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1. INTRODUCTION
Any orders placed by You for advertisements are accepted and all contracts
("Contract(s)") for the posting of advertisements are made subject to
the following terms and any additional terms set out in the order form
("Terms"):
1.1 In relation to any order for an advertisement
("Advertisement") to be posted on any part of the Site including,
without limitation, www.lutonfc.com
and which is accepted by Us, You contract with Us as a principal notwithstanding
that You may be acting directly or indirectly for some other person as an
advertising agency or media buyer or in some other representative capacity and
You warrant and confirm to Us that:-
1.1.1 the display ("Posting") by Us of the Advertisement as
submitted to Us by You will not breach any contract or infringe or violate any
copyright, trademark or any other right of any third party or render Us liable
to any proceedings whatsoever;
1.1.2 the Advertisement is accurate, complete and true and is not
misleading in any way and that it complies with the British Code of Advertising
Practice and all other relevant codes under the general supervision of the
Advertising Standards Authority.
1.1.3 any Advertisement, that constitutes an "Investment
Advertisement" pursuant to the Financial Services Act 1998 ("FSA")
is, or its contents have been approved by, an authorised person within the
meaning of the FSA or the Advertisement is otherwise permitted under that Act.
1.1.4 the Advertisement complies with the requirements of all applicable
laws and regulations and is not defamatory in any way.
1.2 We may refuse at Our sole discretion to accept any order in relation
to the Posting of any Advertisement and/or any Advertisement submitted to Us for
Posting pursuant to such order.
1.3 We have the right at Our sole discretion to determine the position
(and subsequently change the position) of the Posting of any Advertisement
within the nominated area of the Site and to remove any Advertisement Posted in
the event that You are in breach of the Contract.
1.4 It is Your responsibility to check the accuracy of the Advertisement.
You will be entitled to check the Advertisement by accessing Your personal
password protected area of the Site where the Advertisement will be displayed as
a "mock-up" for view. Where it is reasonably practicable for Us to do
we will also e-mail a copy of the proposed Advertisement to You. Any amendments
to the Advertisement that You require must be notified to Us by e-mail not later
than five days prior to the beginning of the Posting Period specified in the
Order. Should You place an Order which We accept which requires Posting of the
Advertisement within five days of the date of the Order, You acknowledge that it
may not be reasonably practicable for this approval procedure to be followed and
therefore whilst we will Post the Advertisement and any said Posting shall be at
Your sole risk. We will use Our reasonable efforts to accurately reproduce the
Advertisement on the Site but We can not guarantee the quality of the colour or
mono reproduction of the Advertisement or how it will appear when viewed by
different browsers or analogue devices or at different screen resolutions or on
particular graphical displays.
1.5 We will Post the Advertisement on the Site during the periods
specified in the Order ("Listing Period").
1.6 We have the right to change the format, structure and content of and
services offered through Our site at any time at Our discretion and will notify
You by e-mail of any such proposed change. Should any such change require Us to
de-list your Advertisement prior to the end of any listing period ordered by
You, We will reimburse to You on a pro rata basis a proportion of any fee that
you have paid to Us with respect to the listing period.
2. ORDER PROCESSES, ACKNOWLEDGEMENT AND FULFILLMENT
You will submit the Advertisement to Us by completing the order form
("Order Form") available in the relevant area of the Site. We will
notify You of our acceptance/rejection of Your Order by giving You notice
("Confirmation Notice") via e-mail within three days of Our receipt of
the Order Form.
3. FEES
3.1 The fee ("Fee") for the Posting of the Advertisement will
be as selected by You in the Order Form.
3.2 The Fee plus applicable VAT shall be payable by You within 30 days of
Our invoice.
3.3 We may change Our scale of charges at any time and We will notify you
of any such change together with details as to the date from which the change
will be effective. All Advertisements to be Posted (and Advertisements that
continue to be Posted) after such date shall be liable to the new rate.
4. DISCLAIMERS
4.1 Unless otherwise expressly provided in the Terms, We do not give any
warranty, guarantee or other commitment as to the accessibility, legibility, or
suitability of the Site or the volume of visitors to Our Site or the number of
people who may respond to an Advertisement. In particular but without limitation
We cannot guarantee that the Site will be available to view at all times or will
be free from disruption or technical interruption or will remain secure. To the
fullest extent permitted by law We exclude all warranties conditions and other
terms implied by statute or law with respect to the Posting of any Advertisement
and/or Your use of the Site.
4.2 We will not be liable for any loss of any materials or data provided
with or as part of the Advertisement and You warrant that You have retained
sufficient back-ups of such materials and data for Your purposes.
5. LIMITATION OF LIABILITY
5.1 Without prejudice to any other exclusion or limitation contained
within these Terms, We have no liability to You in contract, tort (including
negligence or breach of statutory duty) or otherwise for any indirect, special
or consequential losses or exemplary damages or for any loss of profit, revenue,
turnover or bargain or for loss of data which arises in any way from You
accessing the Site, or in relation to the Posting of or failure to Post any
Advertisement or otherwise and Our liability for all other losses and damages
shall not exceed the Fee with respect to the Contract to which the claim
relates.
5.2 Should We fail to Post Your Advertisement during the Listing Period
then Our liability to You will be limited to an obligation to reimburse to You
the Fee or where the Advertisement has been listed for part of the Listing
Period a pro rata proportion of the Fee having regard to the part of the Listing
Period during which the Advertisement was not Posted.
5.3 Should the laws of any jurisdiction not permit the exclusion or
limitation of liability as set out in paragraph 4 or this paragraph 5 then, to
the extent that such exclusion or limitation is not permitted, the relevant
provision shall not apply in that jurisdiction.
5.4 In no circumstances shall the statutory rights of a consumer be
affected by any of these Terms and nothing in these Terms shall be taken so as
to exclude or limit Our liability for death or personal injury caused by Our
negligence.
6. ASSIGNMENT
The Contract shall be assignable by Us to a third
party.
7. TERMINATION
7.1 Either of us may terminate the Contract on notice if the other is in
breach of the Contract (other than where the breach is minor and has been
rectified within seven days of a notice from the person not in breach requiring
it to be rectified) and We can forthwith terminate the Contract on notice if You
do not make any payment to Us when due.
7.2 Any termination of the Contract shall be without prejudice to all
accrued rights or obligations of either of us to the other. For the avoidance of
doubt, any provision of the Contract which expressly or by implication is to
continue beyond termination of the Contract shall not be affected by termination
and shall survive termination of this Contract.
8. GENERAL
8.1 These Terms supersede all previous terms and conditions in respect of
their subject matter and were last updated on 24 April 2000.
8.2 These Terms and our relationship with You shall be governed by and
construed in accordance with English law.
8.3 Subject to any overriding rule of law affording to the courts of any
other country exclusive jurisdiction in relation to any dispute between Us the
English courts shall have exclusive jurisdiction in relation to that dispute.
8.4 Reference in these Terms to a person shall include individuals,
companies associations, and partnerships.
8.5 Reference to any English term for any action remedy or judicial
proceeding, legal document, legal status, court official or any legal concept or
thing shall in respect of any jurisdiction other than England be deemed to refer
to what most nearly approximates in that jurisdiction to the English term.
8.6 The nature of the world-wide web is such that the Site can be
accessed from any part of the world and it is therefore Your responsibility to
ensure that the Advertisement complies with all applicable laws, codes,
professional standards and regulations (including those relating to the
transmission and export of technical or other data) anywhere in the world.
8.7 Neither of us shall be liable to the other or be deemed to be in
breach of this Contract by reason of any delay in performing, or any failure to
perform, any obligation under the Contract, if the delay or failure was due to
any cause beyond that persons reasonable control including, without limitation,
any disruption to the Site caused by the failure or otherwise of any third party
Internet service provider's network or any third party's telephone network.
8.8 The Contract represents the entire agreement and understanding
between us with respect to the subject matter thereof and with the exception of
any fraudulent misrepresentation supersedes all previous agreements and
representations relating thereto.
8.9 Save as provided for herein the Contract does not create any right
enforceable by any person not a party to it.
8.10 We have the right to post advertisements on behalf of any person and
nothing in these Terms shall be taken as granting to You any form of exclusivity
or be construed so as to restrict Our ability to post advertisements on behalf
of any third party.
9. PRIVACY
We take the privacy of Our advertisers seriously and personal information and
data that You provide to Us will be subject to Our privacy policy.
10. AUTHORISED USE POLICY
You agree to comply with the provisions of the Lutonfc.com Authorised Use Policy
accessible at Lutonfc.com Terms save that for the avoidance of doubt should
there be any conflict between the provisions of such Policy and the provisions
set out above and/or in the Order Form then the provisions set out above and/or
in the Order Form shall to the extent of such conflict prevail.
11. COMPLAINTS
Any complaint that You may have in relation to any services offered by Us should
be e-mailed to Us.
12. CANCELLATION
Where You are acting as a consumer, that is to say outside Your trade profession
or business, You shall have the right to cancel Your order for the Posting of
the Advertisement, without liability, by e-mailing Us to that effect within
seven days of Us sending to You the Confirmation Notice confirming Our
acceptance of Your order unless You have requested that the Advertisement be
posted by Us within this seven day period.
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