Classified listing site terms

1.              These terms

1.1            What these terms cover. These are the terms and conditions on which we supply specific services to you, namely classified advertising on our website (Website).

1.2            Why you should read them. Please read these terms carefully before you submit your order to us for classified advertising. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2.              Information about us and how to contact us

2.1            Who we are. We are Livestock Lounge Limited a company registered in Scotland. [Our company registration number is SC570264 and our registered office is at Swordale House, Matheson Road, Bonar Bridge, Scotland, IV24 3AP. In these terms, we are referred to as the Company and any references to we/ us /our refer to the Company also.

2.2            How to contact us. You can contact us by telephoning our customer service team by writing to us at farming@livestocklounge.com.

2.3            How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

3.              Definitions

The following definitions apply in these terms.

3.1            Definitions:

Advertisement: an advertisement placed on the Website.

Advertiser: a person who places an Advertisement or who submits a Draft.

Draft: any material submitted which is intended to be published as an Advertisement.

3.2            A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

3.3            A reference to writing or written includes e-mail but not faxes.

3.4            Any words following the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

4.              Acceptance and Drafts

4.1            The Advertiser shall supply the Company with the Advertiser’s:

(a)         full name

(b)        valid e-mail address

4.2             The Company reserves the right to disclose the details of Advertisers if required by law or any regulatory or government authority or to other third parties where deemed reasonable by the Company in its discretion.

4.3            An Advertiser shall submit a Draft prior to an Advertisement being placed.

4.4            The Company shall be entitled to regard the Draft as being the final version approved by the Advertiser and shall not require to check the Draft for any errors.

4.5            Any Draft shall conform to these terms and and the Company’s publication guidelines as varied from time to time.

4.6            A Draft shall be drafted by the Advertiser by using the facilities provided on the Website. The Advertiser shall be responsible for the content of the Draft and ensuring that the Draft complies with these terms.

4.7            The Company may reject any Draft and decline to convert a Draft into an Advertisement if the Draft breaches these terms.

4.8            In the event that a Draft is rejected for publication as an Advertisement:

(a)         the Advertiser will be notified of this by e-mail; and

(b)        a refund of any payment made by the Advertiser in respect of that Draft will be made in accordance with the guidelines published on the Website from time to time.

4.9            Subject to the receipt of any payment required by the Company for publication of the Advertisement an Advertisement shall be published on the Website in that part of the Website reserved for publication of Advertisements.

4.10         The Company does not guarantee:

(a)         the publication of an Advertisement on or by any specific date; or

(b)        the positioning of an Advertisement, which shall normally be related to the most recent date of publication being listed first.

4.11         The Company shall, at its discretion, decide the classification or grouping for any Advertisement and reserves the right to classify certain types of Advertisements as connected to profit-making or trade ventures and not private advertisements.

4.12         Any Advertisement may be  withdrawn (as the case may be) at the discretion of the Company if found to breach these terms.

4.13         The Company may (as a condition of continued publication) require the Advertiser to amend or modify the Advertisement.

5.              Warranties

5.1            The Advertiser warrants that the Draft and the Advertisement:

(a)         are not:

(i)         defamatory of any person;

(ii)        obscene, offensive, hateful or inflammatory;

(iii)       likely to deceive any person (regardless of whether the Advertisement itself is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect);

(iv)       likely to harass, upset, embarrass, alarm or annoy any other person;

(v)        on the Company’s list of Prohibited Items;

 

(b)        do not:

(i)         promote sexually explicit material;

(ii)        promote violence;

(iii)       promote any illegal activity;

(iv)       promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(v)        infringe any copyright, database right, trade mark or intellectual property rights of any other person;

(vi)       breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

(vii)      impersonate any person or misrepresent the Advertiser’s identity or affiliation with any person;

(viii)    mislead or misrepresent or deliberately omit to state the Advertiser’s affiliation with any person or product which is being advertised, where the Advertiser appears to be independent of such relationship;

(ix)       give the impression that the Advertisement emanates from, is sponsored or otherwise endorsed or recommended by the Company if this is not the case;

(x)         (other than the goods being advertised) contain any advertising or promote any services or web links to other sites;

(xi)       breach the terms and conditions applicable to use of the Website or the acceptable use policy; or

(xii)      breach any applicable law or regulation.

6.              Prohibited Items

6.1            Advertisements for the following items (Prohibited Items) are not allowed to be uploaded to the Website:

(a)         medication or drugs of any kind (under exception of any licensed animal medicines which the Advertiser is legally entitled to supply);

(b)        tobacco, alcohol or alcoholic products;

(c)         mobile phones;

(d)        recruitment advertisements;

(e)         children’s travel systems (including car seats);

(f)         crash helmets or cycle helmets;

(g)        animals (other than livestock for the purpose of the agricultural trade);

(h)        weapons (including antiques or replicas).

7.              Intellectual Property Rights

7.1            In respect of all material created or contributed to by the Company, copyright shall vest in the Company.

7.2            The Advertiser irrevocably grants the Company a royalty-free, worldwide, non-exclusive licence to use all intellectual property rights in materials supplied by the Advertiser to the Company for the purposes of reproducing these, making them available on the Website and maintaining a cache for audit purposes.

7.3            All materials delivered by the Advertiser to the Company is held at the Advertisers risk.

7.4            The Company reserves the right to destroy or delete without notice all material held by the Company on behalf of the Advertiser after the date of its last use in connection with the publication of an Advertisement.

8.              Payment

8.1            The Company’s current rates for the publication of Advertising can be accessed. Such rates may be amended from time to time.

8.2            Payment is required to be made at the point at which the Draft is submitted for publication to the Website.

8.3            Any Draft will be charged at the rates prevailing at the time of being uploaded.

8.4            All rates are exclusive of VAT.

8.5            The Consumer Contract Regulations 2013 give certain rights to consumers. In some circumstances, this includes a right to cancel the services. The services offered relating to Advertisements are not covered by these regulations (in relation to cancellation) as the services relate to an off-premises contract under which the payment to be made is less than £42.

9.              Liability

9.1            Our liability for losses caused are governed by our Website terms under the heading “Our responsibility for loss or damage suffered by you” but the Company’s total liability in contract or delict (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of these terms shall be limited to the price paid for the Advertisement.

10.            Indemnity

10.1         The Advertiser shall indemnify the Company against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the Company arising out of or in connection with the Advertiser’s breach of these terms (including any claim made against the Company for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with the Advertisement or its publication).

11.            Duration, Removal and Cancellation

11.1         An Advertisement shall be live on the Website for a period of 30 days after uploading after which it shall be deleted.

11.2         The Company may withdraw the Advertisement from the Website at any time in the event of a breach of these terms.

11.3         In the event that the Advertisement is requested to be cancelled by the Advertiser, the Company will use reasonable endeavours to remove the Advertisement from the Website within a reasonable period.

11.4         In the event that an Advertisement is paid for and is published in the form submitted as a Draft, there will be no refund.

12.            General terms

12.1         No failure or delay by a party to exercise any right or remedy provided under these terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

12.2         The rights and remedies provided under these terms are in addition to, and not exclusive of, any rights or remedies provided by law.

12.3         The Company shall not be in breach of these terms nor liable for delay in performing, or failure to perform, any of its obligations under these terms if such delay or failure results from events, circumstances or causes beyond its reasonable control. In such circumstances the affected Company shall be entitled to a reasonable extension of the time for performing such obligations, provided that if the period of delay or non-performance continues for 14 days or more the Advertiser may withdraw the Advertisement without charge.

12.4         In the event that the Advertiser has a complaint, it should be raised in writing with the Company as soon as practicable and certainly writing 14 days of the event complained of. If the complaint cannot be settled to the Advertiser’s satisfaction, Advertisers should note that they may use the European Commission's Online Dispute Resolution platform (http://ec.europa.eu/consumers/odr/ ) in connection with resolving disputes.

12.5         Nothing in these terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.

12.6         Each party confirms it is acting on its own behalf and not for the benefit of any other person.

12.7         These terms [Along with the Website Terms, AUP, Privacy Policy – ADD LINKS] constitute the entire agreement between the parties and supersede and extinguish all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to their subject matter.

12.8         Each party agrees that it shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these terms. No party shall have any claim for innocent or negligent misrepresentation based upon any statement in these terms.

12.9         No person other than a party to these terms shall have any rights to enforce any term of these terms.

12.10       The following applies to any notice required to be given to a party under or in connection with these terms (other than notices in connection with the service of any proceedings or other documents in any legal action):

(a)         any notice shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or other next working day delivery service or sent by e-mail to that party’s email address.

(b)        the addresses for hand delivery or postal service on a legal entity is at its registered office (if a company) or (in any other case) its principal place of business and in any other case, that person’s residential address.

(c)         any notice shall be deemed to have been received if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address, or if sent by e-mail at the time of transmission, or otherwise at 9.00 am on the second working day after posting or at the time recorded by the delivery service.

13.             Governing law and jurisdiction

13.1         If the Advertiser is a consumer, please note that these terms, their subject matter and their formation, are governed by the law of Scotland. The Advertiser and the Company both agree that the Scottish courts will have exclusive jurisdiction except that if the Advertiser is a resident of Northern Ireland the Advertiser may also bring proceedings in Northern Ireland, and if the Advertiser is a resident of England or Wales, the Advertiser may also bring proceedings in England.

13.2         If the Advertiser is a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the law of Scotland. The Advertiser and the Company both agree to the exclusive jurisdiction of the Scottish courts.