCL will provide a hypertext link, as agreed with You, from the Material to Your website, or such other website as has been agreed.
15. LCL agrees not to amend or edit the Material without Your consent other than for the purposes of organising or classifying the Material for the Landlordsclassified.co.uk website.
16. LCL will use its reasonable endeavours to maintain technical access for Users to the Landlordsclassified.co.uk website. However, LCL gives no warranty that access to the Landlordsclassified.co.uk website will be uninterrupted.
17. LCL will use its reasonable endeavours to promote the Landlordsclassified.co.uk services effectively and generate User traffic.
18. LCL expressly reserves the right to refuse, remove, delete and prevent access to all or part of the Material on the Landlordscassified.co.uk at its sole discretion.
19. Positioning of advertisements is at the sole discretion of LCL except where a request for a specific preferred position is agreed between the parties in writing.
20. LCL reserves the right to re-design parts of or the entire website and to re-position advertising and sponsorship accordingly without prior notice.
21. Optimised web pages containing Your company name and information may be submitted to search engines at the expense of LCL.
Your Obligations
22. You agrees to comply with these Terms and Conditions
Permissions and Copyright
23. You hereby grant to LCL the royalty free right and licence to use, reproduce, publish, store, distribute and display the Material worldwide in accordance with these Terms and Conditions. No rights in Your Material shall transfer to LCL under these Terms and Conditions.
24. You grant permission and acknowledge that Material may be used to compile statistical information on You and may in addition be used by LCL to update details of You on LCL's products and services databases.
Material Delivery and Quality
25. You confirm that the Material is not objectionable, including, without limitation, that it is not defamatory, libellous, obscene, threatening, untrue or in breach of the law or advertising industry codes of conduct or any third party rights, including but not limited to third party intellectual property rights.
26. You confirm that the Material is of good editorial quality. Material which in the reasonable opinion of LCL is not of good editorial quality or has spelling or other mistakes may be returned to You for amendment or additional editorial input. Refusal to amend may at LCL's discretion lead to LCL refusing to publish the Material and be deemed by LCL to be a cancellation and subject to the payment provisions therein.
27. You confirm that the Material, including e-mail attachments, is free from computer viruses and has been checked by a recognised virus checking agent.
Content format
28. Images must be supplied to LCL in .gif or .jpeg format.
29. Other Material must be supplied in the format agreed with LCL from time to time.
30. Material must conform to LCL's requirements set out in these Terms and Conditions and the cost or any additional work involved will be charged back to You.
B INTELECTUAL PROPERTY
31. The copyright and all other intellectual property rights in this Site (including all database rights, trade marks, service marks, trading names, text, graphics, code, files and links) belong to us or our licensor(s). Subject to Paragraph C, you may download material from this Site for the sole purpose of using this Site. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Site without our prior written consent.
32. Without limitation to Section 31, the site and/or any other device and/or visual and/or audio presentation created by or for LCL is our registered trademark. You may not use or copy it without our prior written consent.
33. This Site contains links to websites operated by third parties. We have no control over their individual content. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from this Site, you do so at your own risk.
34. The details of the properties available on this Site are provided to us by our affiliated estate agents for your information only. We cannot verify these details and therefore make no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk.
C YOUR OBLIGATIONS AND CONDUCT
35. You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use this Site and that your computer system is compatible with this Site.
36. You must not misuse our system or this Site. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this Site, or attempt to carry out any of the foregoing.
37. You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or this Site, or to search, display or obtain links to any part of this Site, other than the home page at www.landlordsclassified.co.uk, unless the automated program identifies itself uniquely in the User Agent field and is fully compliant with the Robots Exclusion Protocol (a "Permitted Program"). Any such use or attempted use of an automated program (other than a Permitted Program) shall be a misuse of our system and this Site. Obtaining access to any part of our system or this Site by means of any such automated programs (other than a Permitted Program) is strictly unauthorised.
38. You must not include links to this Site in any other website without our prior written consent. In particular (but without limiting the foregoing) you must not include in any other website any “deep link” to any page on this Site other than the home page at www.landlordsclassified.co.uk without our prior written consent.
D REGISTRATION
39. To receive details of properties on this Site, you must submit a completed registration form to us. At our discretion, we may refuse your application for registration. If we accept your application for registration, we will confirm this by sending you an email containing your account ID.
40. Each registration is for a single user only. You may not share your username and password with any other person nor with multiple users on a network.
41. You undertake that all information provided by you for the purposes of registering with us is accurate and complete.
42. You accept sole responsibility for all use of and for keeping secret any account ID and password that may have been given to you or chosen by you for use on this Site. You will notify us immediately of any unauthorised use of them or any other breach of security of this Site of which you become aware.
E BARRING FROM THE SITE
43. We reserve the right to bar users from this Site, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and must not then attempt to use this Site under any other name or through any other user.
F WARRANTY
44. Whilst we endeavour to ensure that any material available for downloading from this Site is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.
45. Due to the nature of software and the internet, we do not warrant that your access to, or the running of, this Site will be uninterrupted or error free. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.
46. The information provided on this Site is for general interest only and does not constitute specific advice. Whilst we endeavour to ensure that the information on the Site is accurate, complete and up-to-date we make no warranties or representations that this is the case.
47. We make no warranty or guarantee that the Site or information available over it complies with laws other than those of England.
G LIABILITY
48. Nothing in these Terms and Conditions will be deemed to exclude our liability to you for death or personal injury arising from our negligence, or for fraudulent misrepresentation.
49. Subject to Section 48, we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
50. Subject to Section 48, we do not accept any liability for loss of your password or account ID caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.
51. We may put in place such systems as we from time to time see fit to prevent automated programs being used to obtain unauthorised access to our system and this Site. You are not permitted to use automated programs for such purposes and any such use or attempted use by you of such automated programs is at your own risk. Subject to Section 48, we shall not be liable to you for any consequences arising out of or in connection with any such use or attempted use of automated programs to obtain unauthorised access to our system or this Site.
52. Subject to Section 48, we accept no liability for any loss suffered as a result of your use of this Site or reliance on any information provided on it and exclude such liability to the fullest extent permitted by law.
53. Subject to Section 48 to 52 inclusive, we shall not be liable to you for:
(a) any indirect, consequential, special or punitive loss, damage, costs and expenses;
(b) loss of profit;
(c) loss of business;
(d) loss of reputation;
(e) depletion of goodwill; or
(f) loss of, damage to or corruption of data
54. When you use the "contact forms" on this Site to enquire about property, your details (including your email address) will be sent by email directly to the estate agent or developer marketing the property or properties that you are enquiring about. We do not accept any liability for any subsequent communications that you receive directly from that estate agent or developer.
H LEGAL JURISDICTION
55. English law shall apply to these Terms and Conditions. You irrevocably agree that the courts of England will have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions.
I NOTICES
56. All notices shall be given:
(a) to us, by registered post at our registered address: 100 New Kings Road, London, SW6 4LX.
(b) to you, by email to the email address that you provide to us at the point of your registration, as may be amended by you on the Personal Details section of this Site from time to time.
All notices sent by email will be deemed to have been received on receipt (or, when received on a UK national holiday or on a Saturday or a Sunday, the next working day following the day of receipt). All notice sent by post will be deemed to have been received 3 working days after the date of posting.
J GENERAL
57. We may from to time to time change the content of this Site or suspend or discontinue any aspect of this Site, which may include your access to it. Subject to our notifying you to the contrary, any amendments or new content to this Site will be subject to these Terms and Conditions.
58. These Terms and Conditions are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us (unless made fraudulently). If a court decides that any part of these Terms and Conditions cannot be enforced, that particular part of these Terms and Conditions will not apply. A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under these Terms and Conditions shall not prevent the exercise of that or any other right. You may not assign or transfer any benefit, interest or obligation under these Terms. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.
