1. Terms of website use
This page explains the terms of use on which you may make use of the Gpages
website. Please read these terms of use carefully before you start to
use the site. By using this website, you indicate that you accept these
terms of use and that you agree to abide by them. If you do not agree
to these terms of use, please refrain from using the Gpages website.
Accessing Our Website
Access
to our website is permitted on a temporary basis, and we reserve the
right to withdraw or amend the service we provide on our website
without notice (see below). We will not be liable if for any reason our
website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our website, or our entire website.
If
you provide us with, a user identification code, password or any other
piece of information as part of our security procedures, you must treat
such information as confidential, and you must not disclose it to any
third party. We have the right to disable any user identification code
or password, whether chosen by you or allocated by us, at any time, if
in our opinion you have failed to comply with any of the provisions of
these terms of use.
When using our website, you must comply with the provisions of our acceptable use policy .
You
are responsible for making all arrangements necessary for you to have
access to our website. You are also responsible for ensuring that
all persons who access our website through your internet connection are
aware of these terms, and that they comply with them.
Intellectual Property Rights
We
are the owner of all intellectual property rights on our website, and
of the material published on it. Those works are protected by
copyright laws and treaties around the world. All such rights are
reserved.
Gpages may contain Google Maps
images which are protected by copyright. Unauthorised
reproduction may lead to prosecution and/or civil proceedings. Click here for Google Maps full terms and conditions .
You may print off one copy of any Gpage(s)
from our website for your personal reference and you may draw the
attention of others to material posted on our website without limit .
You
must not modify the paper or digital copies of any materials you have
printed off or downloaded in any way, and you must not use any
illustrations, photographs, video or audio sequences or any graphics
separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged.
If
you print off, copy or download any part of our website in breach of
these terms of use, your right to use our website will cease
immediately and you must, at our option, return or destroy any copies
of the materials you have made.
Reliance On Information
The
website contains material, comments and information submitted and
created by third parties. They are not intended to amount to advice on
which reliance should be placed. We therefore disclaim all liability
and responsibility arising from any reliance placed on such materials
by any visitor to our site, or by anyone who may be informed of any of
its contents.
We do not endorse commentary and other materials posted on our site. It does not necessarily reflect our opinions or policies.
Updating Gpages
We
aim to update our website regularly, and may change the content at any
time. If the need arises, we may suspend access to our website, or
close it indefinitely. Any of the material on our website may be out of
date at any given time, and we are under no obligation to update such
material.
Every Gpage customer will be given the opportunity to review the content of their own Gpage and update or amend it at annual renewal. We will aim to update a customers Gpage more frequently where the customer has chosen to pay an additional administration fee. Please see Subscriber terms and conditions below.
Liability
The
material displayed on our website is provided without any guarantees,
conditions or warranties as to its accuracy. To the extent permitted by
law, we, other members of our group of companies and third parties
connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any
liability for any direct, indirect or consequential loss or damage
incurred by any user in connection with our website or in connection
with the use, inability to use, or results of the use of our website,
any websites linked to it and any materials posted on it, including,
without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- for
any other loss or damage of any kind, however arising and whether
caused by tort (including negligence), breach of contract or otherwise,
even if foreseeable.
This
does not affect our liability for death or personal injury arising from
our negligence, nor our liability for fraudulent misrepresentation or
misrepresentation as to a fundamental matter, nor any other liability
which cannot be excluded or limited under applicable law.
We
exclude all liability for any illegality arising from or error,
omission or inaccuracy, in material posted on or linked to our
website by third parties and we take no responsibility for such
material. We make no warranties, express or implied, as to the
content or to the accuracy and reliability of the material or any
content or information that you transmit to other users of the
website. We are not responsible for the conduct, whether online
or offline, of any user of our website.
Information About You
We process information about you in accordance with our privacy policy. By using our website, you consent to such processing and you warrant that all data provided by you is accurate.
Viruses, Hacking and Other Offences
You
must not misuse our website by knowingly introducing viruses, trojans,
worms, logic bombs or other material which is malicious or
technologically harmful. You must not attempt to gain unauthorised
access to our website, the server on which our website is stored or any
server, computer or database connected to our website. You must not
attack our website via a denial-of-service attack or a distributed
denial-of service attack.
By
breaching this provision, you would commit a criminal offence under the
Computer Misuse Act 1990. We will report any such breach to the
relevant law enforcement authorities and we will co-operate with those
authorities by disclosing your identity to them. In the event of such a
breach, your right to use our website will cease immediately.
We
will not be liable for any loss or damage caused by a distributed
denial-of-service attack, viruses or other technologically harmful
material that may infect your computer equipment, computer programs,
data or other proprietary material due to your use of our website or to
your downloading of any material posted on it, or on any website linked
to it.
Linking To Our Website
You
may link to any of our webpages, provided you do so in a way that is
fair and legal and does not damage our reputation or take advantage of
it, but you must not establish a link in such a way as to suggest any
form of association, approval or endorsement on our part where none
exists.
You
must not establish a link from any website that is not owned by you, or
where you do not have the owners permission, or where establishing such
a link would be in any way harmful or detrimental.
Our
website must not be framed on any other website. We reserve the right
to withdraw linking permission without notice. The website from which
you are linking must comply in all respects with the content standards
set out in our acceptable use policy.
Links From Our Website
Where
our website contains links to other websites and resources provided by
third parties, these links are provided for your information and
convenience only. We have no control over the contents of those
websites or resources, and accept no responsibility for them or for any
loss or damage that may arise from your use of them.
Jurisdiction And Applicable Law
The
English courts will have non-exclusive jurisdiction over any claim
arising from, or related to, a visit to our website although we retain
the right to bring proceedings against you for breach of these
conditions in your country of residence or any other relevant country.
These
terms of use and any dispute or claim arising out of or in connection
with them or their subject matter or formation (including
non-contractual disputes or claims) shall be governed by and construed
in accordance with the law of England and Wales.
Variations
We
may revise these terms of use at any time by amending this page. You
are expected to check this page from time to time to take notice of any
changes we may make, as they are binding on you. Some of the provisions
contained in these terms of use may also be superseded by provisions or
notices published elsewhere on our site.
Your Concerns
If you have any concerns about material which appears on our website, please contact customerservices@gpages.co.uk
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2. Subscriber Terms and Conditions
The following conditions relate to businesses subscribing to a Gpage. For more information about the terms of usage relating to visitors to our website please see our terms of website use above .
Standard Conditions
Important:
Please read these Standard Conditions carefully before you order or
make Payment. Please pay particular attention to those conditions which
limit our liability or affect your obligations to us.
Definitions
Agreement:
the binding agreement between you and us comprising the Order, the
Subscription payment, and these Standard Conditions and any variations
agreed. These Standard Conditions shall apply to each discrete Gpage
contained in an Order.
Copy:
the text or description of your business to be included on the Gpage which you specify.
Gpage:
a SEO profile of your business advertising it online as specified in the Order.
Keywords:
the descriptive-style terms and phrases relating to your business, products, services or location.
Order:
the online form on which you submit details of the Gpage required.
Search Engine:
a tool designed to search for information on the World Wide Web, which
can be searched by name or keyword (subject) and location.
Search Engine Optimisation (SEO)
the process of improving the volume or quality of traffic to a website
from search engines via "natural" ("organic" or "algorithmic") search
results .
Search Engine Submission
the manual submission to major search engines and directory-style
listings containing URL of the Gpage and brief description of the
business which links to the Gpage for that business.
We:
Gpages, who are a trading style of Net-Sites Ltd, registered office: The Bunglow, North Road, Whitland, SA34 0AU.
You:
the individual, firm or company named on the Order who wishes to purchase the Gpage.
Variations to the Conditions
Any
variations to this Agreement and any special terms will only be
effective if set out in a written format (including email) issued by us
or agreed by a director of Net-Sites Ltd. Only such a director is
authorised by us to make any representations about the Agreement or any
matter relating to it.
Commencement and Duration
The
Agreement shall not come into existence until we have emailed you a
written acceptance of your Order and it shall continue for the duration
of the Gpage.
We
do not give or make any warranty, condition or undertaking as to the
duration of the lifetime of any Gpage, however the minimum contract
term is 12 months, and we would reasonably expect to display your Gpage
online for that period.
Our rights and responsibilities
- We
agree to publish the Gpage online in accordance with your submitted
copy, but we can make any changes to the Gpage we consider necessary.
- Your
business name, address and telephone details as shown on the Order will
be published as part of the Gpage and also your business name, address
and location will be included in the hidden keywords on your Gpage.
- We will incorporate your business name on our Search Site index page with a direct link to your Gpage.
- On
our Search Site page, the list of Gpages will be displayed in
alphabetical order, and they will also be searchable by name or keyword
on Google Search of the Gpages website. Apart from this, the position
of any Gpage within Google web search results will be based primarily
on relevance of the search term or keyword, and where any particular
Gpage is ranked in the search results listing of any search engine
including Google, is not within Gpages control.
- We
will submit your Gpage to all the major search engines including
Google, with a brief description of your business including relevant
Keywords.
- You
acknowledge and accept that we do not make any representations or
warranties that your Gpage will appear on any particular search engine,
or in any particular position or priority, or the frequency in which it
may appear, all of which depend on rules set by the individual search
engines. We therefore offer no guarantees as to how high any particular
Gpage may appear on any particular search engine ranking.
- With
regard to Gpages being an online service, you acknowledge and accept
that computer and telecommunications systems may sometimes require
periods of downtime for repair, maintenance and upgrading and,
therefore, we cannot guarantee uninterrupted availability. However,
where it is within our control, we will try to keep any periods of
downtime to a minimum. Gpages is provided with reasonable skill and
care, but is otherwise provided on an “AS IS” and “AS AVAILABLE” basis
without warranties of any kind either express or implied.
- We make no representations or warranties with regard to the availability or accessibility of any search engines.
- We
can decide not to publish Gpages online. In this situation you will be
entitled to a full refund of any money you have paid for any Gpage
which would have appeared on the Gpages website, but you will not be
entitled to any other compensation or damages.
- We
do not have to publish or display the whole or any part of a Gpage if
we consider it is unacceptable for publication for some reason,
including that it may infringe the legal rights of others or subject us
to claims, prosecution, criticism or cause us embarrassment. In respect
of Keyword suggestions, we reserve the right to edit, refuse or remove
any keyword or search term at any time at our absolute discretion.
- We
will be entitled to prevent the display of your Gpage if you fail to
make any payment in respect of it or in respect of any online advert or
promotion, including Google Local Business Centre submissions to Google
Maps, which is purchased either at the same time as the Order or
seperately afterwards.
- We
will not be liable for any disruption or delay in producing or
publishing online a Gpage, or in submitting the Gpage to search engines
or for failing to perform our duties under this Agreement if the
failure is caused by circumstances beyond our control.
- We accept the Copy from you on the understanding that you have unconditionally approved the Copy for online publication.
Your rights and responsibilities
- The
Copy you provide must be accurate, approved, legal, decent, honest and
truthful and if applicable it must meet the standards of the
Advertising Standards Authority. You must own or have authority to use
any trade name, trade mark, British Standard Mark or other quality
assurance mark, logo or other material that is used or referred to in
the Copy. You must own the copyright in the Copy and the Copy must not
infringe the copyright any third party has in the Copy. The Copy must
not infringe the rights or pass off the goodwill of any third party.
You must be authorised to use any logo or name of any trade association
you use in the Copy and you must be a paid up member of the trade
association. In respect of the hidden Keyword selection, you grant us
all such rights in any content as shall be necessary for us to provide
the relevant Keywords to users including the right to display such
content on our website and a right to link our website including your
Gpage to other websites. You agree not to transmit at, or by any link
from, the Gpage, any unlawful, defamatory, abusive, pornographic,
vulgar, harmful, racist or otherwise offensive material of any kind.
- If
your activities, conduct or advertising and promotion fall within the
regime regulated by the Financial Services Authority, you undertake and
warrant to us that you are registered in the conduct of your business
by the Financial Services Authority if you are required to be so
registered and that the content of each Gpage has been approved by a
person authorised to approve advertisements under the financial
services regulatory regime.
- You
confirm and warrant that (i) the business you are advertising is
lawful, (ii) you have obtained all appropriate licences, permits or any
other regulatory consents required to operate the business you are
advertising, and (iii) advertising your business in the manner agreed
with us will not result in a breach of any law or regulation by you, us
or any third party.
- If you want to change part of the Copy you must email written details of the change to our Customer Services
section at Gpages. Changes after the initial 14 day period when a Gpage
is first online, will be be visible online within 14 days of a request
being received. An administration fee of £10 (+VAT) will be payable for
all such requests. No charge will be made if the request to change the
Copy is made at the time of annual renewal.
- You
must notify us if your Gpage results in error pages or dead links at
any time. We reserve the right to suspend or amend, without liability,
the Gpage that links to such a website.
- We
cannot guarantee a paper proof of your Gpage, but we will endeavour to
provide a link by email to your Gpage for you to approve before it is
submitted to any search engines. You should respond with any requested
changes within one week after which time the search engine submission
process will continue as it will be taken that you have agreed and
accepted the Gpage as correct and suitable.
- Payment
under this Agreement is due on the date of Order of your Gpage. If you
have chosen to pay by quartertly instalment, payments will be made in
accordance with the online payment process and taken automatically.
- After
submitting the Order, you must pay us the amount (inclusive of VAT)
applicable to the payment method chosen and which is set out on the
Payment page and in the Order. The payment is not refunded if you then
cancel the Order after 7 days.
- You
must pay the amount we invoice you for, using the payment method
specified in the Order. If you do not make any payment or instalment
due under this Agreement or any other contract between us, we can keep
all sums you have already paid and you will immediately have to pay us
all outstanding amounts. We may also (without prejudice to our other
rights) immediately terminate this Agreement or any other order from
you. Interest at a rate of 1.5% per month will be applied to any amount
you have not paid after 30 days from the due date of payment (unless
the law prevents us from charging interest). We can charge you any
reasonable administration and legal costs for recovering the amounts
you owe. If you owe us any sum of money, we may deduct that amount from
any sum which we may owe you at any time under this Agreement or any
other agreement we have with you.
- You
shall indemnify us, our employees and agents against all proceedings,
claims, demands, expenses, losses and/or damages arising from any
breach of this Agreement by you or from processing or publishing any
information or material you gave us or from distributing your Gpage
online including any claims arising as a result of defamation,
illegality, false description or breach of any third party rights.
- The
Order must be placed in the ordinary course of your business and the
Gpage must be for your own business. You must not sell or transfer your
rights to the provision of advertising under this Agreement to any
other party.
Cancellation
- In
addition to any statutory rights you may have to cancel your Order, you
may cancel your Order by giving notice either by email or in writing to
Customer Services at our registered office.
- If
we receive notice to cancel an order within 7 days of the date and
payment of the Order we will only act on this notice to cancel a Gpage
if you pay a cancellation fee which will be equal to 20% of the
standard annual charge (currenty £60) for a Gpage plus VAT. We cannot
accept a request to cancel the Order if we receive the request after
the Gpage has been completed and you have already been notified that it
is available to view online. Please note that Gpages does not charge
for any amendments or alterations to a Gpage if requested within the
first 14 days of placing an Order or annual renewal.
- Should
you wish to cancel your Order after the 7 days and within the 12 month
minimum contract period then there will be no refund of any amount
already paid.
- We
will notify you in advance of each annual renewal becoming due, and if
you wish to cancel you should notify us at least 7 days before any
scheduled recurring payment is made, otherwise the payment may be taken
and a refund issued afterwards.
Our liability
- If
there is an error in, or omission from, the published or displayed
Gpage, or the Gpage is not published online, you will be entitled to a
refund of part or all of the sum you have paid for the Gpage concerned,
and it will be a fair and reasonable amount considering the nature of
the error in line with our service guarantee and the period of time
that the error was uncorrected.
- You
will not be entitled to a refund for any mistake that was apparent from
viewing the Gpage online at the time when it was first created or
amended, unless you told us about the mistake in writing (or by email)
within the first 14 days.
- If
you become entitled to a full refund, instead of taking the refund, we
could insist that the correct Gpage is provided free of charge for the
following year.
- Our
only liability (if any) under this Agreement will be to provide a
refund or to publish the correct Gpage without charge for a further
year. We will not be liable for any direct or indirect or consequential
loss or damage including loss of business, revenue or profits or
financial loss of any kind arising from any mistake in or material
missing from the published Gpage, or from not displaying it online, or
submitting it for distribution to search engines, even if resulting
from our negligence.
- We do not exclude or restrict liability for death or personal injury arising from our negligence.
Agreement
This
Agreement sets out the entire agreement and understanding between you
and us and it replaces all previous agreements, arrangements and
understandings between us. You are not entering into the Agreement or
any part of the arrangements by relying upon the statements or
warranties that are not set out in the Agreement. This Agreement shall
be construed in accordance with and governed by the Laws of England and
the parties hereto submit to the non-exclusive jurisdiction of the
English Courts.
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3. Acceptable use policy.
This
acceptable use policy sets out the terms between you and us under which
you may access our Gpages website. This acceptable use policy applies
to all users of, and visitors to, our site.
Your
use of our website means that you accept, and agree to abide by, all
the policies in this acceptable use policy, which supplement our terms of website use .
Subscription
In
order to subscribe to our services on our website you should be over 18
years old and provide your own valid email address and all other
information requested in the submission process.
Prohibited Use
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards .
- To
transmit, or procure the sending of, any unsolicited or unauthorised
advertising or promotional material or any other form of similar
solicitation (spam).
- To
knowingly transmit any data, send or upload any material that contains
viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware,
adware or any other harmful programs or similar computer code designed
to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use .
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
Content Standards
These
content standards apply to any and all material which you as a
subscriber may contribute to our website (contributions), and to any
interactive services associated with it.
You
must comply with the spirit of the following standards as well as the
letter. The standards apply to each part of any contribution as well as
to its whole.
Contributions must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and Termination
We
will determine, in our discretion, whether there has been a breach of
this acceptable use policy through your use of our website. When a
breach of this policy has occurred, we may take such action as we deem
appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms of website use upon which you are permitted to use our website, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our website.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our website.
- Issue of a warning to you.
- Legal
proceedings against you for reimbursement of all costs on an indemnity
basis (including, but not limited to, reasonable administrative and
legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We
exclude liability for actions taken in response to breaches of this
acceptable use policy. The responses described in this policy are
not limited, and we may take any other action we reasonably deem
appropriate.
Changes To The Acceptable Use Policy
We
may revise this acceptable use policy at any time by amending this
page. You are expected to check this page from time to time to take
notice of any changes we make, as they are legally binding on you. Some
of the provisions contained in this acceptable use policy may also be
superseded by provisions or notices published elsewhere on our website.
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