General Terms and Conditions
General Terms
These are the general terms and conditions of The Local Channel Limited. Please read these terms and conditions carefully. Your use of the Sites (including this web site) and The Local Channel Services (both defined below) will be subject to these terms and conditions which constitute a legally binding agreement between You and The Local Channel Limited.
  1. Definitions
  2. Use of The Local Channel
  3. What You are not allowed to do
  4. Material You post and monitoring
  5. Your personal information
  6. Password
  7. Rights
  8. Disclaimer and limitation of liability
  9. Suspension and termination of Service
  10. Enquiries or complaints
  11. General and governing law

Definitions
These are the general terms and conditions of The Local Channel Limited. Please read these terms and conditions carefully. Your use of the Sites (including this web site) and The Local Channel Services (both defined below) will be subject to these terms and conditions which constitute a legally binding agreement between You and The Local Channel Limited
"Listing" means the listing relating to each registered user that is available using the search engine on The Local Channel Sites and as is defined in section 2 of The Local Channel Advertising Terms and Conditions.
"Local Channel Services" means all Content and services provided by or on behalf of The Local Channel on The Local Channel Sites.
"The Local Channel" means The Local Channel Limited, whose registered office is currently at Templars House, Lulworth Close, Chandlers Ford, Hampshire, SO53, 3TL.
"The Local Channel Group" means The Local Channel Limited, any subsidiary or holding company of The Local Channel Limited and any other subsidiary of that holding company.
"The Local Channel Sites" means this site and all other web sites operated by or on behalf of The Local Channel.
"We", "Our" and "Us" means The Local Channel.
"You" and "Your" means You and includes any person acting under Your authority.
"Content" means information, software, images including photos, video and graphics, sound including music and all other material appearing on or available through The Local Channel Sites.
"Third Party Content" means Content that has been provided by a person other than The Local Channel, including You.
"Your Content" means Content that has been provided by You.
"Site" means the definition detailed in the Advertising & Site Terms and Conditions, Section 3.
"Advertising" means the definition detailed in the Advertising & Site Terms and Conditions, Section 4.
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Use of The Local Channel

2.1 These terms and conditions govern all use of The Local Channel Services. The provision of Listings, sites and Advertisements hosted for users is, in addition to these general terms and conditions, also governed by The Local Channel Advertising Terms and Conditions.

2.2 You may:

  • browse the Local Channel Sites using a compatible web browser (This site is compatible with Internet Explorer 5.0, and Netscape Navigator 4 or later versions). Permission to browse the site includes permission to make transient or cached copies of parts of the site to the extent that this occurs in the normal course of using Your browser and that these copies are used only to allow current or subsequent access to the Site by You;
  • print a copy of any page of the Site; for Your own personal purposes, provided You do not do any of the things set out under "What You are not allowed to do".
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What You are not allowed to do.

3.1 You must not use any Content other than Your Content for commercial purposes.

3.2 Except to the extent expressly set out in these terms and conditions, You are not allowed to make any copies of or broadcast elsewhere any Content except Your Content.

3.3 Except in accordance with The Local Channel Advertising Terms and Conditions, You may not remove or change any Content or include or create links to or from the Sites.

3.4 You are not allowed to remove or change any copyright, trade mark or other intellectual property right notices contained in any Content copied or printed off from The Local Channel Sites except Your Content.

3.5 You must only use The Local Channel Services for lawful purposes, and You must comply with all applicable laws, statutes, regulations and rights of others. In particular, You must not use The Local Channel Services to:

(a) commit fraud, any other criminal offence or any other unlawful act;

(b) post, upload or otherwise transmit or direct others to, information or pictures that are obscene, indecent or pornographic, threatening, racist, offensive, abusive, defamatory or otherwise unlawful;

(c) upload or download any files that contain software or other materials in breach of any intellectual property rights or in breach of confidence;

(d) harass, stalk, threaten, cause annoyance or needless anxiety or otherwise violate the rights of others;

(e) hold Yourself out, or hold out any goods or services offered for sale by You, as being endorsed by, associated with, or part of, The Local Channel Group, or impersonate anyone else or otherwise misrepresent Your identity or status;

(f) hack into a Local Channel Site or any other related computer system, make excessive traffic demands, deliver viruses or forward chain letters, surveys, contests, pyramid schemes or otherwise engage in any other behaviour that may reasonably be expected to inhibit other users from using and enjoying The Local Channel Services or any other web site or damage or destroy the reputation of The Local Channel or any third party;

(g) except in accordance with The Data Protection Act 1998 and all other applicable data protection laws, collect and process others' personal data;

(h) except in accordance with The Local Channel Advertising Terms and Conditions, advertise or offer to sell goods or services.

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Material You post and monitoring.

4.1 We accept no obligation to monitor the use of The Local Channel Services nor any Third Party Content but we reserve the right to do so. However, We reserve the right to disclose any of Your Content or information about You as required by law and/or to remove, refuse to post or to edit any information or material, to block Your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. We will also in our absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.

4.2 You warrant that You are entitled to post all Your Content and You acknowledge that We are not able to verify the truthfulness of Your Content. You agree that questions and complaints from persons accessing any of Your Content or using any goods or services offered by You in any Listing, Site or Advertisement are Your exclusive responsibility. You hereby indemnify and hold Us harmless from any losses, damages, claims, demands, suits, liabilities and expenses (including reasonable legal fees) that arise out of or resulting from the publication of any of Your Content on a Local Channel Site.

4.3 You grant to Us a royalty free, perpetual, irrevocable, non-exclusive, worldwide licence to publish all Your Content on The Local Channel Sites and to do all such acts in relation to Your Content as if We were the sole and exclusive legal owner of all intellectual property rights in Your Content except for bringing enforcement action, or entering into assignments, exclusive licenses, charges or other encumbrances (other than non-exclusive licenses).

4.4 You must tell Us immediately if anyone makes or threatens to make any claim or issue legal proceedings against You relating to Your use of the Local Channel Services or Your Content and You will, at Our request, immediately stop the act or acts complained of. You must confirm the details of the claim(s) in writing.

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Your personal information

5.1 When You register with Us, or at any time after that, We retain the right to perform reasonable checks on the information You provide and by registering with Us You consent to Us doing so. We reserve the right to refuse to register any person or to allow any person a Listing, a Site or an Advertisement.

5.2 After You have successfully registered with Us Your details will be included in a Listing. This is subject to The Local Channel Advertising Terms and Conditions.

5.3 Usage of Your personal information is governed by The Local Channel Privacy Policy which forms part of these general terms and conditions.

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Password

6.1 Following registration, You will use your user name and password to access the Local Channel Services or parts of them. You will not use the password for any other purpose. We reserve the right to change Your password and user name at any time in our sole discretion.

6.2 You must keep Your password confidential at all times, and must not disclose the password or permit anyone else to use Your password. Any breach of any of these terms by anyone to whom You disclose the password will be treated as if the breach had been committed by You, and will not relieve You of Your obligations under these terms and conditions.

6.3 You agree to notify Us promptly of any changes to Your registration details.

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Rights

7.1 Except for Your Content, all intellectual property rights in all Content, including trademarks and brands, are either owned by Us or our licensors.

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Disclaimer and limitation of liability

8.1 We do not, and nothing in these terms and conditions shall act to exclude or limit Our liability for death or personal injury resulting from Our negligence, fraud or any other liability which may not by applicable law be excluded or limited.

8.2 Subject to section 8.1, in no event shall We be liable (whether for breach of contract, negligence or for any other reason) for any loss of profits, exemplary or special damages, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising, even if We have been advised of the possibility of such losses or damages.

You are solely responsible for evaluating the accuracy and completeness of all content and the value and integrity of goods and services offered by third parties over the Local Channel Services. We will not be a party to or in any way responsible for any transaction concerning third party goods and services.

8.3 Subject to section 8.1:

(a) Our liability to You whether in contract, tort or otherwise in respect of any removal of Your Listing, Your Site or any of Your Advertisements is limited to the fees received by Us from You in respect of the unexpired period of time covered by those fees; and

(b) Our aggregate liability to You whether in contract, tort or otherwise is limited to any amount paid by You to Us in the previous 12 months or, if this is less than £250 or does not apply at the time The Local Channel's liability arose, to £250.

8.4 We accept no obligation to monitor Third Party Content although we reserve the right to do so. Subject to section 8.1, our obligations regarding Content shall be limited to using reasonable endeavours to ensure that Content other than Third Party Content is accurate and up-to-date.

8.5 Subject to sections 8.1 and 8.4, all Content is provided on an "as is" basis and the express warranties and undertakings contained in this agreement are in lieu of and to the exclusion to the fullest extent permitted by law of all other representations, warranties, conditions and terms, written or oral, express or implied, statutory or otherwise, including, but not limited to, any implied warranties or terms as to accuracy, quality, fitness for a purpose, non-infringement of third party rights or level of skill and care employed in relation to The Local Channel Services.

8.6 Subject to sections 8.1 and 8.4, You agree that the obtaining of any material or relying on any information through the use of The Local Channel Service is carried out at Your own risk and that The Local Channel has no liability to You in respect of such material or information.

8.7 We may change the format and content of the Local Channel Sites from time to time including Listings, Sites, Advertisements. You should refresh Your browser each time You visit the Site to ensure that You download the most up to date version of the Site.

8.8 The Local Channel Sites may, from time to time, include links to external sites which may be co-branded with Our name or branding. We have included links to these external sites and co-branded pages to provide You with access to information and services that You may find useful or interesting. We do not control these sites and are not responsible for the content of these sites or for anything provided by or on them including other links. Their inclusion as links does not imply any endorsement by Us.

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Suspension and termination of Service

9.1 We may suspend the operation of the Local Channel Sites or any part of any Local Channel Site including any Listings, Sites or Advertisements for repair or maintenance work or in order to update or upgrade the contents or functionality from time to time. Access to or use of any Listings, Sites or Advertisements or to any other part of The Local Channel Sites including The Local Channel Site Builder will not necessarily be uninterrupted or error free.

9.2 We may terminate Your right to use the Local Channel Services immediately in the event You breach any of these terms and conditions or other terms and conditions governing Your use of any of The Local Channel Services.

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Enquiries or complaints

10.1 If You have any enquiries or complaints then please address them to:

The Local Channel Ltd.,
The Estate Office,
Downton,
Salisbury,
SP5 3QG.
Tel: 01722-713300
Fax: 01722-713359
e-mail: info@thelocalchannel.co.uk
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General and governing law

11.1 We may change these terms and conditions from time to time and will endeavour to notify You of any major changes by posting a message on the Local Channel Sites. By browsing a Local Channel Site You are accepting that You are bound by the then current terms and conditions. You should check these each time You visit a Local Channel Site. These terms and conditions (including The Local Channel Privacy Policy), and The Local Channel Advertising Terms and Conditions form the entire understanding between You and Us and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. We may delay enforcing our rights under these terms and conditions without losing them. You agree that We may sub-contract the performance of any of Our obligations or may assign these terms and conditions or any of Our rights or obligations without giving You notice.

11.2 We will not be liable to You for any breach of these terms and conditions which arises because of any circumstances which We cannot reasonably be expected to control.

11.3 All promotions are subject to availability and inventory. We reserve the right to change, alter, or cancel promotions at any time without notice.

11.4 These terms and conditions shall be governed and interpreted in accordance with English law, and You consent to the non-exclusive jurisdiction of the English courts.

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