Effective Date: 31 January 2016
1.1 This website is owned and operated by Green Contact Book Ltd. Our company information is at the end of this document.
1.2 Please read these terms and conditions carefully. They cancel and replace any previous versions. By registering on or using our Service (as defined below) you agree to be bound by these terms and conditions. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future. These terms and conditions are available in the English language only.
1.3 These terms and conditions apply to all Users.
2.1 Capitalised terms have the following meanings in these terms and conditions:
- “Content” – all information of whatever kind (including contact information, posts, comments, blogs, chat, images, photos, audio, video, advertisements, messages etc.) published, stored or sent on or in connection with our Service.
- “Service” – our website, the services we offer by means of our website and any related software and services.
- “User” – persons or organisations using our Service (whether or not registered with us) including Advertisers.
- “Virtual Items” – virtual items for sale on our Service.
3. Changes to the terms and conditions
3.1 We may change these terms and conditions by posting the revised version on our website at least 14 days before they become effective. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our Service following the effective date shown.
4. Use of our Service
4.1 We grant Users a limited personal non-transferable right to use our Service subject to these terms and conditions.
4.2 You are not eligible for, and must not use or register on, our Service if:
- you are below 18 years of age; or
- you are a consumer, meaning an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
4.3 Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.
4.4 By agreeing to these terms and conditions as an agent, you confirm that the client for whom you act in connection with use of our Service is bound by these terms and conditions and that you are independently bound on your own behalf.
4.5 We reserve the right in our discretion to refuse any application to become a User. You only become a User when you receive email confirmation from us.
4.6 You may only use any trial period for the purpose of a genuine assessment of the Service. You must not attempt to use the Service for more than one trial period.
4.7 You agree that you will not in connection with the Service:
- breach any applicable law, regulation or code of conduct;
- publish or send any Content (including links or references to other content), or otherwise behave in a manner, which:
- is defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;
- infringes any intellectual property or other rights of others;
- involves phishing or scamming or similar; or
- we otherwise reasonably consider to be inappropriate;
- publish or send any Content which involves revealing any personal data of another person (i.e. information enabling someone to be identified or contacted) unless that person is 18 years or over and you have obtained that person’s explicit written consent to use of their data in accordance with these terms and conditions and our our privacy and cookies policy
- impersonate any person or entity for the purpose of misleading others;
- publish or send any Content which links to any third party websites which are unlawful or contain inappropriate Content;
- sell access to the Service;
- use the Service to provide a similar service to third parties or otherwise with a view to competing with us;
- sell advertising, sponsorship or promotions on or in connection with Content except where explicitly authorized by us;
- use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;
- do anything which may have the effect of disrupting the Service including worms, viruses, software bombs or mass mailings;
- do anything which may negatively affect other Users’ enjoyment of the Service;
- gain unauthorised access to any part of the Service or equipment used to provide the Service;
- use any automated means to interact with our systems excluding public search engines; or
- attempt, encourage or assist any of the above.
4.8 You must not do anything which damages, or might damage, our reputation.
4.9 You must comply with any guidelines or requirements on our website.
4.10 You must promptly comply with any reasonable request or instruction by us in connection with the Service.
4.11 We are entitled to impose and/or change limitations on usage of our Service, for example in relation to bandwidth.
4.12 You must ensure that any contact or other information which you supply to us is accurate and not misleading and you will update it so that it remains so.
4.13 We do not supply support except to the extent specifically stated on our site, as may be varied from time to time.
5. Your Content
5.1 You are responsible for your Content.
5.2 You promise to us that you have (and will retain) all rights and permissions needed to enable use of your Content as contemplated by the Service and these terms and conditions.
5.3 We reserve the right to vet certain kinds of Content, such as events, press releases and “look books”, before they are posted on our website.
5.4 We reserve the right without notice or refund to suspend, alter, remove or delete Content or to disclose to the relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant Content.
5.5 We do not accept responsibility if your Content is misused by other Users as this is outside our reasonable control.
5.6 It is your responsibility to make your own backup of any Content stored within the Service to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.
5.7 We reserve the right to place advertisements adjacent to or within your Content. We retain all revenue from such advertisements.
5.8 We reserve the right without notice to irretrievably delete your Content following cancellation of this agreement or if your account has been inactive for six months.
6. Content of other Users
6.1 We do not endorse or recommend any Users or their Content. You rely on such information and/or deal with other Users at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Content or in connection with any dealings between Users. It is your responsibility to carry out careful and detailed investigations before dealing with other Users including use of or reliance on their Content.
6.2 You acknowledge that in using the Service you may be exposed to offensive or other inappropriate Content or behaviour. If so, you must notify us immediately by e-mailing email@example.com. We are under no obligation to enter into dialogue on the receipt of a complaint, nor are we obliged to act on every complaint received or to advise you of any action we do decide to take. All complaints must clearly explain the reason for complaint. If appropriate, you should seek relevant external help, for example from law enforcement authorities and/or stop using the Service.
6.3 If you are an upgraded subscriber, your use of contact information or other Content made available to you within our directory must comply with any requirements specified on our Code of Conduct page (as may be varied from time to time) as well as with the highest industry standards. You must keep such information strictly confidential.
7. Third party services / advertising / websites
7.1 We may use third party-provided services or display third party advertising within our Service and/or link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or services. You use them at your own risk.
8. Guidance by us
8.1 Any guidance or similar information which we ourselves make available on our Service is intended as very general guidance information but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
9. Your account
9.1 Your account on our Service is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
10.1 Subscriptions can be acquired at the prices, for the periods and by the payment methods specified on our Service. Payment is in advance.
10.2 The prices shown on our website exclude VAT unless we say otherwise.
10.3 You are legally committed to pay your subscription payment once we confirm your order.
10.4 Where specified on the payment page of our Service when you subscribed, your subscription will continue to be auto-renewed for the same subscription period which you signed up to unless you cancel before the renewal date by following the instructions on our Service. You authorise us and our third party payment provider to charge your payment card for the relevant amounts when payments are due in accordance with this agreement.
10.5 We may at any time change our subscription prices. The new rate takes effect if you apply for a new subscription after we post the new prices on our Service. For existing subscribers, we will give you notice by email at least one month before any price change takes effect. If you do not accept the new fee, you should cancel your subscription as explained below. Otherwise the next renewal of your subscription after the one month’s notice will be at the new price.
10.6 You must contact us immediately with full details if you dispute any payment.
10.7 We may charge for advertisements on the basis of clicks, impressions, leads or other events (“Event”) or in some other way, such as a fixed rental payment. In the case of “pay per click” advertisements, a click means all clicks by a unique user on an advertisement over a 24 hour period. In the case of CPM advertisements, an impression means a single instance of an advertisement being displayed. You acknowledge that our tracking records shall be conclusive as to the occurrence of any Event.
10.8 You may at any time cancel your advertisement by following the instructions on our Service. Such cancellation does not give rise to any refund.
10.9 Invoices for fees which are not payable in advance must be paid within whatever period is specified on the invoice or, if none, 14 days. You must make all payments without any set-off, counterclaim or any other deduction. Time shall be of the essence for all payments under this agreement.
10.10 If any amount due to us is unpaid (including unjustifiable chargeback), without prejudice to any other remedy that may be available to us, we may charge you: (1) a reasonable additional administration fee; (2) the amount of any third party charges imposed on us; and/or (3) interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998.
11. Suspension / cancellation
11.1 You may at any time cancel this agreement (including your subscription) by following the instructions on our Service. A request for cancellation under this clause does not give rise to any refund.
11.2 We are entitled at any time to cancel this agreement by email notice without cause. If so, we will refund in full any fees already paid which relate to the period after cancellation.
11.3 We are entitled at any time to cancel this agreement by email notice without refund if we terminate our Service as a whole.
11.4 We are entitled at any time to cancel this agreement (with or without notice) or suspend part or all of our Service if we have reason to believe that you have breached our terms and conditions or if any fees due to us are unpaid / unjustifiably charged back or if it is necessary to protect us or others or if we are required to do so by law or appropriate authority. There will be no refund of your subscription.
11.5 Following cancellation of this agreement: Your right to use our Service is terminated. Accrued rights and liabilities are unaffected. All clauses in this agreement which are stated or intended to continue after cancellation will continue to apply. You must not attempt to re-register for or continue to use our Service if we have given you notice of cancellation.
12. Functioning of our Service
12.1 We do not guarantee that the Service will be uninterrupted or error-free and are not responsible for any losses arising from such interruptions or errors.
12.2 We are entitled, without notice and without liability, to suspend the Service for repair, maintenance, improvement or other technical reason.
12.3 We are entitled, without notice and without liability, to make changes to the Service provided these do not have a material adverse effect.
13.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
13.2 You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
13.3 If you are a subscriber or have otherwise paid any fees for use of our Service, our liability of any kind (including our own negligence) with respect to our Service for any one event or series of related events is limited to the total fees paid and payable by you to us in connection with our Service.
13.4 In no event (including our own negligence) will we be liable for any:
- economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
- loss of goodwill or reputation;
- special, indirect or consequential losses; or
- damage to or loss of data (even if we have been advised of the possibility of such losses)
13.5 You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
13.6 To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
13.7 This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
14. Intellectual property rights
14.1 All trade marks, logos, Content, graphics, images, photographs, animation, videos, text and software used on the Service are our intellectual property or that of other Users. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
14.2 Just to be clear – you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.
14.3 If you publish any Content on our Service, you grant us a worldwide, perpetual, non-exclusive, transferable (with right to sub-license), royalty-free licence to use, copy, alter, display, and create extracts of, or derivative works from, that Content in any media formats, on our own Service, on our other channels including mobile, email communications, social media, PR, competitions and press releases and also on third party media, including for the purpose of redistribution or promotion of our Service. You waive your moral rights in relation to such Content to the extent legally permitted.
14.4 You also grant each User a licence to use your Content in accordance with these terms and conditions or as otherwise specified on our Service.
15.1 You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.
16. Events outside our control
16.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
17.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
18. English law
18.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the English courts.
19.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.
20.1 If you have any complaints, please contact us via the contact details shown below.
21. Promotional Offers
21.1 Green Contact Book reserves the right to terminate the use of promotional codes at any time. In addition, we reserve the right to decline to accept package upgrades where, in our opinion, a promotional code is invalid or is being used in a way that goes against all that is stated in this agreement.
21.4 Should the User cancel a package that has had a promotional code applied to it, our refund policy applies.
22. Company information
22.1 Company name: Green Contact Book Ltd
22.2 Country of incorporation: England and Wales.
22.3 Registered number: 9809107
22.4 VAT number: 232 7396 04
22.5 Registered office and trading address: 29 North Hill, Colchester, Essex, CO1 1EG, United Kingdom.
22.6 Phone number: 01206 912914.
22.7 Email address: firstname.lastname@example.org.