Transactions and Service
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TRANSACTIONS AND SERVICE TERMS AND CONDITIONS
This page (together with the documents referred to on it) tells you the terms and conditions on which Koncept Media Limited (“we”, “us” or “our”) offers certain services (Services) through our website www.onlyuncle.com (our site) to our site visitors (“you” or “your”).
Please read these terms and conditions carefully before you subscribe to any of our Services or conduct any transactions through our site. You should understand that by subscribing for any Services or by participating in a transaction which is completed, you agree to be bound by these transactions and service terms and conditions (“Service Terms”).
These terms and conditions are supplementary to the website terms of use. Where a conflict exists between these terms and the website terms of use, these terms will take precedence to the extent necessary to resolve the conflict. You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be entitled to register as a member with our site and will not be entitled to use our Services or participate in a transaction.
1. YOUR STATUS To be eligible to register for membership with our site and thereby subscribe for any Services or participate in a transaction you warrant that: (a) you are legally capable of entering into binding contracts (b) you are at least 18 years old; (c) any information you provide about yourself on this site is accurate and current; and (d) that if you provide us with details of a credit, debit or charge card, you undertake that you are fully entitled to use that card and that it contains sufficient funds to cover the charges which we will deduct from it.
2. REGISTRATION AND ACCOUNTS 2.1 Registration to our site is not a requirement for all of the functionally of our site, however, you must register in order to be involved in a transaction or to subscribe to any Services from our site. 2.2 At the time of registration you will need to supply us with your name, postcode, a valid email address, payment details and possibly some other personal information. You are reminded of our privacy policy that applies to our processing and use of personal data. 2.3 Following the completion of the registration process, we will allocate a password to you for your account. The provisions of clause 2 (Accessing our site) of our website terms of use will be applicable for all passwords. 2.4 We reserve the right to decline any registration or to cancel an account at any time without notice and without cause.
3. OFFERS You accept that each time you upload any data to your account with us or add to or vary any of the terms of any of the promotional offers that you exclusively offer to users of our Site (“Offers”) you will be treated as having entered into a further contract with us incorporating our then current terms and conditions. 3.1 You must provide details of Offers to us using our dedicated online registration portal at www.onlyuncle.com (“Portal”) and you must include the terms and conditions of the Offer as mandatory information for your Offer to be accepted onto the Site. 3.2. You will honour each Offer submitted to us for promotion though our promotional programme (“Programme”) and taken up by any of our subscribers. If you transfer ownership or control of your business you must ensure that the transferee will do so also. 3.3. We have the right to promote your Offers via our Programme during the promotion period you select when uploading the Offers via our Portal (“Discount Period”). You undertake to abide by the rules and privacy policy for the time being of both us and the Programme as published from time to time on our Portal website. 3.4. We will BEAR ALL THE EXPENSES FOR THE MARKETING, PRODUCTION, SALE AND DISTRIBUTION OF THE AFOREMENTIONED Programme except as otherwise indicated on the Portal. We do not represent or warrant (a) that access to our Portal or the Programme, or any part of it will be uninterrupted, reliable or fault free (b) the accuracy, completeness or suitability for any purpose of the information and related graphics published on our site. 3.5. You represent and warrant that (a) you have the right to authorise and you hereby grant us an irrevocable royalty free licence (i) to use your trade name, logo, trade mark, service mark, other corporate identifiers and proprietary designations, photograph, menu, and any other material supplied by you to us("Content") in connection with the Offer for the promotion of the Offers via the Programme and for the marketing and promotion of the Programme itself (ii) at our sole discretion, to adapt the presentation placement, language and descriptive copy of the Content for its effective display via the Programme or edit or remove all or any part of it (b) the Content will be legal, decent, honest and truthful, will not infringe any third party's rights, will not contain any viruses or other malicious computer programming routines and will not link to any other websites (c) without limiting the above, all Content and information you provide will be accurate and complete and all registration details shall contain your correct name, address and other requested details. 3.6 For the avoidance of doubt we shall be under no obligation to use all or any of the Content you provide to us. 3.7 We reserve the right in our sole discretion and without notice (a) to deny you or any other person access to (i) our site or any part of our site (ii) our Programme or any part of it (b) to decline to promote the Offers of any content provider that is in breach of these Service Terms. 3.8 We are the proprietor of the Only Uncle trade mark. All other trade marks, product names and company names or logos of other content providers are the property of their respective owners. No permission is given by us or any other content provider for you to use of any such brand names, product names or titles or copyrights and such use may constitute an infringement of the holder's rights. 3.9 If you transfer ownership or control of all or part of your business you must ensure that following such a sale, the transferee shall assume all of your obligations in accordance with these Service Terms. 3.10 You acknowledge that failure to honour any Offer or any other breach of these Service Terms may cause us irreparable harm. You therefore agree that we shall have the right to seek injunctive relief, including specific performance of your obligations under these Service Terms, and we shall be entitled to receive reasonable legal fees in the event of your breach. 3.11. You shall indemnify, defend and hold harmless, us, our officers, employees, and agents, from and against any liabilities, claims, losses, damages, costs, or expenses, including reasonable legal fees, resulting from any third party claim to the extent that it is based upon a claim that: (a) the Content infringes or violates any intellectual property rights of such third party or another entity; (b) arises out of your act or omission in connection with the Offer; (c) arises out of or relates to the goods or services offered or sold by you or your Content Provider in connection with the Offer; (d) if true, would constitute a breach of your representations, warranties, agreement, obligations or duties under these Service Terms. 3.12 These Service Terms shall be governed by and construed in accordance with English law. Each of the parties irrevocably submits for all purposes in connection with these Service Terms to the exclusive jurisdiction of the courts of England. 3.13 Subject to clause 3.14 below, we will not be liable to you for losses that result from our failure to comply with these Service Terms including, but not limited to, losses that fall into the following categories: (a) loss of income or revenue; (b) loss of business; (c) loss of profits; (d) loss of anticipated savings; (e) loss of data; (f) waste of management or office time; or (g) indirect or consequential losses of any kind. However, this clause 3.13 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (g) inclusive of this clause 3.13. 3.14 Nothing in these Service Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; (d) defective products under the Consumer Protection Act 1987; or (e) any other matter for which it would not be possible for us to exclude or attempt to exclude our liability under applicable law. 3.15. We warrant that the Services provided by us will (a) conform in all material respects with their description; (b) be carried out with reasonable care and skill; (c) be fit for any purpose we say the Services are fit for, or for any purpose for which you use the Services and about which you have informed us, or we could reasonably expect you to use the Services; (d) be free from material defects in design, material and workmanship; and (e) comply with all applicable statutory and regulatory requirements for supplying the Services in the United Kingdom but we hereby disclaim all other warranties, express or implied, to the extent permitted by law. 3.16 We will not be in breach of our obligations or otherwise liable for any delay in performance if to the extent that any delay or failure is due to the circumstances beyond our reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident. 3.17. These Service Terms represent the entire agreement between the parties in relation to the subject matter, and supersedes any other prior or contemporaneous understanding, oral or written. Modification of the agreement constituted by your acceptance of these terms and conditions may only be made either in accordance with express provisions thereof or in writing signed by both parties. No representations of any kind or nature whatsoever have been made by either party to the other, except those expressly set out in these Service Terms. 3.18. If any provision of these Service Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the other provisions of these Service Terms and the remainder of the affected provision shall continue to be valid.
4. SERVICES 4.1 There are a number of different service options available, namely the Advanced Listing Package, Uncle's Deal of the Day, and the Student Zone. 4.2 Further information on each of these options including the relevant pricing and how to subscribe or purchase one of these services options, is set out on our site. 4.3 Your purchase of a subscription of one of these service options will be subject to these Service Terms. 4.4 Where a subscription for any of our Services is approaching the end of its term, you will receive an email from us 30 days before the end of the term stating that such subscription will be automatically renewed. If you do not wish to renew your subscription you must notify us in writing by email, before the 30 days has lapsed, that you no longer wish to subscribe to the relevant Services. 4.5 KINDLY TAKE NOTICE: Where a purchase of one of the service options relates to a subscription for a period of 12 months, the payment for the 12 month period will be paid in advance and will, if you are contracting as a business, under no circumstances be refundable. 4.6 If you are contracting as a consumer, details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the confirmation sent when you subscribe. These Service Terms do not affect your other legal rights as a consumer. 4.7 If you are contracting as a consumer, you may cancel Services at any time within seven working days, beginning on the day after the day you receive the confirmation of your subscription, provided that we have not yet commenced supply of those Services (in which event you will not longer have a right to cancel). You hereby consent to us beginning performance of the Services before the above cancellation period expires. To cancel Services, you must inform us in writing. If validly cancelled, you will receive a full refund of the price paid for the Services we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. 4.8 You acknowledge and agree that with the purchase of any of our Services, you are strictly only purchasing a subscription to our site to allow you to advertise and promote your business for a period of 12 months. Any advertisements/ promotions placed on our site are done strictly without any guarantee that such advertisements/promotions will result in sales for your business. 4.9 We undertake to you that despite our inability, for whatever reason, to operate our business all reasonable measures will be taken to procure that our site will be available to give effect to the advertisement for the period of your subscription.
5. ADVERTISEMENTS 5.1 As a service through our site we offer registered users the opportunity to advertise on our site. 5.2 All advertisements accepted for publication by us on our site are accepted subject to these Service Terms as supplemented by our terms of use which shall apply to the exclusion of all other terms and conditions (including any which the advertiser (which will be the registered user of our site) purports to apply under any order form, confirmation of order, specification or other document). 5.3 All advertisements are accepted subject to our approval of the advertising insertion (the "Copy") and to the required space being available. We will try to place an advertisement in the product section apparently most relevant to the advertiser but reserves the right to make the final decision as to the position of the advertisement. 5.4 All Copy shall be submitted by the advertiser by the closing copy date, and in the form, both as stipulated to the advertiser by us and otherwise in accordance with our instructions from time to time. 5.5 The particular publication date of an advertisement shall be at our sole discretion of and time shall not be of the essence as regards the publication date. 5.6 We shall have no responsibility if the advertisement is not published on the agreed date as a result of strike, lock-out, fire, storm, flood, riot, explosion, power failure, break-down or failure of systems or machinery or any other event beyond the our reasonable control. 5.7 All reasonable care will be taken to avoid mistakes but we do not accept liability for any errors or omissions due to the acts or defaults of third parties or sub-contractors or due to inaccurate or ambiguous Copy, or Copy instructions, or due to any other acts, circumstances or defaults beyond its reasonable control. We shall not be liable for any errors or omissions in the advertisement unless the proof is returned in reasonable time for corrections to be made before the date on which the relevant publication is finalised (which, for, the avoidance of doubt, shall not be less than seven (7) days prior to such date). 5.8 Complaints regarding the reproduction of advertisements must be received by us in writing within seven (7) days of the date of publication. 5.9 For the avoidance of doubt, the advertiser shall bear all of the costs in respect of producing and delivery of the Copy to us.
6. OFFER REDEMPTION – RESPONSIBILITY 6.1 For the avoidance of doubt, any purchaser of offers for redemption with a merchant will enter into a contract with the merchant for the supply of the relevant products or services to which the offer relates. The total responsibility and liability to the purchaser in relation to the products or services obtained by redeeming an offer will at all times remain that of the merchant and we accept no liability to the purchaser howsoever arising in relation to the products or services. 6.2 Expiry: Offers (including, but not limited to, any discounts provided by the relevant merchant) expire on the date specified on the Site.
7. PAYMENT 7.1 The price of the Services will be as quoted on the Site or Portal from time to time, except in cases of obvious error. 7.2 Quoted prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery or performance of the Services, we will adjust the VAT you pay, unless you have already paid for the Services in full before the change in VAT takes effect. 7.3 Quoted prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an acceptance confirmation unless otherwise agreed. 7.4 It is always possible that, despite our best efforts, some of the prices listed on the Site or Portal may be incorrect. We will normally verify prices as part of our order confirmation procedures so that, where a correct price is less than our stated price, we will charge the lower amount when confirming the order. If a correct price is higher than the price stated on the Site or Portal, we will normally, at our discretion, either contact you for instructions before confirming the order, or reject your order and notify you that we are rejecting it. 7.5 If a pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to fulfil your order at the incorrect (lower) price. 7.6 If you request a change in the scope of Services then we will not be obliged to accept such a change. Any such change, if agreed, may incur additional charges. 7.7 We accept payment via PayPal.
8. WRITTEN COMMUNICATIONS Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
9. TERMINATION 9.1 We may terminate your membership of our site at any time by giving written notice to you immediately if you commit any continuing or material breach of these terms and, if the breach is capable of remedy by you, it is not remedied within ten days of a written notice from us providing you with details of the breach. 9.2 There will be no refund of any annual subscription fee for any service option purchased or prepaid advertisements where termination of your membership of our site is effected under the above clause.
10. NOTICES All notices given by you to us must be given to Customer Services at [email protected]. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such e-mail was sent to the specified e-mail address of the addressee.
11. OUR RIGHT TO VARY THESE SERVICE TERMS 11.1 We have the right to revise and amend these Service Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. 11.2 You will be subject to the policies and Service Terms in force at the time that order Services from us, unless any change to those policies or these Service Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Service Terms with the purchase of Services in which case we have the right to assume that you have accepted the change to the Service Terms, unless you notify us to the contrary within seven working days of receipt of our notice to vary these terms. |
