Terms and Conditions
Orders for the placement of advertisements on the website Find a Guitar are accepted subject to the following conditions. Your attention is particularly drawn to Clauses 4 and 5 (Liability and Indemnity).
In these conditions: "You" means the person, firm or company placing an advertisement (or if more than one person is placing an advertisement all such persons jointly and severally); "Advert," means any material received by us from you for placement on the Website; and "The Website" means www.findaguitar.co.uk
2.Content of Adverts
2.1 All Adverts must be legal, decent, honest and truthful, and comply with the British Code of Advertising Practice (in force from time to time), all other relevant advertising (or other) legislation, and our Guidelines for Advertisements.
2.2 You confirm that you have all relevant consents licences and approvals to publish the Advert and that such publication shall not breach of any third party intellectual property or other rights.
2.3 You confirm that you have the right to sell the goods and that they comply with UK & European Legislation where appropriate and in particular that they are EC marked where necessary.
3. Editorial Rights
3.1 By placing an Advert on the Website, you assign all copyright in the advert to us and agree to waive all moral rights in relation to the Advert. We have absolute discretion: to amend or edit the Advert at any time; and to remove the Advert from the Website.
4.1 Although every care is taken in the preparation of the Website, you acknowledge that it is not technically possible to run the Website free of all faults, and we give no warranties as to the continued operation of the Website. Without limitation to the foregoing, we accept no liability: for any Adverts not received by us or received in a corrupted form; for any time the Website is not operational due to faults or maintenance; for Adverts on the Website becoming out-of-date, containing typographical errors, or otherwise being factually inaccurate; or for any matters arising from circumstances beyond our reasonable control (including but not limited to power cuts, acts of God, civil disturbance, terrorism, or government or parliamentary restrictions or prohibitions). We shall not be liable in contract, in tort or otherwise for any loss of profits, business, revenue, goodwill or anticipated savings nor for any indirect, consequential or economic loss whatsoever arising in connection with these conditions.
4.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law excluded, save that nothing in these conditions excludes or limits liability for our fraud or death or personal injury caused by our negligence.
4.3 If notwithstanding the provisions of these conditions purporting to exclude or limit our liability we are found liable to you then our total liability to you in contract, tort or otherwise in arising in connection with these conditions shall be limited to the total of such fees paid or payable by you to us under these conditions.
4.4. Due to the complex nature of datafeeds and the reliance on third parties we accept no liability for any form of datafeed containing incorrect or corrupted data either inbound to www.findaguitar.co.uk website or going to third party websites, you agree that we cannot be held liable for any losses including financial or consequential losses, if you are unable to accept these terms we would strongly advise that you manually enter the data directly in the admin area of the site.
5.1 You agree that you are responsible for all complaints, legal actions or threatened legal actions relating to an Advert and agree to keep us indemnified from all costs, damages and other losses howsoever arising from the publication of any Advert on the Website (excluding those losses arising exclusively from editorial changes made by us on your Advert) including without limitation any costs incurred by us in enforcing our rights under these conditions.
5.2 You agree to further indemnify us against any losses we suffer as a result of your sending us material containing viruses or other files which cause damage or corruption to the Website or to our IT systems.
6. Terms for Traders
The following terms apply only to those persons in the trade of musical instrument retail who have entered or are about to enter into contracts with us for the publishing of bulk orders of Adverts in return for a fee:
6.1 Invoices are due for payment immediately upon receipt. The existence of a query on any invoice or part thereof shall not affect the due date of payment for any invoices or parts thereof that are not subject to a query. All payments must be made in Pounds Sterling. Any payments sent by post are at your risk.
7.1 These conditions shall be interpreted, construed and enforced in all respects in accordance with English law and you and we each irrevocably agree to submit to the exclusive jurisdiction of the English Courts in respect of any dispute or claim arising out of or in connection with these conditions.
7.2 If any provision of these conditions is unlawful, void or unenforceable then that provision shall be deemed deleted and its deletion shall not affect the validity and enforceability of the remaining provisions.
7.3 No failure by us to exercise any of our rights under these conditions shall operate as a waiver of our rights.
7.4 The contract formed on these conditions between you and us is for the sole benefit of you and us and is not intended to confer any benefit upon any third party whether under the Contract (Rights of Third Parties) Act 1999 or otherwise and no third party shall have any right to enforce it.
7.5 Your rights under these conditions are personal to you and us and you shall not assign or transfer them. We shall be able to assign or transfer our rights under these conditions at will.