TERMS &
CONDITIONS FOR ADVERTISERS
1. CONTRACT
1.1 These terms and conditions
("Conditions") shall apply to any contract ("Contract")
between Markenaid Limited (company no. 7563755) whose
registered office is at 44-54 Orsett Road, Grays, Essex, RM17
5ED ("Company") and the company or business which uses the
Service ("Advertiser").
1.2 The completion and
submission by the Advertiser of its details on the Company's
website at www.careindex.co.uk ("Website") shall constitute an
offer ("Offer") by the Advertiser to use the Service subject
to these Conditions which shall only be deemed accepted by the
Company when the Advertiser's details as set out in the Offer
("Advertiser's Details") are published for public use on the
Website.
1.3 The party submitting an
Offer declares that it has the authority to act on behalf of
the Advertiser and that the Advertiser is submitting the Offer
in a business capacity. The Company may at its absolute
discretion and for any reason refuse to accept any Offer or it
may impose further conditions on its acceptance of any Offer.
2. THE SERVICE
2.1 Where the Company accepts
an Offer it shall publish and keep published on its Website
throughout the Contract Period the Advertiser's Details
subject always to the Company's rights set out in these
Conditions and provided always that the Advertiser complies
and continues to comply with its obligations set out in these
Conditions ("Service").
2.2 Each Contract is for a
single organisation only as set out in the Offer. The
Advertiser acknowledges that the Advertiser's Details are
accurate and complete and that it will immediately notify the
Company during the Contract Period of any inaccuracy which
comes to light or of any update to the Advertiser's Details
which may be necessary from time to time.
2.3 The Company is continually
seeking to improve the Service. The Company reserves the
right, at its discretion, to make changes to any part of the
Service provided that it does not materially reduce content or
functionality of the Service.
3. CONTRACT PERIOD
3.1 Subject to condition 5 the
contract period shall commence on the date on which the
Advertiser's Details are published on the Website ("Start
Date") and shall continue for a period of one calendar year
("Calendar Year") and thereafter shall automatically be
renewed on each anniversary of the Start Date and in each case
for a further Calendar Year running consecutively from the
last until the Contract is terminated in accordance with these
Conditions ("Contract Period").
4. ANNUAL FEE
4.1 An annual fee shall be
payable by the Advertiser for each Calendar Year of the
Contract Period (and any part of a Calendar Year ending on the
final day of the Contract Period) and the annual fee
applicable to a Calendar Year (or part of a Calendar Year)
shall be that published on the Website at the latest date for
payment for that Calendar Year (or part of a Calendar Year)
("Annual Fee").
4.2 An Annual Fee shall not be
deemed to have been paid by the Advertiser unless such payment
is made in sterling and in cleared funds by the method
stipulated by the Company on the Website from time to time.
Where the Contract Period is terminated prior to the end of a
Calendar Year no discount or refund shall be afforded to the
Advertiser unless the Company in its absolute discretion
determines otherwise.
4.3 The first Annual Fee shall
be paid prior to the first publication of the Advertiser's
Details on the Website and each subsequent Annual Fee shall be
paid prior to the commencement of the Calendar Year (or part
Calendar Year) to which it relates. The Company shall be under
no obligation to provide the Service where an Annual Fee is
outstanding.
5. TERMINATION
5.1 The Contract and all of the
Company's obligations under the Contract shall automatically
and immediately terminate where any Annual Fee required to be
paid is not paid by the relevant date for payment unless the
Company and the Advertiser agree otherwise in writing provided
that such agreement is reached on or prior to the latest date
for payment of the relevant Annual Fee.
5.2 The Company may elect to
terminate the Contract immediately by written notice to the
Advertiser where the Advertiser is in breach of any obligation
under the Conditions. The Advertiser may give no less than 28
days written notice to terminate this Contract with such
termination to take effect on the day before the commencement
of the next Calendar Year (or what would have been the next
Calendar Year).
6. INTELLECTUAL PROPERTY
6.1 The Advertiser hereby
warrants that it is the owner of any intellectual property
including but not limited to goodwill, trademark or copyright
("IP Rights") subsisting in any of the Advertiser's Details
and hereby grants the Company a licence to make use of,
publish and/or copy any such IP Rights for the purpose of the
Company fulfilling its obligations under these Conditions or
in law generally.
6.2 Should the Company become
aware that the Advertiser is not the owner of the IP Rights as
warranted and/or that the publication of the Advertiser's
Details on the Website is or could be an infringement of any
intellectual property right of a third party the Company may
at its discretion remove some or all of the Advertiser's
Details as it sees fit and may terminate the Contract with
immediate effect.
7. COMPANY STATUS
7.1 The Company and the
Advertiser agree that the Company is not an agent of either
the Advertiser or any third party accessing the Website to
view the Advertiser's Details. The Website merely acts as a
directory to enable potential customers of the Advertiser to
search and view the Advertiser's Details. The Company is under
no obligation to perform any other function other than the
Service.
8. INDEMNITY
8.1 The Advertiser shall
indemnify the Company against any liability suffered by the
Company to any third party, including but not limited to all
direct and indirect losses, fines and legal expenses resulting
whether directly or indirectly from the Advertiser's breach of
condition 6.1 and/or the Advertiser's infringement of any
third party intellectual property right.
9 LIMITATION OF LIABILITY
9.1 The Company will use its
reasonable endeavours to remedy faults in the Service during
the Contract Period. If the Company is in breach of any of its
obligations under the Contract, the Company's liability for
such breach shall be limited to an amount equivalent to the
Annual Fee payable in relation to Calendar Year during which
the breach occurred.
9.2 The Company will not be
liable to the Advertiser for any business losses including but
not limited to lost data, lost profits or business
interruption resulting from any breach by the Company of its
obligations under the Contract or resulting from the
Advertiser's use or inability to use the Service or from any
action taken (or refrained from being taken) as a result of
using the Service.
9.3 Notwithstanding the above
provisions of this clause 9, the Company's liability will not
be limited in the case of fraud or for death or personal
injury caused by the Company's negligence.
10. NOTICES
10.1 All notices shall be given
to the Company via email to webmail@careindex.co.uk or by post
to the Company's trading address at Grays Business Centre, 49
Lodge Lane, Grays, Essex, RM17 5RZ; or to the Advertiser at
either the email or postal address included in the Offer.
Notice is deemed received when an email is received (or else
on the next business day if it is received on a weekend or a
public holiday in the place of receipt) or 3 days after the
date of posting.
11. ACCESSING THE WEBSITE
11.1 For the avoidance of
doubt, where an Advertiser views the Website for any purpose
it shall also be bound by the terms and conditions of website
use which appear on the Website in addition to these
Conditions but only to the extent that the application of the
terms and conditions of website use do not prejudice the
Advertiser's rights and/or detract from the Advertiser's
obligations as an Advertiser set out in these Conditions.
12. GENERAL
12.1 The Company may transfer
and/or assign any or all of its rights and/or any or all of
its obligations under the Contract. This will not affect the
Advertiser's rights under the Contract. The Advertiser may not
transfer any of its rights or obligations under the Contract.
12.2 If the Advertiser breaches
the Contract and such breach is ignored by the Company, the
Company will still be entitled to use its rights and remedies
at a later date or in any other situation where the Advertiser
breaches the Contract.
12.3 The Contract shall be
governed by English law.
12.4 The Company will try to
solve any disagreements quickly and efficiently. If the
Advertiser wants to take court proceedings in relation to the
Contract it must do so in the United Kingdom.
Last update: 1st April 2011
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TERMS AND
CONDITIONS OF WEBSITE USE
These terms and conditions set out important information about
the website at www.careindex.co.uk ("Website"). Please read
them carefully as they affect your rights and liabilities
under the law. If you do not agree with these terms and
conditions, please do not use the Website. If you have any
questions about these terms and conditions, please address the
matter to webmail@careindex.co.uk.
1 USE OF WEBSITE
1.1 The Website is provided to you for use subject to
these terms and conditions. By using the Website you agree to
be bound by these terms and conditions.
1.2 We may update these terms and conditions from time
to time for legal or regulatory reasons or to allow the proper
operation of the Website. Any changes will be notified to you
via a suitable announcement on the Website. The changes will
apply to the use of the Website after we have given you
notice. If you do not wish to accept such change you should
not continue to use the Website. If you continue to use the
Website after the date on which the change comes into effect,
your use of the Website indicates your agreement to be bound
by the new terms and conditions.
2 INTELLECTUAL PROPERTY
2.1 The content of the Website is protected by
copyright, trade marks, database right and other intellectual
property rights. You may retrieve and display the content of
the Website on a computer screen. You may not otherwise
reproduce, modify, copy or distribute or use for commercial
purposes any of the materials or content on the Website
without written permission from us.
3 AVAILABILITY OF THE WEBSITE
3.1 We cannot promise that the Website will be
fault-free. If a fault occurs with the Website you should
report the matter to webmail@careindex.co.uk and we will
attempt to correct the fault as soon as we can. Your access to
the Website may be occasionally restricted to allow for
repairs, maintenance or the introduction of new content. We
will attempt to restore access as soon as we reasonably can.
4. CONTENT
4.1 The Website provides content submitted by
advertisers as well as content from other internet sites or
resources and while we try to ensure that material included on
the Website is correct, reputable and of high quality, we do
not make any representations, warranties or guarantees in
relation to that content. If we are informed of any
inaccuracies in the material on the Website we will attempt to
correct the inaccuracies as soon as we reasonably can.
4.2 As a convenience to you, the Website includes links
to other websites which are beyond our control and we cannot
and shall not be responsible for any such website or any
content contained therein.
4.3 We do not act as agents for any business which
advertises their details on the Website from time to time or
for any business whose website is accessed via a link on the
Website and make no recommendations, representations,
warranties or guarantees with respect to any such business or
with respect to any goods and/or services provided by the
same.
4.4 We will not be responsible for any losses that you
suffer (whether direct or indirect) as a result of your use of
the Website and/or as a result of any goods and/or services
provided to you by any business which advertises on the
Website or whose website is accessed via a link on the Website
in each case whether or not that they are a foreseeable
consequence of both of us at the time you use the Website.
Nothing in these terms and conditions shall limit or affect
our liability if something we do negligently causes death or
personal injury.
5 GENERAL
5.1 These terms and conditions will be subject to the
laws of England and Wales. If you want to take court
proceedings, you must do so within the United Kingdom.
5.2 We make no promise that the materials on the
Website are appropriate or available for use in locations
outside the United Kingdom, and accessing the Website from
territories where its contents are illegal or unlawful is
prohibited. If you choose to access the Website from
elsewhere, you do so on your own initiative and are
responsible for compliance with local laws.
5.3 The Website is owned and operated by Markenaid
Limited (company no. 7563755) and whose registered office is
at 44-54 Orsett Road, Grays, Essex, RM17 5ED. The company's
trading address is at Grays Business Centre, 49 Lodge Lane,
Grays, Essex, RM17 5RZ.
5.4 If you have any queries please contact us at
webmail@careindex.co.uk or alternatively write to us at our
trading address.
Last update: 1st April 2011
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