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TERMS AND CONDITIONS OF USE

The Phonebook Directories Online Limited trading as thephonebook.co.uk

1 Our contract

By using or registering on our site you enter into a binding contract with us on the following terms and conditions.

2 Our promise to you

2.1 We will permit you to access, use and interact with our site subject to these terms and conditions.
2.2 We will:
2.2.1 exercise reasonable care in compiling our site;
2.2.2 use reasonable efforts to make our site available to you at all times; and
2.2.3 take the steps set out in our privacy policy to endeavour to secure any personal data and credit card information you give us

3 Exclusions and limitations

3.1 We do not represent or warrant that access to our site, or any part of it will be uninterrupted, reliable or fault free.
3.2 We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable
3.3 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
3.3.1 any technical, factual, textual, or typographical inaccuracies, error or omissions on or relating to our site or any information on our site;
3.3.2 the unavailability of our site (or any part of it), or services;
3.3.3 any delay in providing, or failure to provide or make available, services;
3.3.4 any misrepresentation on or relating to the services (other than a fraudulent misrepresentation made by us or on our behalf).
3.4 Our maximum liability to you in respect of your use of our site or any services we provide or make available to you through or in relation to our site will be nil. You agree that we shall have no liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property.
3.5 None of the exclusions or limitations in this clause [3.4] shall exclude or restrict our liability for death or personal injury caused by our negligence.
3.6 None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the re-supply of our site, or service to you.
3.7 Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.

4 Site subscription/ Registration

4.1 Site subscription/ registration is free to all site users.
4.2 If you use this site as a subscriber and you fail at any time to comply with these terms and conditions we may, in our sole discretion and without prejudice to our other rights, deny you access to those areas of our site which are exclusively available to subscribers. We need not provide you with advance notice in such circumstances.
4.3 As a site user you agree to abide by the terms and conditions set out by our site partners and all other terms and conditions set for additional services provided by us which we may amend at any time without prior notice.
4.4 Advertising Period This is a rolling agreement where the phonebook system automatically generate 12 months terms (except where promotions apply), unless written notice, under the standard “required notice period” of 30 days, is given at month 11 of each given advertising period,with invoices produced accordingly. If no notice is received we will automatically raise an invoice for a further year. Once the invoice has been raised there will be an administration/cancellation fee of 50% of the total value of the invoice. If a credit or debit card is on file with us, you agree that we are entitled to automatically take payment via that device. If payment is not received via this process we will raise an invoice and reserve the right to pursue any outstanding invoice through the appropriate legal channels. You agree that any package of ours purchased under a promotion at a discount price for the first year will be charged at the full current price for all subsequent years as set out on the price list.
4.5 Click Through Due to the wide product range requirements of our site user Thephonebook.co.uk can make no guarantees as to the amount of traffic generated to a specific product category or prominent advert.

5 Links to other sites

5.1 Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your own convenience and the inclusion of any link does not (in any way) imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.
5.2 The reproduction, copying, downloading, storage, recording, broadcasting, retransmission and distribution of any of the maps and digital data shown on this site is not permitted without prior written consent of Multimap.com. The user does not receive any, and Multimap.com retains all, ownership rights in the map information. The information is copyrighted and may not be copied, even if modified or merged with other data or software. The user shall not alter or remove any copyright notice or proprietary legend contained in or on the information. Multimap.com and its data providers make all reasonable efforts to ensure that information contained in our site is as accurate as possible. However, the mapping services are provided "as is" without warranty of any kind, either expressed or implied, arising by law or otherwise, including but not limited to warranties of effectiveness, completeness, accuracy, or fitness for a particular purpose. Both Multimap.com and The Phone Book.co.uk shall have neither liability nor responsibility to any person or organisation with respect to any loss or damage arising from use of the mapping information on this site.

6 Termination of subscription

6.1 If you are a subscriber/ registered user we may terminate your subscription immediately if you are in material breach of any of these terms and conditions. You may terminate your subscription at any time on 30 days notice to us.
6.2 Any rights that have accrued to either party at the date of termination will remain enforceable after termination.

7 No commercial use

7.1 You agree that you will use our site only for your own purposes and that you shall not exploit or use our site or any of its contents for any commercial purpose (save where specifically permitted by us).

8 General

8.1 Third party rights
8.1.1 Where in these terms representations and warranties are made to us and to suppliers of goods and services through our site, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, all such suppliers and that each such supplier may rely upon and enforce such representations and warranties against you by virtue of the Contracts (Rights of Third Parties) Act 1999.
8.2 Variations
8.2.1 We reserve the right at any time without notice to revise the content of our site (including the services offered by us including the partial or complete withdrawal of our services) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use.
8.3 Credit card security and registration
8.3.1 We use a secure server that implements SSL encryption integrated with Barclaycard, provided to prevent any person from gaining access to your credit card or registration information whilst it is on our site or being transmitted across the internet.
8.3.2 If you discover that goods or services have been ordered from a supplier over our site using your credit card details in circumstances where you had not agreed to or authorised this then (provided you have not, through failure to take reasonable care, allowed an unauthorised person to gain access to your credit card details, purchaser ID or password) our suppliers are required to refund to you the money they receive provided that:
8.3.2.1 you inform your credit card company and us of the unauthorised purchase as soon as you discover it; and
8.3.2.2 you co-operate with your credit card company, the supplier, if and, us necessary, the police in relation to the unauthorised use.
8.4 Taxes
8.4.1 We have made every effort to make clear whether the quoted prices for the services available through our site include any relevant tax or duty or do not. Where in any case it is not clear please note before you make an order that you might be required to bear a liability to tax or duty (for example value added tax) imposed by the supplier or by operation of law that is in addition to the price.
8.5 The use of your information 8.5.1 You agree that we may collect, store, and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy.
8.6 Copyright
8.6.1 All rights in the design, text, graphics and other material on our site and the selection or arrangement thereof are the copyright of us or other third parties. Permission is granted to electronically copy and print in hard copy portions of our site solely in connection with the acquisition of goods or services through our site. Any other use of materials on our site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited.
8.6.2 You hereby grant to us a perpetual royalty-free, irrevocable licence to copy, issue copies, communicate to the public, make publicly available and include in a cable programme service (either in whole or in part or in a modified or edited form) any material you up-load or post to our site (whether to a chat room, classified bulletin board or otherwise). You acknowledge and agree that such material is not up-loaded or posted subject to any obligation of confidence.
8.7 Trade marks
8.7.1 We are the proprietor of the Phonebook.co.uk "more than a directory online" trademark in the UK and other countries. All other trade marks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder’s rights.
8.8 Access
8.8.1 We reserve the right in our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide the service to any user that is in breach of these terms and conditions of use.
8.9 Events beyond our control
8.9.1 We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control including, without limitation, strikes, terrorism, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.
8.10 Applicable law and jurisdiction
8.10.1 These terms and conditions (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation) shall be governed by and interpreted in accordance with English law and, for these purposes, The Phone Book Directories Online Limited and all users and subscribers to his site irrevocably submit to the exclusive jurisdiction of English courts.
8.11 Unenforceability
8.11.1 The enforceability or otherwise of any provisions of these terms and conditions shall not affect the enforceability of the rest of these terms and conditions.
8.12 Entire agreement
8.12.1 These terms and conditions together with our current website prices and privacy policy, set out the whole of our agreement relating to the supply of services by this website to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any services offered by us. Save for fraud or fraudulent misrepresentation we shall have no liability for any such representation being untrue or misleading.
8.13 General disclaimer of liability for content
8.13.1 The Phone Book Directories Online Limited is providing this site on an "as is" basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties. In addition, The Phone Book Directories Online Limited makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors. All liability of The Phone Book Directories Online Limited howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
8.13.2 Neither The Phone Book Directories Online Limited nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this site. This is a comprehensive, limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
8.13.3 Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit The Phone Book Directories Online Limited liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
8.14 General intellectual property disclaimer
8.14.1 We are the proprietor/exclusive licensee of the The Phonebook.co.uk trademark. All other trademarks, brand names, product names and titles and copyrights used in this site are trademarks, brand names, product names or copyrights of their respective holders. No permission is given by The Phone Book Directories Online Limited in respect of the use of any of them and such use may constitute an infringement and holder’s rights. (The trade marks act 1994)

9 Definitions In these terms and conditions

9.1 "our site" means our presence on the Internet;
9.2 "our", "we" and "us" means The Phone Book Directories Online Limited and, where applicable, its officers, employees and authorised agents; and "you" and "your" include any business with which you are associated and on behalf of which you use our site ("your business").