Terms & Conditions: Lymington.com by Bartley Marketing
Part One Use of Lymington.com Website by Visitors
The purpose of the website lymington.com and its communications channels is to enable a visitor to obtain useful information about local events, services and news. This information is normally based on content supplied by advertisers and contributors which is often edited.
Copyright and Intellectual Property
The website lymington.com hereafter referred to as “the site” or “this site”, is owned by Bartley Marketing Limited, a UK limited company whose registered office is at Bartley House, East Boldre, Brockenhurst, SO42 7WD; company registered number is 4426668. Save for content submitted by advertisers, the copyright in all written material, design, text and graphics made available upon or portrayed by this site and the subsidiary sites is owned by Bartley Marketing Limited. Nothing contained within these conditions or elsewhere upon this site confers or may be taken to confer any licence upon a visitor in respect of these intellectual property rights. In the event that a visitor is proved to have infringed any of these intellectual property rights, Bartley Marketing will seek to recover all loss and damage arising therefrom together with all costs associated with such recovery.
Bartley Marketing does not seek to control or influence the use by visitors to this site of any material. Any subsequent contact that a visitor makes with an advertiser upon this site, and any subsequent trading or other activity or interaction following from this, is the sole choice and responsibility of the visitor. Subject to the above, visitors to this site must refrain from any infringement of advertisers’ copyright or of any related intellectual property rights and from any misuse of whatsoever nature of material submitted to those sites by advertisers and other contributors. In the event that Bartley Marketing Limited suffers any loss and damage consequent upon a failure by a visitor to observe these provisions, it will seek to recover such loss and damage in full.
Bartley Marketing Ltd shall not be liable for any loss or damage incurred by any visitor to this site, whether arising from access to the site contents, use of any of the material contained upon the site, temporary or permanent unavailability of the whole or any part of the site, or otherwise. In particular it is the exclusive responsibility of visitors to this site to satisfy themselves in every respect as to advertisers upon the site and the quality and nature of any goods or services provided by such advertisers.
Change to Site ContentsBartley Marketing Ltd reserves the right at all times to make any change to the contents of this site and to these terms and conditions. It is the responsibility of all visitors to this site to ensure that they are fully aware of the most up to date version of the site contents and of these terms before entering into any commitment in reliance in whole or in part upon the site contents or these terms.
Submission of Material to this Site
No material may be submitted via this site to Bartley Marketing Ltd or to any of its advertisers on this site or registered users, whether via their forums or otherwise, which is in any way in breach of any legislation or the legal rights of any third party, knowingly inaccurate, threatening or offensive, or calculated or likely to interfere with the proper functioning of the site. Any breach of this provision will render the party in breach liable to indemnify Bartley Marketing Ltd against any damages, claims, costs or other liabilities that it may suffer or incur as a result (whether directly or indirectly) of such breach.
Governing Law and Jurisdiction
These conditions shall be governed by and construed in accordance with the law of England and Wales. Any dispute arising hereunder shall fall exclusively within the jurisdiction of the courts of England and Wales.
Our Reviews Policy
Visitors to the site are encouraged to review the businesses featured in the business directory.
We will publish all visitor reviews on the site providing they are longer than 75 characters (to encourage ‘real’ reviews), and also that we do not consider them to be malicious or include swearing.
When reviews are added directly through our website, a validation process is required before a review is made ‘live’. This includes the reviewer having to respond to an email that we send to them. If reviews are received verbally or in writing we will enter them ourselves.
All reviews on the site are ‘reviewed’ by ourselves. If you believe a review is not real then please contact us and we will investigate and, if appropriate remove it from the site. We take the integrity of our reviews very seriously.
If a business which has received a poor review asks us to or if we ourselves judge it appropriate to find out more, we will ask the reviewer to provide more specific information to fully understand their issue or complaint. If relevant we will also offer the business itself the opportunity to have its reply or comment published.
If we are notified that a reviewer has taken legal action against the business being reviewed, no reviews from that person about that business will be published on the site, either before, during or after legal proceedings are completed. If the business takes legal action and notifies us, the same conditions apply.
Terms for Submitting Reviews
The reviews section of our web site is fully moderated. Every review submitted will be checked by us for compliance with our content standards before it is published. We will try to publish as many reviews as we can but we cannot guarantee that all reviews will be published. We also cannot guarantee how quickly reviews will be posted as this will depend on other editorial commitments.
- Although the reviews are fully moderated, we are under no obligation to you or any other person to oversee, monitor or moderate the reviews or any other service we provide on our web site and we may stop moderating the reviews section at any time. We reserve the right to not publish any review which we deem to be potentially defamatory of any person or which we deem unlawful or in violation of our content standards or any third party rights.
- Submission of Reviews
- To add a review, please register on the website and follow the simple steps to submit your review.
- Content Standards
These content standards apply to your review. The content standards must be complied with in spirit as well as to the letter. We will determine, at our sole discretion, whether a review breaches our content standards. We reserve the right not to publish reviews, to amend content or remove reviews at any time from our web site without notice. Publication of reviews does not mean that we agree with or endorse any opinion or advice expressed.
Your Review must:
1) Be accurate (where it states facts), truthful and be genuinely held (where it states opinions).
2) Comply with the law applicable in England and Wales and in any country from which it is posted.
3) Be relevant, constructive and helpful to other users of the site and be from your own genuine personal experiences.
To allow reviews to be published it is imperative that the reviewer has used the service or product of the business.
We reserve the right to not publish and remove a review where it is found that there is no evidence of use of the business.
Feel free to explain any negative experiences, but your review will not be posted if we deem it to be in breach of these conditions.
You agree that your review will not:
1) Be defamatory of any person; obscene; offensive; hateful or inflammatory.
2) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
3) Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual.
4) Infringe any copyright, database right or trade mark of any other person.
5) Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence or be in contempt of court.
6) Be likely to harass, upset, embarrass, alarm or annoy any other person. Your review should be of the business not the individuals involved.
7) Impersonate any person, or misrepresent your identity or affiliation with any person.
8) Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act.
9) Contain any advertising or promote any services or web links to other sites.
You understand and acknowledge that information posted or transmitted by reviewers is the sole responsibility of the person from which such material originated.
Bartley Marketing Ltd shall not in any way be held responsible or liable for reliance by users on any information that is obtained from a review. We do not warrant the completeness or accuracy of the content, information or usefulness for any particular purpose.
You shall remain solely liable for the content of any review you submit. You agree to indemnify, defend, and hold harmless Bartley Marketing Ltd from and against any claim, liability, cost, damage other expenses or loss we may incur (including, without limitation, legal fees) as a result of any material you post in a review or any violation by you of your obligations under these terms and conditions.
By submitting a review, you agree to grant Bartley Marketing Ltd a non-exclusive licence to use that review and the unrestricted right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your review for any purpose, commercial or otherwise, as we see fit, without acknowledgement or compensation to you. This licence will be free of charge, perpetual and capable of sub-licence. Bartley Marketing Ltd may exercise all copyright and publicity rights in the material contained in your review in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material.
Changes to these Terms and Conditions
We may revise these terms and conditions at any time. Visitors are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.
Law and Jurisdiction
These terms and conditions shall be governed by English Law.Rules for competitions and prize draws featured or promoted on the site but which require registration for entry on a 3rd party site are not governed by these official rules.
Part Two Business Services provided by Bartley Marketing Ltd for using the website Lymington.com and its associated online channels (Users)
Bartley Marketing Ltd will supply certain free services available to Users. For paid services the Customer will take and pay for Marketing Services using the website Lymington.com and its associated online channels. Unless otherwise specified in writing, the following terms and conditions apply.
Bartley Marketing Ltd shall use all reasonable care and skill in performing its obligations under the arrangements agreed. Bartley Marketing Ltd warrants that it has, and will consistently apply at all times, the experience, resources and competence to execute its obligations efficiently and expeditiously and shall provide the Services as defined and agreed.
Adding a free business listing and adding events are both free to users.
For paid services, the Customer agrees to honour the agreement as specified and pay invoices within the specified time period.
Invoices and Payments:
Featured Business Page in Lymington.com Directory is payable online either annually or monthly in advance.
Annual Business Membership of Lymington.com can be paid online as above or invoiced on sign up as preferred, payment within 7 days.
Regular Business Membership paid monthly is invoiced at the beginning of the month and should be paid by bank transfer or direct debit within 14 days unless different payment details are agreed.
Ad hoc promotional boost campaigns via Lymington.com media channels are invoiced prior to promotion and are due for payment within 7 days.
Bartley Marketing website hosting and domain renewals are invoiced at the beginning of the due month and are normally due for payment within 7 days.
For one-off work such as website design and development and marketing plans, standard terms with new clients are 50% deposit, balance on completion and invoices are due for payment within 7 days of receipt.
VAT will be charged at the current rate.
Payment options are provided with invoice: direct debit or bank transfer (standing order preferred for monthly charges).
Bartley Marketing Ltd reserves the right to charge for reasonable expenses, whether travel or subsistence, incurred by Bartley Marketing Ltd or any of its representatives where incurred for the purpose of providing relevant Services where requested.
Bartley Marketing Ltd reserves the right to apply interest to overdue amounts at 4% above base rate until paid. A handling charge of £10 may be applied to each overdue invoice amount monthly.
Bartley Marketing Ltd reserves the right to either suspend or terminate services provided, if invoices remain unpaid for longer than 14 days beyond the due date.
Period of Agreement and Cancellation
Where Business Memberships are paid annually rather than monthly they will renew automatically after 12 months and invoices for the next 12 month period will be sent out by email at the beginning of the due month. Any Customer wishing to cancel should advise within 7 days of receipt of invoice otherwise payment is due.
The minimum period for monthly, twice monthly or weekly Regular Membership of Lymington.com is 12 months unless specifically agreed otherwise. This allows for planning and set up costs incurred by Bartley Marketing Ltd. After 12 months, one month’s notice is required in writing.
In the event that a monthly agreement is cancelled by Bartley Marketing Ltd, Bartley Marketing Ltd shall provide one month’s notice of cancellation of the agreement.
The Customer or Bartley Marketing Ltd may suggest variations to the agreement by giving notice in writing as appropriate.
Confidentiality and Intellectual Property
Each party acknowledges that it may receive information of a confidential nature relating to the other party, its business and customers. Each party undertakes to the other that it will use such confidential information solely for the purposes envisaged by the Agreement and will not disclose the same.
All Intellectual Property created or developed by Bartley Marketing Ltd and provided to the customer under contract, will unless expressly stated within that contract, remain the property of Bartley Marketing Ltd at all times.
Bartley Marketing Ltd shall provide the services using all reasonable care and skill.
Bartley Marketing Ltd shall not be liable for any business impact caused by delivery of services during the contracted period
Specifically, in the unlikely event that the Lymington.com website should be damaged or withdrawn Bartley Marketing Ltd shall not be liable for any refund in the case of services paid in advance.
The Customer accepts that the entire liability of Bartley Marketing Ltd in respect of any and all claims made against it by the Customer in connection with the agreement shall not exceed the fees due from the Customer.
Bartley Marketing Ltd may assign and/or subcontract any of its rights and obligations under the agreement on written agreement with the Customer.
The Customer shall not have these rights to assign and/or subcontract any of the rights and obligations under the agreement.
The agreement constitutes the entire agreement and understanding between the parties with respect to its subject matter.
Nothing in the agreement shall operate to limit or exclude any liability for fraud.
Bartley Marketing Limited, April 2020
Business and Registered Address: Bartley House, East Boldre, Brockenhurst, Hampshire, SO42 7WD
Company Registered Number: 4426668