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BACKGROUND: This agreement applies as between you, the User of this Web Site or Purchaser and MPS Business Services, the owner of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon MPS Business Services receiving your application to be listed on the Web Site. If you do not agree to be bound by these Terms and Conditions, you should not apply to have your details listed on the Web Site. No part of this Web Site is intended to constitute a contractual offer capable of acceptance. The Purchaser’s order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to the Purchaser indicating that the order has been fulfilled and has been processed. 1. Definitions and Interpretation In this Agreement the following terms shall have the following meanings: “Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;“#<<NAME>>” means# MPS Business Services;“Service” means collectively any online facilities, tools, services or information that #MPS Business Services makes available through the Web Site either now or in the future;“Payment Information” means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;“Purchaser” means any person or business that buys Goods from #MPS Business Services from this Web Site;“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;“System” means any online communications infrastructure that #MPS Business Services makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;“User” / “Users” means any third party that accesses the Web Site and is not employed by #MPS Business Services and acting in the course of their employment; and“Web Site” means the website that you are currently using www.bury.tel and any sub-domains of this site unless expressly excluded by their own terms and conditions. 2. Business Customers These Terms and Conditions apply to business customers procuring services in the course of business. 3. Intellectual Property 3.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of MPS Business Services, our affiliates or other relevant third parties. By listing your details on the Web Site you acknowledge that such material is protected by applicable Isle of Man and International intellectual property and other laws. 3.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by MPS Business Services. 4. Third Party Intellectual Property 4.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable. 4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier. 5. Fair Use of Intellectual Property Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply. 6. Links to Other Web Sites This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of MPS Business Services or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them. 7. Links to this Web Site Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.bury.tel without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of MPS Business Services. To find out more please contact us by email at bury.tel@gmail.com. 8. Use of Communications Facilities 8.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules: 8.1.1 obscene or vulgar language must not be used; 8.1.2 Content that is unlawful or otherwise objectionable must not be submitted. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist; 8.1.3 Content that is intended to promote or incite violence must not be submitted; 8.1.4 it is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages; 8.1.5 the means by which Users identify themselves must not violate these terms of use or any applicable laws; 8.1.6 Users must not impersonate other people, particularly employees and representatives of MPS Business Services or our affiliates; and 8.1.7 our System must not be used for unauthorised mass-communication such as "spam" or "junk mail". 8.2 You acknowledge that MPS Business reserves the right to monitor any and all communications made to us or using our System. 9. Accounts 9.1 In order to purchase Goods on this Web Site you will be redirected to PayPal. By paying to be listed on this Web Site you represent and warrant that: 9.1.1 all information you submit is accurate and truthful; 9.1.2 if you are buying on behalf of your employers, you have the authority to submit Payment Information where any such authority is required. 10. Termination and Cancellation 10.1 Either MPS Business Services or a Subscriber may terminate an Account. If MPS Business Services terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons. 10.2 If MPS Business Services terminates an Account, any current or pending purchases on your Account WILL be cancelled and WILL NOT be processed. 10.3 MPS Business Services reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and processing. 10.4 If purchases are cancelled for any reason prior to processing Purchasers will be refunded any monies paid in relation to those purchases. 10.5 If a User terminates their listing any details listed on the site will be removed and no full refund of any monies will be paid in relation to this listing. 11. Payment 11.1 Any and all Premium listings must be paid for in full via PayPal. 12. Goods, Pricing and Availability 12.1 All pricing information on the Web Site is correct at the time of going online. MPS Business Services reserves the right to change prices and alter or remove any special offers from time to time and as necessary 12.2 In the event that prices are changed during the period between an order being placed and MPS Business Services processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price; 12.3 All prices on the Web Site do not include VAT. 13. Privacy Use of the Web Site is also governed by our which is incorporated into these terms and conditions by this reference. 14. Disclaimers 14.1 MPS Business Services makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services. 14.2 No part of the Web Site is intended to constitute advice and the Content of the Web Site should not be relied upon when making any decisions or taking any action of any kind. 14.3 No part of the Web Site is intended to constitute a contractual offer capable of acceptance. 15. Changes to the Service and these Terms and Conditions MPS Business Services reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. Users and Purchasers will be bound by any changes to the Terms and Conditions from the first time the Web Site is used by them following the changes. If MPS Business Services is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by Purchasers in the future. 16. Availability of the Web Site The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. MPS Business Services accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship. 17. Limitation of Liability 17.1 To the maximum extent permitted by law, MPS Business Services accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk. 17.2 Nothing in these Terms and Conditions excludes or restricts MPS Business Services’s liability for death or personal injury resulting from any negligence or fraud on the part of MPS Business Services. 17.3 Nothing in these Terms and Conditions excludes or restricts MPS Business Servicess liability for any direct or indirect loss or damage arising out of the reliance on incorrect information included on the Web Site. 17.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal. 18. No Waiver In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy. 19. Previous Terms and Conditions In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise. 20. Notices All notices / communications shall be given to us by email to bury.tel@gmail.com. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday. 21. Law and Jurisdiction These terms and conditions and the relationship between you and MPS Business Services shall be governed by and construed in accordance with the Law of the Isle of Man and you agree to submit to the exclusive jurisdiction of the Courts of the Isle of Man. |