Every attempt has been made to use clear and concise language in these terms and conditions, "Terms". If any terminology has been used which is not fully understood, please feel free to contact us for clarification.
By completing and submitting the registration form, You accept these Terms and agree to be bound by them. They will govern Your dealings with Factivities.co.uk, including use of the website at www.factivities.co.uk, the "Site", and any associated services, such as the Directory Listing Service described below.
Agreement
Your contract is with Factivities.co.uk, "Factivities", Unit 6, Windmill Business Village, Brooklands Close, Sunbury on Thames, Middlesex, TW16 7DY.
The "Directory Listing Service" relates to the storing and editing of information by Factivities and its display on the Site.
"You/Your" means the entity registering for the Directory Listing Service.
By completing the registration form You warrant that:
- You are over 18 years old; and
- You have provided complete and accurate information in the registration form; and
- You agree to be bound by these Terms or that You are authorised to bind the legal entity that You represent to these Terms.
Once You have registered Your company by completing the registration form online, Factivities will begin to provide the Directory Listing Service. You are entitled to cancel the Directory Listing Service (and Your membership) at any time; however refunds will only be permitted in exceptional circumstances and at the sole discretion of Factivities management (unless we fail to remedy any material breach of our obligations under these Terms).
Your Information
Factivities will collect the information submitted by You, "Your Information", and maintain Your account with the Directory Listing Service. You agree that Factivities has the right to use Your Information for the purposes of providing You with the Directory Listing Service.
Factivities' use of Your Information will be according to the Factivities Privacy Policy.
In consideration of your inclusion on the Site and the provision of the Directory Listing Service, You hereby grant to Factivities a non-exclusive, royalty free, irrevocable licence to use any and all content submitted by You, "Content", for the purposes of promoting and advertising Factivities' Site, services and business.
Fees
Upon registering, You will be automatically provided with a Free Listing membership. You will not be charged a fee for this service however if you wish to upgrade to a Web Listing or Premium Listing membership and/or order any additional promotion services, you will be required to pay a fee which is specified on the Site prior to placing an order.
You acknowledge that the pricing structure for the Directory Listing Service may be changed at any time. Factivities will give You 30 days prior written notice of any change and this will not apply to any membership subscription You have purchased in advance.
You are entitled to remove your listing(s) from the Site or cancel your membership at any time; however we will not issue refunds for any membership subscription remaining. You are also able to temporarily suspend promotions or completely remove them from the Site; however we will not issue refunds for any unused or remaining period in the promotion.
Warranties
You warrant and represent that:
- Your Content is to the best of your knowledge accurate and that You have taken due care and attention to ensure that it is kept up to date; and
- You permit, and have the right to permit, Factivities to use the Content for the purposes of the Directory Listing Service and that You are solely responsible and liable for all Content and any associated websites; and
- Your Content and any associated websites comply with all applicable laws and regulations, do not infringe any third party rights (including intellectual property rights) and are not defamatory; and
- You have obtained and will maintain all necessary consents, licences and approvals relating to the Content and to the content on any associated websites; and
- You will not use the Site or any Factivities services for any commercial schemes of any kind or send or be involved in the sending of any unsolicited commercial communications or be engaged in spamming, spoofing or flooding or the sending of anything containing any virus, trojan horse, worm, data bomb, logic bomb or similar component.
You agree to indemnify and keep Factivities indemnified against any claim, loss, damage, cost or expense (including reasonable legal fees) arising out of any breach by You of this Clause.
You expressly agree that Your use of the Directory Listing Service is at Your sole risk. The Directory Listing Service is provided on an 'as-is' and 'as and when available' basis.
Disclaimers and Limitations on Liability
Factivities shall not be responsible for:
- content removed or excluded from the Site or services for any reason; or
- any claim, loss, damage, cost or expense arising from the discretionary removal or exclusion of content from the Site or services; or
- user comments, reviews, photos or videos on the Site; or
- delays or failure of performance resulting from Internet Service Provider delivery problems or failure; or
- acts or causes beyond its control, including but not limited to: war, threat of war, industrial dispute, fire, adverse weather conditions, communications line or equipment failures, power failures, earthquakes, or other disasters.
Factivities makes no representation or warranty that your submitted content will be a search result to user queries, or that Your submitted content will rank in any particular placement for such user queries. Factivities reserves the right to remove or exclude any Content from the Site without notice.
Factivities will manage the Site and associated services with due care and attention, and will endeavour to remedy any problems within 30 days of receiving notice of such problem.
Notwithstanding anything to the contrary in these Terms, neither party excludes or limits liability to the other party for death or personal injury caused by its negligence or any deceit or fraudulent misrepresentation for which that party is liable at law or any liability the exclusion or limitation of which is expressly prohibited by statute.
To the extent permitted by law, Factivities and any of their respective members, affiliates, service providers, or licensors exclude liability for any indirect, special, incidental or consequential loss or damage, or for interrupted communications, lost or corrupted data or loss of business, profits, contracts or goodwill, arising out of or in connection with the Site or any associated services provided by Factivities, including without limitation the Directory Listing Service whether or not advised in advance of the possibility of any such loss.
Subject to the above exceptions and exclusions, the maximum aggregate liability of Factivities with respect to the Site, any associated services and/or with respect to any liability arising in respect to these Terms, shall not exceed the total amount paid to Factivities by You from the date of our acceptance of Your registration to the date of the event or default in respect of which liability is claimed.
Terms and Termination
These Terms commence with our acceptance of Your completed registration form and shall continue unless or until terminated in accordance with these Terms.
You may terminate these Terms at any time by notifying Factivities by email or post, using the details listed on the Contact Us page. Factivities shall be entitled to retain all monies received prior to termination.
Either party may terminate these Terms immediately by written notice to the other if the other party:
- files a petition for bankruptcy, becomes insolvent or has a receiver, trustee, liquidator or administrator appointed to it or any part of its assets, makes an assignment for the benefit of its creditors, or if any proceedings for the relief of debtors are commenced against it; or
- fails to remedy any material breach of its obligations, under these Terms, within 30 days of receipt of notice, identifying the breach and remedy required.
Complaints Procedure
Should you be unhappy with any aspect of the Directory Listing Service you should notify Factivities immediately so that we have an opportunity to rectify the problem.
If you continue to be dissatisfied and wish to complain formally, this should be done in writing and sent to the Factivities registered office. The matter will be investigated and a reply will be sent to you within 30 days of receipt of the complaint.
General
Factivities reserves the right to change these Terms at any time. Factivities will give You 30 days prior written notice of any change. If You do not terminate within this notice period, Your contract will continue under the amended Terms.
These Terms represent the entire agreement and understanding between the parties and supersedes all other agreements, understandings and pre-contractual statements between the parties relating to the subject matter of these Terms, save that nothing shall be construed as hereby attempting to exclude liability in respect of pre-contractual fraudulent misrepresentation.
No waiver of any rights arising under these Terms is effective unless in writing and signed by the party making the waiver. No failure or delay by either party in exercising any right, power or remedy under these Terms (unless expressly provided otherwise) shall operate as a waiver of any such right, power or remedy.
If any provision of these Terms is invalid or unenforceable in whole or in part, that invalidity or unenforceability does not affect the operation of the other provisions of these Terms. The affected provision will be modified by any court of competent jurisdiction to the extent necessary to make it valid and enforceable provided always that such modification reflects the original intent of the parties.
Governing Law and Jurisdiction
These Terms are governed by and shall be construed in accordance with English Law. Each of the parties submits to the exclusive jurisdiction of the courts of England.