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TERMS & CONDITIONS
You
agree to these Terms and Conditions, together with
the User Terms and Conditions, each and every time you use and/or
advertise
from the website www.bradoo.com. These
Terms and Conditions also relate to all and any agreement between us
when you
buy any advertising space, either from us, or from any other party, and
we
reiterate each and every clause of the User Terms and Conditions.
Details of
the price you pay and what we will supply will either be confirmed to
you at
the time of purchase as part of the on-line sign up or confirmed in an
Invoice.
1. DEFINITIONS
“Website”
means the website and all contents at
www.bradoo.com
“user”
or “you” means anyone using and/or visiting the
website for any purpose
“Advertisers”
means either any person or organisation
who is advertising on the website, including accommodation providers,
subscribers including where applicable, “Pay per
click” users, or any person or
organisation who has entered into an agreement with us or who uses the
website
in any other way.
“we”
or “us” means Greater Light Corporation Ltd, a
Company registered in England and Wales, whose Registered Office is at 145-157, St. John Street,
London, EC1V 4PW,
company registration number 07388191 and any of our employees officers,
directors, agents, subsidiaries and affiliates. VAT Registration number
insert.
E-mail address enquiry@bradoo.com
“Associate”
means any person or organisation with whom we are associated. This will
include
advertisers whose websites we appear on and any person or organisation
who has
a link, which we have approved, to the website.
“upload
onto the website” means any submission in any
format, any video, images, data, any post or anything whatsoever which
subsequently appears and can be viewed on the website.
“Advertising
services” means the services which are
supplied to you, including those referred to within the User Terms and
Conditions, which include the ability to visit the website but also the
specific services referred to within the Invoice or the on-line sign
up.
“Services”
means any service which we supply to you
which will include any paid for, additional or add on services.
2. ABIDE BY TERMS
(1)
By using this organisation, the website and any
services, you confirm that you are aged 18 or over and that you have
read and
understood these Terms and Conditions together with the User Terms and
Conditions. You are specifically agreeing to be bound by all the terms
and
conditions incorporated within and included by these Terms and
Conditions.
Where you are using the website or entering into an agreement on behalf
of an
organisation, you confirm that you have the legal right to do so.
(2)
Where the registration for use of the website is on
behalf of an organisation and other persons (for example employees) use
the website,
the organisation specifically confirms that it takes full
responsibility for
that use and that the organisation, as well as the individuals, will be
deemed
to be the users for the purposes of these Terms and any subsequent
action.
(3)
We reserve the right to amend our User Terms and
Conditions and Advertisers Terms and Conditions at any time. Such
amendments
come into force as soon as they appear on the website. It is your
responsibility to read the Terms and Conditions each and every time
before using
the website. We also use our best endeavours to notify advertisers of
any major
changes by email.
3. USE & SUPPLY OF
THE WEBSITE
(1)
We reiterate Clauses 4 and 5 of our User Terms and
Conditions which forms part of these Terms and Conditions.
(2)
You specifically agree that we are not responsible
for and that we have no liability or responsibility for, any supply or
failure
to supply whatsoever, relating to the website.
4. SUPPLY OF SERVICES
(1)
You agree that all advertising supplied to us will
meet our conditions, requirements or specifications and will be in the
format
we set out in the Invoice or any on-line sign up. If no format is
stated, then
advertising must be in .jpeg or .gif format and be no larger than
3063pxx2305px.
(2)
You agree that we have a non-exclusive, worldwide,
and payment and royalty-free sub-licensable licence to reproduce,
display, use,
exhibit, publish or transmit your advertising and that we can modify or
adapt
it to fit our agreed format and to fit into the website.
(3)
Advertising services are provided for defined
periods of time (details of which are provided to you upon purchase)
and will
terminate at the end of these periods of time.
(4)
You confirm that you are aware that any results of
advertising cannot be guaranteed and that you are responsible for your
own
results. Likewise we make no guarantees in respect of advertising,
including
without any limitation whatsoever, click-through, usage statistics,
times,
dates, location and/or position of advertising or any other information
or data
supplied in respect of any advertising. This is in our absolute sole
discretion.
(5)
Whilst we will use our reasonable endeavours to
supply services, we shall not be responsible for any unavailability or
failure
to provide services.
(6)
We reserve the right to suspend the services and to
substitute where necessary. We also reserve the right, where
applicable, to
subcontract the services.
5. PRICES AND PAYMENT
(1)
We have provided you with the price of your chosen
service(s) on the Invoice or the on-line sign up.
(2)
Payment for all adverting services must be made in
full, by Paypal before the service start. This includes any taxes due.
Unless
otherwise stated fees are in GBP sterling.
(3)
Advertising services will usually be provided
within 14 days of our receipt of your cleared payment. Where we
anticipate that
advertising services will not be provided within that 14 day period we
will
advise you as soon as is possible. Advertising services will be
provided for
the period of time as described on the Invoice or on-line sign up.
(4)
Once you have ordered advertising services, then if
you do not pay or there are any problems with your chosen method of
payment, you
remain responsible for payment.
(a)
If we do not receive payment within 14 days of the
date of the invoice or from the date of the on-line sign up, then we
will
charge you 10% interest for each month or part thereof that the
invoice, or any
part of it, remains unpaid, until we receive full cleared payment. You
are also
liable for payment of all fees associated with our recovery of sums due
to us.
(b)
We may suspend or restrict access to your account
(5)
Where payment is a part of staged payments, then late
or non-payment automatically means that all services stop until such
time that
full payment (including any accrued or extra payment) is made. No
refunds will
be made and no services will be provided until cleared payment in full
has been
made.
(6)
Where payment is to be made on a pre-arranged
monthly basis for ongoing services, you are charged 1 month in advance.
(7)
We reserve the right to increase prices for any
ongoing services, which may be as a result of third party increases. If
we do,
then we give you at least 30 days’ notice in writing.
(8)
For services made via a third party or using third
party services, you confirm your agreement to adhere to that third
party’s User
Agreement.
6. RESPONSIBILITY AND MISUSE
In
addition to all the other clauses contained herein,
you specifically agree that Clauses 8 and 9 of the User Terms and
Conditions
apply and that you will solely be responsible for your advertising,
together
with any use of the website and/or any services provided to you and
that you will
use the service legally and only for the purposes for which it is
intended to
be used.
7. COPYRIGHT &
ADVERTISING ACCURACY &
COMPLIANCE
(1)
All Advertisers specifically agree that Clauses 5
and 7 of the User Terms and Conditions apply.
(2)
All Advertisers agree that their advertising
complies with the codes of practice issued by the Committee of
Advertising
Practice as applicable and all other relevant industry codes of
practice.
(3)
All Advertisers agree that their advertising does
not collect personal data through advertising on the website without
the
express permission of the user or person and/or organisation whose data
is
obtained. Particularly, the Advertiser agrees not to combine, match,
compare or
in any way otherwise amalgamate any legally obtained information with
any other
personal information (including click stream) and cookies.
(4)
Unless the Advertiser is an “authorised person”
within the meaning of the Financial Services and Markets Act 2000, the
Advertiser specifically agrees that their advertising forms no
“invitation or
inducement” for investment, within the meaning of the Act, or
otherwise
breaches the Financial Services Regulations.
(5)
You agree that any advertising will comply with all
conditions relating to the applicable advertising service as to what
can be
included and is honest, accurate, not misleading and does not amount to
any
misrepresentation, does not breach any rights of any third party
(including the
disclosure of any personal and/or confidential information) whatsoever
in
nature, is not false, defamatory, libellous, discriminatory in any
form, is not
abusive, offensive or obscene and does not otherwise harass or invade
the
privacy of any individual or organisation, does not contain any
restricted or
“password-only access” pages, or hidden pages or
images (those not linked to
from another accessible page) and does not promote or instruct as to
conduct as
described above or which promotes to any breach
of the User Terms and Conditions or any law and is not in
any way
illegal or contrary to any law.
(6)
You confirm that anything that you provide for
advertising (e.g. information, data or documents) has been checked by
you as
being accurate and that you hold the full copyright and that anything
that you
have provided does not breach any copyright, intellectual property or
the
rights of any third party, whatsoever in nature, and is not contrary to
any law
or that you have obtained the copyright owner’s permission to
use it in this
way. You specifically agree that we have no liability and that you will
indemnify us for any loss.
(7)
All contents are subject to our approval. However
we do not undertake to view or review any advertising and acceptance of
any
advertising must not be construed as our approval nor as our acceptance
that
such advertising complies with these Terms and Conditions. In our
absolute
discretion we reserve the right to reject or withdraw advertising
without
notice.
8. LIABILITY DISCLAIMER
(1)
To the extent that the law allows, we will not be
held responsible for any direct or indirect loss, incidental or
consequential
damage, or loss (economic or otherwise), any punitive or exemplary
damages, any
loss of reputation or goodwill or business opportunities or contact,
however it
arises, including out of negligence relating to or in any way connected
to any
installation, use (unauthorised or otherwise), errors, mistakes,
accident,
theft or fraud, destruction, or any part of the provision of the services or the website or
these User Terms
and Conditions.
(2)
In the unlikely event that we would be held liable
for any losses occurring as a result of using/failing to use the
services or at
all, then such total damages for any loss whatsoever shall be limited,
in
relation to any one incident or series of related incidents, to 100% of
the
amount paid by you for the advertising services.
(3)
In the event that you have any right, claim or
action against any other user or advertiser arising from that
user’s or
advertiser’s use of the website then you specifically agree
to pursue that
right, claim or action independently of and without any recourse to us.
(4)
You specifically release us and any subsidiaries,
agents and employees from all claims, liability, damages, losses, costs
and
expenses, including any legal fees, known and unknown, arising from or
in any
way connected to such right, claim or action and agree to completely
indemnify
us in respect of any such involvement.
9. YOUR INFORMATION &
DATA PROTECTION
(1)
Data collected will be used and stored in
accordance with current Data Protection legislation in England
&
Wales.
(2)
All Advertisers specifically agree that the Privacy
Policy as displayed on the website at www.bradoo.com
http://www.bradoo.com/main.php?cmd=privacy applies
(3)
All Advertisers specifically agree that any
information obtained by them relating to other website users or
advertisers
will only be used and stored in accordance with current Data Protection
legislation in England & Wales.
(4)
All Advertisers specifically agree that any data
they supply to us, including personal and/or sensitive data of any
third party,
in connection with the website or any service which we provide to them,
is only
provided to us on the basis that they have full unequivocal consent
from any
and all parties involved.
(5)
You specifically undertake to indemnify us and any
subsidiaries, agents and employees from all claims, liability, damages,
losses,
costs and expenses, including any legal fees, known and unknown,
arising from
or in any way connected to the provision of personal and sensitive data
and
compliance with current Data Protection legislation.
10. TIME ESTIMATE
We
will use all our reasonable endeavours to complete
any supply of services within any time estimate that we give. However,
time is
not of the essence and we will not be liable for any loss of damage
suffered
because of any unavoidable or reasonable delay in completion, including
third
party involvement. We aim to keep you informed about any delay.
11. ADDITIONAL SERVICES OR
SUPPORT
The
Payment you have made is for the advertising
services outlined in your Invoice or on-line sign up. However, from
time to
time we may agree to provide additional goods and/or services. Where
additional
goods and/or services are agreed, we will put this in writing to avoid
any
misunderstanding and to ensure that we are both aware of what has been
agreed.
12. ELECTRONIC ORDERS
In
view of the nature of the services we provide,
unless we have specifically agreed otherwise in writing, where
applicable, we
both agree that you waive any applicable cancellation or refund rights
under
the Consumer Protection (Distance Selling) Regulations 2000,
particularly
Regulation 13.
13. CANCELLATION &
SUSPENSION
(1)
Assuming that you made any payment due in full, and
such payment has cleared, then if you wish to cancel advertising you
may do
this by giving us 30 days’ notice in writing. You are not
entitled to any
refund of any payment made.
(2)
Without limiting any other remedies we may
reasonably suspend or terminate your use/registration/account/
advertising at
our absolute discretion, either with or without notice, in accordance
with
these Terms and Conditions, particularly, where we suspect that you
have
engaged or are about to engage in, or have in any way been involved in
or
linked to, breaches of any terms of this Agreement. You are not
entitled to any
refund of any payment made.
(3)
Your use will automatically terminate if you/your
business
(a)
passes a resolution for winding up (other than for
the purpose of solvent amalgamation or reconstruction), or a court of
competent
jurisdiction makes an order to that effect; or
(b)
ceases to carry on its business or substantially
the whole of its business; or
(c)
are declared insolvent, or convene a meeting with
or makes or proposes to make any arrangement or composition with its
creditors;
or a liquidator, receiver, administrative receiver, manager, trustee or
similar
officer is appointed over any of its assets.
You
are not entitled to any refund of any payment made.
(4)
We also reserve the right, without being held
liable in any way, to cancel, take-down, delete or otherwise remove any
advertisement, feedback, experience, opinions, statements,
recommendations,
ratings, and information provided by users or advertisers or any links
to other
websites or other information which is made available through the
website, without
giving reason and in our absolute discretion. You are not entitled to
any
refund of any payment made.
(5)
If we do not act upon any breach immediately you
should not assume that we have waived any rights as to enforceability
or to
seek redress, unless we have expressly stated that in writing.
14. INVALIDITY
Each
Clause or any part at all of this Agreement is to
be regarded as independent of the others. This means that should any
Clause or
any part at all of this Agreement be found to be unenforceable or
invalid, it
will not affect the enforceability or validity of the rest of this
Agreement.
15.
GENERALLY
These
Terms and Conditions supersede any and all prior
representations, understandings and agreements between you and us.
16. JURISDICTION
These
Terms and Conditions shall be interpreted,
construed and enforced in accordance with English law and shall be
subject to
the exclusive jurisdiction of the English Courts.