Terms and Conditions
The following contractual terms and conditions apply to your dealings with Grandparents Club Limited via its website www.grandparentsclub.co.uk or otherwise.
The terms and conditions are divided into the following categories:
TERMS OF BUSINESS FOR ADVERTISERS
1. INTRODUCTION FOR ADVERTISERS
1.1 The following terms of business, together with the Terms of Use for the Website (as set out below) and any special conditions set out in the on-line Advertiser Form ("the Advertiser Form") and the acceptance by Grandparents Club Limited ("GCL") of an advertisement, constitute the contract ("the Contract") between GCL and the contracting party ("the Advertiser") for the posting of an advertisement for a period of 1 month ("the Services") commencing on the date GCL notifies the Advertiser its advert has been accepted for inclusion on GCL's website "www.grandparentsclub.co.uk" ("the Website"). To the extent that there is any conflict between these terms of business and such special conditions, the special conditions shall prevail. The Advertiser shall be deemed to have accepted these terms of business by submitting the Advertiser Form.
1.2 GCL reserves the right to accept or refuse any Advertiser Form submitted to it and a Contract shall not be created until GCL notifies the Advertiser of its acceptance of such Advertiser Form.
2. ADVERTS AND OTHER MATERIALS
2.1 The Advertiser warrants and undertakes that advertisements and other material submitted by it to GCL for posting on the Website, shall:
2.1.1 not infringe the intellectual property rights of any other person;
2.1.2 not be discriminatory, obscene, defamatory or in any other way violate the legal rights of any other person;
2.1.3 not be illegal or in breach of any legislation or regulatory requirement;
2.1.4 be decent, honest and truthful and accurately describe the item for sale.
2.2 GCL may refuse and/or require the Advertiser to amend, at the Advertiser's expense, any advertisement submitted to the Website, so as to comply with the legal and moral obligations placed upon GCL. GCL reserves the right to move any advertisement within the Website at any time for any reason.
2.3 It shall be the Advertiser's responsibility to check the proof of any advertisement placed by it for any mistakes or errors and GCL shall have no liability therefore.
2.4 The Advertiser acknowledges that their personal details comprising name, address and contact details will be publicly available on the website and consents to GCL publishing this information notwithstanding its privacy policy.
2.5 Please note that any information or materials sent to GCL will be deemed not to be confidential but at all times will be subject to GCL's privacy policy.
2.6 By sending GCL any information or material, you grant GCL an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute those materials or information in any format throughout the world. However, GCL will not release your name or otherwise publicise the fact that you submitted materials or other information to us unless:
(a) GCL asks your permission to use your name; or
(b) GCL first notifies you or it is part of the Contract that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or
(c) GCL is required to do so by law.
3. LIABILITY
3.1 GCL PROVIDES THE SERVICES "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, GCL DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTIONS, BE TIMELY, SECURE OR ERROR-FREE AND SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE UNAVAILABILITY OF THE WEBSITE FROM TIME TO TIME OR FROM THE ADVERTISER'S USE OR INABILITY TO USE THE WEBSITE.
3.2 IN NO EVENT WILL GCL BE LIABLE TO THE ADVERTISER FOR ANY INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING IN CONTRACT, TORT OR OTHERWISE, INCLUDING LOSS OF PROFITS, EVEN IF GCL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR DEATH OR PERSONAL INJURY ARISING FROM GCL'S NEGLIGENCE, GCL'S LIABILITY TO THE ADVERTISER ARISING IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED IN AGGREGATE TO THE FEE PAID BY THE ADVERTISER TO GCL.
4. DEALING WITH POTENTIAL BUYERS
4.1 For the purposes of this condition 4 the expression "Potential Buyer" means any person or entity responding to an advertisement of the Advertiser posted on the Website.
4.2 GCL THROUGH THE WEBSITE PROVIDES A MEDIUM FOR POSTING THE ADVERTISER'S ADVERTISEMENTS BUT IS NOT INVOLVED IN, AND DOES NOT CONTROL, ANY NEGOTIATIONS OR TRANSACTION BETWEEN ANY POTENTIAL BUYER AND THE ADVERTISER. THE ADVERTISER AND THE POTENTIAL BUYER ARE THEMSELVES ENTIRELY RESPONSIBLE FOR TRANSACTIONS ENTERED INTO WITH EACH OTHER PURSUANT TO ANY ADVERTISEMENT POSTED ON THE WEBSITE.
4.3 ANY TRANSACTION CONCLUDED BY THE ADVERTISER AND ANY POTENTIAL BUYER SHALL BE SUBJECT TO THE TERMS AND CONDITIONS OF THE CONTRACT ENTERED INTO BETWEEN THE ADVERTISER AND THE POTENTIAL BUYER. THE ADVERTISER ACCEPTS THAT GCL SHALL NOT BE RESPONSIBLE FOR ENSURING THE REASONABLENESS OR LEGALITY OF ANY SUCH CONTRACT WHICH IS ENTIRELY WITHIN THE RESPONSIBILITY OF THE ADVERTISER AND THE POTENTIAL BUYER. ACCORDINGLY, GCL DOES NOT ENDORSE, APPROVE OR OVERSEE AND HAS NO RESPONSIBILITY FOR OR CONTROL OVER ANY INFORMATION MADE AVAILABLE BY SUCH POTENTIAL BUYER TO THE ADVERTISER. THE ADVERTISER ACCEPTS THAT GCL CANNOT ENSURE THAT A POTENTIAL BUYER ACTUALLY COMPLETES A TRANSACTION.
4.4 THE ADVERTISER SHALL BE RESPONSIBLE FOR ENSURING THEIR SATISFACTION WITH THE GOOD FAITH, CREDITWORTHINESS AND ABILITY TO PERFORM CONTRACTUAL OBLIGATIONS OF ANY POTENTIAL BUYER.
4.5 THE ADVERTISER, IN RESPECT OF ANY DISPUTE WHICH IT MAY HAVE WITH A POTENTIAL BUYER, HEREBY RELEASES GCL (AND ITS AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF WHATEVER TYPE AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
5. FORCE MAJEURE AND OTHER MATTERS
5.1 GCL SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE OF ANY PART OF THE CONTRACT TO THE EXTENT THAT SUCH DELAY OR FAILURE IS CAUSED BY ANY CAUSE BEYOND ITS REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, FIRE, FLOOD, STRIKES, LOCK-OUTS, HARDWARE, SOFTWARE OR TELECOMMUNICATIONS FAILURE OR ANY GOVERNMENT ACTION.
5.2 GCL shall be entitled, without any liability on its part, to alter, suspend or terminate any Services to comply with any legal or regulatory requirements.
6. PAYMENT FOR ADVERTISEMENTS
6.1 The charges for the Services are as specified on the Website or a seperately advised. Unless otherwise stated, all amounts specified in the website or otherwise are inclusive of VAT
6.2 All payments (including any VAT and other applicable taxes) must be made by Credit or Debit card online or by telephone at the time the advertisement is submitted for approval or by cheque delivered to the address provided within [14] days of the date of the advertisement being submitted GCL shall then send you notification by e-mail that your cheque has cleared, if it accepts your advertisement and the date upon which the Services shall commence.
6.3 If the Advertiser fails to pay any invoice on its due date then the provisions of condition 7.3 shall apply.
6.4 All payments shall be made without set-off or counterclaim.
6.5 Without prejudice to condition 6.3, if any amount is not paid on its due date, GCL shall be entitled to charge the Advertiser interest on the unpaid amount at the rate of [2]% over [HSBC] Plc's base rate from time to time for the period from the due date to the date of payment as well after as before judgment.
7. TERMINATION
7.1 Either party shall be entitled to terminate the Contract:
7.1.1 forthwith by notice in writing if the other party shall become insolvent or have an administrator or liquidator appointed or a receiver appointed over all or a substantial part of its assets;
7.1.2 forthwith by notice in writing if the other party is in default under the Contract and fails to remedy such default within 30 days of written notice requiring it to do so.
7.2 Upon termination of the Contract, GCL shall cease to provide the Services. No amount paid by GCL shall be refunded to the Advertiser except in the case of GCL's default in which case a pro rata rebate shall be made.
7.3 GCL shall be entitled at any time to withdraw any Services and/or suspend any advertisement if the Advertiser is in breach of any term of the Contract until such time as such breach has been remedied.
8. YOUR RIGHT TO CANCEL
By agreeing to these terms and conditions you accept that the provision of the Services shall commence within 24 hours of entering into the Contract as set out in clause 6.2 and you agree that your right to cancel the Contract under the Consumer Protection (Distance Selling) Regulations 2000 shall thereupon cease.
9. INDEMNITY
WITHOUT PREJUDICE TO ANY OTHER RIGHT OR ACTION WHICH GCL MAY HAVE, THE ADVERTISER SHALL INDEMNIFY AND HOLD HARMLESS GCL AGAINST ALL LOSSES, COSTS, CLAIMS, EXPENSES, DEMANDS, ACTIONS, DAMAGES, LEGAL AND OTHER PROFESSIONAL FEES AND EXPENSES ON A FULL INDEMNITY BASIS WHICH GCL MAY SUFFER OR INCUR IN CONNECTION WITH ANY ADVERTISEMENT CONTENT AND/OR SERVICE PROVIDED UNDER THE CONTRACT OR BY REASON OF ANY BREACH OF ANY OF THE ADVERTISER'S OBLIGATIONS UNDER THE CONTRACT.
10. GENERAL
10.1 The Advertiser may not assign or transfer any of its rights or obligations under the Contract without the prior written consent of GCL.
10.2 No delay or failure by GCL to exercise any of its powers, rights or remedies under the Contract will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver, to be effective, must be in writing.
10.3 If any part of the Contract is found by any court or competent authority to be illegal, void or unenforceable, then that part shall be deemed not to be a part of the Contract and the enforceability of the remainder of the Contract shall not be affected.
11 CHOICE OF LAW AND JURISDICTION
11.1 The Contract shall be governed by and construed in accordance with English law.
11.2 GCL and the Advertiser irrevocably agree that the Courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under or in connection with the Contract, and for those purposes irrevocably submit all disputes to the jurisdiction of the English Courts.
12 VARIATION TO TERMS AND CHANGES
12.1 GCL may change, suspend or discontinue any aspect of the Services in its absolute discretion at any time for any reason without notice or liability. In addition, GCL reserves the right, in its sole discretion, to correct any errors or omissions in any part of the Services or the Website.
12.2 Any information provided by GCL in or on the Website is updated by GCL from time to time and may not, therefore, at all times be current. The Advertiser should use proper skill and care in the use of such information, including the checking of such information against other sources where appropriate, and is wholly responsible for any expenditure made based upon such information.
12.3 GCL may amend, modify or supplement the Contract at any time by posting the amended, modified or supplemented terms on the Website. Such amended, modified or supplemented terms of business shall be automatically effective [five (5)] working days after being posted on the Website. The foregoing shall not affect any transactions which are in progress as of the date and time of such amendment, modification or supplementing, which transactions shall continue to be governed by the previous terms and conditions of the Contract.
TERMS OF BUSINESS FOR POTENTIAL BUYER
1. The expression "Advertiser" means any person or entity posting an advertisement for sale of any item on the Website; "GCL" means Grandparents Club Limited; and "Potential Buyer" means any person or entity considering entering negotiation to purchase any item from an Advertiser.
2. GCL THROUGH THE WEBSITE PROVIDES A MEDIUM FOR POSTING THE ADVERTISER'S ADVERTISEMENTS BUT IS NOT INVOLVED IN, AND DOES NOT CONTROL, ANY NEGOTIATIONS OR TRANSACTION BETWEEN ANY POTENTIAL BUYER AND THE ADVERTISER. THE ADVERTISER AND THE PROSPECTIVE BUYER ARE THEMSELVES ENTIRELY RESPONSIBLE FOR TRANSACTIONS ENTERED INTO WITH EACH OTHER PURSUANT TO ANY ADVERTISEMENT POSTED ON THE WEBSITE.
3. ANY TRANSACTION CONCLUDED BY THE ADVERTISER AND ANY POTENTIAL BUYER SHALL BE SUBJECT TO THE TERMS AND CONDITIONS OF THE CONTRACT ENTERED INTO BETWEEN THE ADVERTISER AND THE POTENTIAL BUYER. THE POTENTIAL BUYER ACCEPTS THAT GCL SHALL NOT BE RESPONSIBLE FOR ENSURING THE REASONABLENESS OR LEGALITY OF ANY SUCH CONTRACT WHICH IS ENTIRELY WITHIN THE RESPONSIBILITY OF THE ADVERTISER AND THE POTENTIAL BUYER. ACCORDINGLY, GCL DOES NOT ENDORSE, APPROVE OR OVERSEE AND HAS NO RESPONSIBILITY FOR OR CONTROL OVER ANY INFORMATION MADE AVAILABLE BY THE ADVERTISER TO SUCH POTENTIAL BUYER. THE POTENTIAL BUYER ACCEPTS THAT GCL CANNOT ENSURE THAT AN ADVERTISER ACTUALLY COMPLETES A TRANSACTION.
4. THE POTENTIAL BUYER SHALL BE RESPONSIBLE FOR ENSURING THEIR SATISFACTION WITH THE GOOD FAITH AND ABILITY TO PERFORM CONTRACTUAL OBLIGATIONS OF ANY ADVERTISER.
5. THE POTENTIAL BUYER, IN RESPECT OF ANY DISPUTE WHICH IT MAY HAVE WITH AN ADVERTISER, HEREBY RELEASES GCL (AND ITS AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF WHATEVER TYPE AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
6. The Potential Buyer must ensure any item proposed to be purchased is permitted to be imported to the intended country of delivery and that any export and/or import licenses that may be required can be obtained.
TERMS OF USE FOR THE WEBSITE
COPYRIGHT
It is a condition of Grandparents Club Limited ("GCL") allowing you free access to the material on this website that you accept the terms and conditions of this notice.
The contents of this website are copyright GCL 2008. The copying or incorporation into any other work of part or all of the material available on this website in any form is prohibited save that you may:
(a) print or download extracts of the materials on this site for your personal use; or
(b) copy the materials on this site for the purpose of sending or displaying to individual third parties for their personal information, provided that you acknowledge GCL as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them.
DOWNLOADS AND STREAMING
You may download or stream computer files from the Website (subject to the provisions of Purchasing of Downloads and Streaming set out below [link]) or use links to other websites from where you can download or stream computer files including (without limitation) files containing executable programs or comprising, product descriptions and/or marketing materials (each a "Download"). Such Downloads are, where downloaded from the Website subject to these terms and conditions, where downloaded from a linked website subject to the terms and conditions on that website, and in both instances subject to any other terms and conditions you accept during the installation process of the Downloads.
You may not remove any product identification, copyright notices or other notices from materials or Downloads, or any copies thereof which you may have made.
The Website the materials and/or the Downloads may contain/display: (i) trade marks that are not owned by GCL; and (ii) devices/logos/characters which are protected by copyrights not owned by GCL (together "Third Party Marks"). GCL does not make any claim of ownership in relation to any Third Party Marks. Use of a Third Party Mark in the Website, the materials and/or the Downloads does not constitute endorsement by/of the relevant owner of such Third Party Mark unless specifically stated.
STATUS
GCL DOES NOT ACT AS AGENT FOR OWNERS/SELLERS ("ADVERTISERS") WHO ADVERTISE ITEMS FOR SALE UPON THIS WEBSITE. ADVERTISERS HAVE WRITTEN AND ARE RESPONSIBLE FOR THE CONTENTS OF THEIR INDIVIDUAL ADVERTS.
ADVERTS
GCL DOES NOT VERIFY THE ACCURACY OF THE INFORMATION CONTAINED WITHIN ANY ADVERT AND YOU SHOULD CHECK THOROUGHLY ANY DETAILS SUPPLIED BEFORE RELYING UPON THE SAME AND/OR BEFORE INCURRING ANY COSTS. GCL IS NOT RESPONSIBLE FOR ANY INACCURACY, MISLEADING STATEMENT OR REPRESENTATION MADE BY ANY ADVERTISERS WHETHER WITHIN AN ADVERT UPON THIS WEBSITE OR OTHERWISE.
INFORMATION PROVIDED
INFORMATION AND DOWNLOADS ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALL SUCH WARRANTIES ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
Information and Downloads on this website may be incomplete, out of date or inaccurate and may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Advertisers may make improvements and/or changes in the details provided at any time without notice. It is therefore essential that you verify all such information with the Advertisers before taking any action in reliance upon it.
LINKS AND BANNERS
GCL makes no representations whatsoever about any other website which you may access through this one. When you access a website which does not belong to GCL, please understand that it is independent from GCL, and that GCL has no control over the contents of that website. In addition, a link to a non-GCL website does not mean that GCL endorses or accepts any responsibility for the content, or the use, of such website or any products or services offered through it.
LIMITATION OF LIABILITY
IN NO EVENT WILL GCL BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE OR DOWNLOADS AND/OR STREAMING OBTAINED FROM IT OR ANY USE OF ANY OTHER HYPER-LINKED WEBSITE INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF GCL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GCL PROVIDES THE SERVICES "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, GCL DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTIONS, BE TIMELY, SECURE OR ERROR-FREE AND SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE UNAVAILABILITY OF THE WEBSITE FROM TIME TO TIME OR FROM YOUR INABILITY TO USE THE WEBSITE.
IN NO EVENT WILL GCL BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING IN CONTRACT, TORT OR OTHERWISE, INCLUDING LOSS OF PROFITS, EVEN IF GCL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR DEATH OR PERSONAL INJURY ARISING FROM GCL'S NEGLIGENCE.