Terms & Conditions
These Terms and Conditions apply as between Jellynet Ltd ("the company") and those who use the company's services. These Terms and Conditions apply to the website entitled www.jellynet.biz ("the site") owned and operated by the company. If you do not wish to be bound by these Terms and Conditions then you must not avail yourself of the company's services.
Users
- The company's services are available only to those who can form legally binding contracts under English law.
- No account and user identification may be transferred or sold to another party without the company's prior written consent.
- Those registering to use the company's services represent that they have the authority to bind the user entity to these Terms and Conditions.
- The company's fees are as listed on its website from time to time. The company may change its fees and credit policy from time to time. Changes to fees and credit policy are effective immediately upon posting on the company's website. The company shall not process any payment due from any supplier until such time as the supplier places an advertisement on the company's website.
- The company may in its sole discretion change some or all of its services at any time and the fees associated with them. In the event that a new service is introduced the fees for that service will be effective at the launch of the service. All fees are quoted in pounds sterling. Users of the company's services are responsible for paying all fees associated with using the company's services and website and all applicable taxes, such as VAT, if any.
- The company's website acts as a venue to allow suppliers of services and products ("suppliers") and the customers for such services ("customers") to offer, sell, and buy services at any time ("orders"). An order is a binding contract for services between the supplier and the customer. The company is neither involved with nor a party to any transaction between suppliers and customers. The company maintains no control over and hence makes no representation or warranty concerning the quality, safety or legality of any of the services offered or advertised, the truth or accuracy of the services or the ability of suppliers to provide services. The company cannot ensure and hence makes no representation or warranty that a customer has the means to pay for any service which is the subject of any order. The company cannot ensure and hence makes no representation or warranty that a supplier or customer will complete an order.
- Although the company takes steps to identify and verify the authenticity and bona fides of both suppliers and potential customer it makes no representation or warranty as to either.
- In the event that suppliers and customers have a dispute, claim or action with one or more users, you agree that the dispute is between you and the other user(s) and you agree to release the company, and its officers, members, agents, subsidiaries, joint ventures and employees from all claims, demands, legal costs and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute, claim or action.
- In the event that any user becomes aware of any issue which may result in a claim against the company arising solely from the provision of its services the user must raise such issue in writing with the company within thirty days of the occurrence. In default the company shall be deemed released from any obligations it might have.
- The company does not control or make any representation or warranty concerning the information provided by or about any user that is made available. Further, the company does not control or make any representation or warranty concerning any linked websites. The company provides these links only as a convenience and the inclusion of any link does not imply any endorsement of such a website or any of its contents. All use of materials and information in third-party websites is at your own risk.
- The company acts as a passive conduit for the online distribution and publication of any information provided to it or made available to users of the company's services by you and for which you are wholly responsible (" the information"). The information and any activities on site must not be false, inaccurate or misleading; be fraudulent or relate to the provision of services for which you are not qualified; infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; be in breach of English law or any other applicable law or regulation (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination or false advertising); defamatory, libelous, unlawfully threatening or unlawfully harassing; contain any viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or exprapriate any system, data or personal information; link directly or indirectly to or include descriptions of goods or services that are prohibited under these Terms and Conditions; or consummate any transaction that was initiated using the company's website that by paying to the company any fees could cause the company to break any applicable law or regulation.
- You grant to the company a non-exclusive, world-wide, perpetual, irrevocable, fully paid-up, sub-licensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in the information in any media now known or not currently known. You also waive all moral rights you have in the information to the fullest extent permitted by law.
- All data derived or collected by the company from its site, including but not limited to statistical information, IP addresses, or other relevant data shall belong to the company and you agree that the company shall have the right to use such data as it determines in its sole discretion. This includes the right to display industry affiliations, certifications and/or preferred provider network logos, where appropriate on the site or in user profiles.
- The site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy any pages or content contained herein without the company's prior written consent. You also agree that you will not use any device, software or routine to bypass the company's robot exclusion headers, or to interfere or attempt to interfere with the proper working of the site or any activities conducted on the site. Further, you will not take any action which might infringe any intellectual property rights.
- You agree to receive all email/electronic transmissions sent by the company in connection with or relating to the site or the company's services. You also agree that the company may notify you of available orders or order updates by telephone, including automated message(s), using the telephone number(s) provided by you in your registration details.
- Much of the information on the site is updated on a real-time basis and is proprietary or is licensed to the company by its users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for the information) from the site without the prior written consent of the company or the appropriate third party.
- Without limiting other remedies the company may limit your activity on the site, immediately, remove you from the site, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide the company's services to you if you breach these Terms and Conditions; the company is unable to verify or authenticate any information you provide; or the company believes that your actions may cause any loss or liability for you, users or the company.
- The company and its subsidiaries, affiliates, officers, directors, agents and employees do not guarantee continuous, uninterrupted or secure access to the company's services, and operation of the site may be interfered with by numerous factors outside of the company's control. The site and the company's services are provided "as is" and as and when available and to the extent permissible by law the company excludes all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.
- If the delivery of the company's services is delayed, prevented or otherwise made impracticable by reason of any acts of God, floods, earthquakes, or other natural catastrophes, national emergencies, strikes, lockouts or other labour difficulties, computer "hacking" attack or computer virus, any law, order, regulation or other action of any governing authority, or any other cause beyond the company's reasonable control, the company shall be excused from such delivery to the extent that its delay is prevented by such cause.
- Nothing in these Terms and Conditions shall limit or exclude the company's liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of the company's agents or employees. Subject to the foregoing, the company including its affiliates, officers, directors, agents and employees will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages arising out of or in connection with these Terms and Conditions. The company including its affiliates, officers, directors, agents and employees also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment. The company's liability to you or any third party, and the liability of the company'saffiliates, officers, directors, agents and employees, in any circumstance is limited to the greater of (a) the total fees you have paid to the company in the one month period prior to the action giving rise to the liability, and (b) £100.
- The supplier's liability to the customer for death or injury resulting from his own negligence or that of his employees, agents or sub-contractors shall not be limited. The supplier's liability to the customer in respect of any breach of his contractual obligations, any breach of warranty, any representation, statement or tortious act or omission including negligence arising under or in connection with these Terms and Conditions shall be limited to the value of the order, unless otherwise specified in the particular order that has been accepted by the supplier. The supplier shall not be liable to the customer for any indirect or consequential loss the customer may suffer, even if the loss is reasonably foreseeable or the supplier has been advised of the possibility of the customer incurring it.
- You agree to indemnify and hold the company and (as applicable) its affiliates, officers, directors, agents, and employees, harmless from any claim, demand or loss, including reasonable legal fees, made by any third party arising out of your breach of these Terms and Conditions or use of the site or the company's services. This indemnity shall not apply where such claim, demand or loss arises solely due to the company's negligence or the company's breach of these Terms and Conditions.
- You and the company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions.
- Unless otherwise explicitly stated, notices to the company must be sent by registered mail to 28 Church Street, Stanmore, Middx, HA7 4XR and notices to you will be sent to the email address that you provide to the company during the registration process (receipt is deemed 24 hours after an email is sent, unless the company receives notice that the e-mail address is invalid), or by registered mail.
- Any dispute arising out of or relating to these Terms and Conditions or the company's services, excluding legal action taken by the company to collect fees and/or recover damages for, or obtain an injunction relating to, the site, intellectual property, and the company's services, shall be settled by binding arbitration. In default of agreement between the parties as to the appointment of an arbitrator, the arbitrator shall be appointed by the Chartered Institute of Arbitrators.
- These Terms and Conditions may be automatically assigned by the company, in its sole discretion, to a third party in the event of a merger or acquisition or similar corporate transaction. You may not assign, license or sub-contract any of your rights or obligations under these Terms and Conditions.
- A person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this does not affect any right or remedy of a third party specified in these Terms and Conditions or which exists or is available apart from that Act.
- The customer grants to the supplier a royalty-free, world-wide, non-exclusive licence to use their content and other intellectual property solely for the purposes of completing the order. The supplier assigns all right, title and interest to any intellectual property created during the completion of an order to the customer with full title guarantee. The Supplier shall at the request of the customer from time to time do all things and execute all documents the customer may reasonably require to give effect to the said assignments. Except as expressly set out above these Terms and Conditions do not transfer or grant to the supplier any right, title or interest in any intellectual property rights in or to the customer's content.
- A user, whether acting as a customer or a supplier, shall not directly or indirectly canvas with a view to offering or providing employment to, offer to contract with or entice to leave any employee of, or contractor to, another user who has been involved in the provision of services to that customer or supplier as the case may be through the company within the last six months, without the prior written consent of the company and that customer or supplier.
- These Terms and Conditions shall be governed by English law. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be deemed deleted and the remaining provisions shall be enforced. The company's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as otherwise indicated, all provisions of these Terms and Conditions shall survive any termination or expiration thereof.
Data Protection Act 1998
The company will treat all personal information as private and confidential, except where disclosure is made by request or with consent or where it is required by law to disclose. The company will use all such information for the purposes of administration and general statistical and management information and to identify suppliers that might meet the needs of users or customers and orders that might fit the skills and abilities of suppliers. Except where the company is required to disclose by law it will treat all information as confidential and will not disclose any such information except where a disclosure is made by request or with consent.
Where necessary for the above purposes users, suppliers and customers consent to the company processing data that is defined as sensitive by the Data Protection Act 1998. The company, its agents and sub-contractors will apply appropriate technical and organisational measures against the unauthorised processing of personal data and against accidental loss of, or damage to personal data. By providing your data you agree to your data being used and transferred as stated above. The company may wish to contact you by mail, telephone, email or fax about forthcoming events or site enhancements which may interest you. If you do not wish to receive such information, please email to info@jellynet.biz. Any individual has the right to ask for a copy of their information (subject to a £10 fee). Please write to: The Data Protection Officer, Queens Wharf, Queen Caroline Street, London W6 9RJ. The company may also obtain data and information by using cookies. A cookie is a piece of software that is placed on your computer's hard drive.
A cookie helps analyse web traffic or lets us know when users visit a particular web page. Cookies allow web applications to respond to you as an individual user. The web application can tailor its operations to your needs by gathering and remembering information about your preferences. We only use this information for statistical analysis purposes and then the data is removed from the system. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You may disable the cookie function on your browser should you choose to do so.
The Company's Services
The services available at www.jellynet.biz are provided by Jellynet Ltd (Registered No: 6321610), of 28 Church Road, Stanmore, Middx, HA7 4XR ("the company"). The Terms and Conditions describe the terms and conditions applicable to your use of our services ("the company's services") available under the domain and sub-domains at http://www.jellynet.biz. If you do not agree to be bound by these Terms and Conditions you may not use or access our services. The acceptance of these Terms and Conditions by ticking the box means that you agree to be legally bound by all of the terms and conditions herein as related to users, customers or suppliers, as the case may be. You must read, agree with and accept all of the Terms and Conditions before you may become a user, customer or supplier of the site. The company may amend these Terms and Conditions at any time by giving notice by either email or by posting the amended Terms and Conditions on the site. Any amended Terms and Conditions will govern new user registrations from the date that it is posted on the site.
Existing users, customers and suppliers will be bound by the amended Terms and Conditions after the expiry of 14 days following the date of such notice. No other amendment to these Terms and Conditions will be effective. Please note that different notice provisions apply to the company's fees and credit policy. The site is designed to be used within the United Kingdom only. Use of the site for any activity outside of the United Kingdom is prohibited. Information on the site is restricted for the sole purpose of obtaining the company's services. Any other use, commercial or personal, is prohibited.
How to cancel an advert
A full refund can only be obtained if the advert has not gone live on the jellynet website. Adverts are processed 7 days a week within a maximum of 24 hours including weekends and bank holidays. However, the publication of an advert can be cancelled to avoid unwanted response (subject to publication deadline).
Advertisements can be cancelled by sending an e-mail to info@jellynet.biz or by contacting customer services on 0845 456 2338. |