1. Application of Terms and Conditions
1.1 Our website www.tradednetwork.co.uk (Website) provides an online business directory through which any organisation (business, charity, school or club) is able to list and advertise itself to potential customers.
1.2 We offer a free listing service and a number of paid advertising plans.
1.3 These terms and conditions govern the legal relationship between us and the organisations which use our Website.
1.4 The organisation's endeavour (but shall not be legally bound) to sell their services upon the terms (including any promotion of offer given) as stated on our Website but shall otherwise provide their services under their own terms and conditions of trading. Customers agree to purchase the services from an organisation upon the organisation's own terms and conditions of trading.
2.1 In these terms and conditions the following rules of interpretation shall apply:
a) a reference to "writing", includes faxes and emails;
b) a reference to statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted;
c) a reference to "these terms and conditions" is a reference to these terms and conditions as amended or supplemented from time to time;
d) a reference to a clause is a reference to a clause of these terms and conditions;
e) a reference to "including" (or similar expression) shall be construed as illustrative and shall not limit the sense of the words preceding those terms;
f) a reference to a "party" includes its personal representatives, successors or permitted assigns; and
g) a reference to a "person" includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
2.2 The headings used in these terms and conditions are for convenience only and shall have no effect upon the interpretation of these terms and conditions.
2.3 Words imparting the singular shall include the plural and vice versa.
3. Price and Payment
3.1 Other than a free listing, the fee for us providing an organisation with an online service on our Website shall be as listed on our Website and is calculated as an amount plus VAT.
3.2 Other than a free listing, the fee is based on a recurring annual fee that the organisation can cancel at anytime.
3.3 The organisation shall pay the fee at the point of checkout on this Website. The organisation shall be issued with a receipt for payment once the payment provider has collected the payment.
3.4 The payment is automatically renewed upon the anniversary of the organisation originally making payment unless and to the extent that either party has terminated the arrangement in accordance with these terms and conditions.
4. Cancellations and Refunds
4.1 A organisation has the right to cancel its subscription to the Website at any time by contacting us through the Website. Upon cancellation the organisation shall not be entitled to any refund of the annual fee paid under clause 3 above the Business's online directory profile going "live" on the Website.
4.2 The Business is responsible for cancelling any future payments.
5. No Warranty, Guarantee, Endorsement etc
5.1 Neither we nor the charities make any warranty, guarantee, endorsement or other promise as to the quality of any services provided by any organisation or the creditworthiness or value of any organisation on our Website.
5.2 You confirm that you have not relied upon any comment, claim, representation or statement whether written, oral or howsoever made by any of our representatives save as to the extent the same is expressly set out in these terms and conditions.
6. Right to Amend and Alter
6.1 This Website and any information (including sales literature, price lists and other documents) issued by any organisation in relation to its services are subject to alteration without notice and do not constitute offers to sell to Customers which are capable of acceptance. No contract for the sale of any services by organisation through this Website shall be binding on the organisation unless and until a formal quotation has been issued, which is expressed to be an offer to sell to the Customer.
6.2 Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information published on this Website shall be subject to correction without any liability on the part of the organisation or indeed us.
6.3 We reserve the right (at our sole discretion) to reject, remove and/or amend any organisation online directory listings, written posts, text, graphics or other material submitted for inclusion on our Website.
7. Limitations of Liability and Indemnity
7.1 We accept no responsibility or liability whatsoever for any transactions which take place between organisation and Customers however arising, nor do we accept any responsibility or liability for any loss suffered by any Customer or organisation or any other user of the Website howsoever caused. We do not accept any liability for any feedback posted on the Website from Customers, visitors or other users of the Website.
7.2 A organisation agrees to indemnify and hold us harmless for any loss suffered by us as a result of any action brought against us as a result of the organisation's entry on the Website, the material contained therein or any service or product supplied by the organisation.
7.3 We shall not be liable for any temporary downage of our Website occurring from time to time although we shall use our reasonable endeavours to remedy the situation as soon as reasonably practicable so as to cause minimum disruption to the organisation and other users of the Website.
8.1 We may assign our rights under these terms and conditions (or any part of them) to any person without the prior written consent of the organisation.
8.2 The organisation shall not be entitled to assign its rights under these terms and conditions (or any part of them) without our prior written consent.
9. Consumer Rights
The provisions of these terms and conditions are in addition to and do not affect a Customer's statutory rights as a consumer (if applicable). The legal relationship between us and any organisation shall be governed by the applicable laws applying to business to business relationships and no additional rights of the Business or obligations of us shall apply save as expressly stated within these terms and conditions.
10.1 All notices under these terms and conditions shall be in writing.
10.2 Notices shall be deemed to have been duly given:
a) when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; or
b) when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated (provided a copy is also sent by recorded or special delivery); or
c) when published on our website; or
d) on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
e) on the tenth business day following mailing, if mailed by airmail, postage prepaid.
10.3 All notices under this Agreement shall be addressed to the most recent address, email address, or fax number notified to the other Party.
11. Force Majeure
No party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
The Parties agree that no failure by any party to enforce the performance of any provision in these terms and conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
The parties agree that, in the event that one or more of the provisions of these terms and conditions are found to be unlawful, invalid or otherwise unenforceable, that those provisions shall be deemed severed from the remainder of these terms and conditions. The remainder of these terms and conditions shall be valid and enforceable.
14. Third Party Rights
A person who is not a party to these terms and conditions shall have no rights to enforce them pursuant to the Contracts (Rights of Third Parties) Act 1999, or otherwise.
15. Law and Jurisdiction
15.1 These terms and conditions and the legal relationship between the parties (including any non-contractual matters and obligations arising there from or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
15.2 Any dispute, controversy, proceedings or claim between the parties relating to these terms and conditions (including any non-contractual matters and obligations arising there from or associated therewith) shall fall within the exclusive jurisdiction of the courts of England and Wales.
16. Acceptance of these terms and conditions
By placing an order with the us through our Website the Business hereby agrees to be bound by these terms and conditions and any associated terms incorporated in the order specification. The Business should not place an order with us if it does not wish to be bound by these terms and conditions.