04 October 2009|
Terms and Conditions of Use
This Community Portal website (“Website”) is managed by the Now Portal Group and owned by Burham Internet Ltd ("Burham").
All use of our Website is on these terms and conditions stated on this page (the “Terms”). If you do not accept any of the Terms stated here, then cease use of the Website NOW.
Please read this page carefully. By accessing the Website you accept and agree to be bound by these Terms in full. Burham may modify or revise these Terms at any time and all modification or changes will be posted by updating this Website. Any use by you of the Website after any such changes have been posted shall be deemed to indicate your agreement to the modified Terms. If you do not agree to the modified Terms, then you should cease use of the Website.
Information and Warranties
The contents of this Website, including but not limited to text, graphics, illustrations, logos, software, trademarks, service marks and other material ("Material") are protected by copyright and other intellectual property rights in the Material on this Website (including without limitation photographs and graphical images) is protected by United Kingdom and international copyright and database right laws. The compilation of all content on this Website is protected by United Kingdom and international copyright and database right laws. All software used on this Website is protected by United Kingdom and international copyright laws.
You can view the Material on the Website solely for your personal, non-commercial use, but you may not sell or modify the Material or reproduce, display, distribute, or otherwise use the Material in any way for any public or commercial purpose without the written permission of Burham. If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies of the Material you have made.
The Website and Material contained therein are provided on an "as is" basis without any warranties of any kind, either express or implied. Burham disclaims all warranties, included but not limited to warranties of title, quality, accuracy, suitability, completeness, fitness for a particular purpose, freedom from viruses and non-infringement of third party rights. We work very hard to make sure information on the Website is accurate and up-to-date. Let us know if you find anything that is wrong. However, you should check independently any information before you rely on it. No representations are made by us that the information is accurate and up-to-date or complete and we do not accept liability for loss arising from any inaccuracy or information that is out of date. We make no warranties about the accuracy, completeness, reliability or timeliness of the material or the links presented on the Website.
We do not warrant that the Website will operate without error or that the Website and its server are free of computer viruses or other harmful code. Burham is not responsible for any costs associated with servicing or replacing your equipment or data due to your use of this Website. The Website contains materials provided by third parties, and likewise Burham will not be held responsible for any such third party material.
Limitation of Liability
Burham, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of Burham’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with:
(i) this Website;
(ii) the use, inability to use or the results of use of this Website;
(iii) any websites linked to this Website or the material on such websites;
(iv) your downloading of any material from this Website or any websites linked to this Website; or
(v) viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website.
Nothing in this legal notice shall exclude or limit Burham’s liability for:
(i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
(ii) fraud; or
(iii) misrepresentation as to a fundamental matter; or
(iv) any liability which cannot be excluded or limited under applicable law.
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
Responsibilities & Privileges General
The Website includes postings, listings, stories, and articles from third parties. It also contains a photo gallery and a forum. These Terms apply to all sections of the Website, they are designed to protect us and you, and to ensure that everyone can use the Website and benefit from it safely. Such content is the responsibility of the creator of that third party content. Burham has no responsibility for such content and is merely providing access to such content as a service to you. While Burham will endeavour to remove any offensive or harmful content from the Website as soon as it comes to our attention, third party materials may include offensive, inappropriate, harmful, or deceptive information. We expect you to use caution, common sense and exercise good judgment when using third party information.
You agree that you are responsible for your own submissions and postings and to comply with any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising). For any consequences from these submissions you must indemnify us for any loss we suffer through this. You agree to use the Website only to post materials that are legal, decent, honest, complete and accurate and that complies with all relevant codes including the British Code of Advertising Practice and all other code under the general supervision of the Advertising Standards Authority. You agree not to advertise under the Financial Services Act 1986.
As an example, but not as a limitation, you agree that when using this Website you will not:
(i) defame abuse, harass, threaten, or otherwise violate the legal rights or the privacy of and publicity of others;
(ii) post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material as expressly permitted under copyright law;
(iii) post any files that contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
(iv) advertise or offer to sell any goods or services for any commercial purpose, other than in areas of the Website intended for such uses;
(v) impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted;
(vi) restrict or inhibit any other user from using and enjoying the use of the Website;
(vii) conduct or forward competitions such as, surveys or chain letters;
(viii) hack into any part of the Website;
(ix) send any unsolicited advertisement or other promotional material i.e. spam;
(x) commit or encourage a criminal offence;
(xi) post any material that is obscene, indecent or contains child pornography;
(xii) post any material that is fraudulent or involves the sale of counterfeit or stolen items;
(xiii) cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
(xiv) link directly or indirectly to or include descriptions of goods or services that are prohibited under these Terms or that you do not have a right to link to or include
Burham makes no claims that the materials presented are appropriate for any particular purpose or audience. Access to the materials may not be legal by certain persons therefore if you access the Website either from outside of the United Kingdom or inside the United Kingdom, you are responsible for compliance with the laws of your jurisdiction.
Use of Public Information
By posting communications on or through our Website, you automatically grant Burham a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the information alone or as part of other works in any form, media or technology whether now known or hereafter developed. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You agree to waive any moral rights which you may have in such material.
Burham may, in appropriate circumstances and at its sole discretion, remove or disable access to material on the Website that infringes copyright or the rights of others. If you believe that your work has been used on the Website in a manner that constitutes copyright infringement, please provide Burham with a written notice - by e-mail, and must be confirmed by post - this should includes the following information:
The signature (electronic or physical) of a person authorised to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed. A description of where the material in question is located on the Website. Your mailing address, telephone number, and email address. A statement from you, that you believe in good faith that the disputed contents are not authorised by the copyright owner, its agent, or the law. A statement also by you that, the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf. Burham’s address for notice is at the bottom of the page.
Burham offer the following services
(i). Motoring section. - To publish an advert for the sale of a motor vehicle or motor services for 30 days.
(ii). Property section. - To publish an advert for either rent/lease or sale of a property for 30.days.
(iii). Jobs section. - To publish an advert for job recruitment for 30 days.
(iv). Classified section. - To publish an advert for the sale of personal belongings for 30 days.
(v). Community section. - To publish an advert for a community group or activity and /or non commercial organisation for 365 days.
(vi). Business section. - To publish an advert for a commercial organisation.
(vii). Dating section. - Online dating is supplied for "now-date.co.uk" by Learnmore Internet Ltd (see their terms and conditions).
Formation of Contract
The contract between you and Burham will be formed on these Terms when Burham sends an e-mail to you acknowledging receipt of cleared funds from you through Paypal.
Burham reserves the right to cancel the contract with you if your listing does not comply with these Terms.
Distance Selling Regulations
Burham comply with the Consumer Protection (Distance Selling) Regulations 2000.
These regulations require us to give consumers certain information before the contract is made. This information is as follows:
(i). Burham's identity. - See "Contact details" below.
(ii). Description of services. - See "Services" information above.
(iv). Delivery costs. - Services supplied by Burham have no delivery charges.
(v). Arrangement for payment. - All payments (except Dating section) are made to Burham Internet Ltd via "Paypal" secure payment system or by cheque. The Dating and Merchandise sections use their own payment gateway, please see their terms.
(vi). Arrangement for performance. – Pursuant to the Terms, all listings are approved or rejected within 48 hours of Burham being notified by “Paypal” that there are cleared funds available and if approved your listing will be posted on the Website. Burham will inform you in writing if your listing has been rejected. Any rejected listing can be modified or cancelled by you in writing.
(vii). Rights to cancel. – Insofar as you are a “consumer” (as that term is defined in the Consumer Protection (Distance Selling) Regulations 2000), you agree that the provision of the Services under these Terms may, by agreement between you and Burham, take place before the end of any applicable cancellation period, in which case the right to cancel such provision of the Services shall not apply.
Once you have notified us in writing that you are cancelling the contract between you and Burham or once Burham has notified you that it is cancelling the contract with you, any sum credited to us from your credit or debit card will be re-credited to your account as soon as possible and in any event within 30 days of your order.
(viii). Cost of communication. - We do not charge for communicating with us.
Burham does not control or endorse the contents and is not responsible for the information posted by registered members, and has no obligation to monitor postings. However, Burham reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in Burham’s sole discretion.
Burham does not endorse, support, represent or guarantee the truthfulness; accuracy or reliability of any information posted by third parties, or endorses any opinions expressed by them. You acknowledge that any reliance on material so posted will be at your own risk.
If Burham is notified by a user of content which allegedly does not conform to any term of this Agreement, we will make all reasonable endeavours to investigate the allegation. At our sole discretion we will determine in good faith whether to remove or request the removal of the content. Burham will have no liability or responsibility for performance or non-performance of such investigation. Burham reserves the right to terminate or restrict your access to any or all Membership privileges at any time without notice for any reason whatsoever.
Links to Other Websites
The Website contains links to third party websites that are maintained by others. These links are provided solely as a convenience to our users, and are not an endorsement by Burham of the contents on such third-party websites. Burham has not reviewed all of these third-party websites and does not control and is not responsible for the content of linked third-party sites and does not endorse nor make any representations regarding the content or accuracy of materials on such third-party sites or any results that may be obtained from using them. If you decide to access linked third-party websites, you do so at your own risk.
Indemnity and Termination
You agree to defend, indemnify and hold harmless the Website, Burham, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use of the Material or your breach of the Terms. Burham will provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending any such claim, suit or proceeding. This indemnity shall survive termination of the Agreement. Burham reserves the right to cease operating the whole or any part of the Website at any time.
The termination of this Agreement (for any reason) shall;
(i) be without prejudice to any other rights or remedies which Burham may be entitled to under this Agreement or at law;
(ii) not affect any accrued rights or liabilities which Burham may then have; and
(iii) not affect the coming into or continuance in force of any provision of this Agreement which is expressly or by implication intended to come into or continue in force after such termination.
General Disclaimer General
Burham may freely assign this Agreement. You may not assign or transfer your rights under this agreement.
Failure by us to enforce a right does not result in the waiver of such right.
Burham is headquartered in Whitchurch, England and any formal legal notices should be sent to this address.
Burham Internet Ltd
1c Church Street,
Registered in the UK, No 5421216
You agree that English law shall apply to these terms and to submit to be jurisdiction of the English courts if a dispute arises. We aim to ensure our Website complies with English law but not laws of any other country. If there is anything on the site that you are not allowed under the Laws to which you are subject to access or see then cease using the Website immediately.
Any sum payable by one party to the other shall be exclusive of VAT which must, where it is chargeable, be paid in addition to the sum in question at the time when the sum in question is due to be paid.
If any part of these Terms are unenforceable (including any provision in which Burham exclude its liability to you) the enforceability of any other part of these Terms will not be affected.
Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.