General Terms and Conditions of Use
todotoday.co.uk is owned by Sandy Gunningham and operated and made available by ToDoToday Limited, Registered in
1. Application of these conditions of use
By accessing or using any part of todotoday.co.uk
you agree to be bound by the following conditions of use. If you do not wish to
be bound by these conditions, you may not access or use todotoday.co.uk.
We may change these conditions at any time
without any notice to you. By your continued access and use of todotoday.co.uk
you agree to be bound by the most current version of the conditions of use.
Please check these conditions periodically for any changes that have been made.
2. Copyright and database right
Except where otherwise noted, Sandy Gunningham
owns legally and beneficially all the intellectual property rights in the
content of all the todotoday.co.uk web pages (including the design, text,
graphics and arrangement thereof) and in the software used therein. Such
intellectual property rights include, without limitation, copyrights and
database rights in the information displayed as todotoday.co.uk search results
which are extracted from a compilation owned by Sandy Gunningham. © 2009-2011 Sandy Gunningham.
todotoday.co.uk contains mapping data provided by third party software, and neither Sandy Gunningham nor ToDoToday Limited make warranty for it’s accuracy or fitness. In addition, the map image may contain Ordnance Survey data and
if so is protected by Crown copyright. Unauthorised reproduction may lead to
prosecution and/or civil proceedings. You are authorised to make one screen
dump of the map image on the page for personal use. You must obtain prior
written permission from Ordnance Survey for all other uses and/or copies made.
3. Trademarks
"todotoday.co.uk," "ToDoToday,"
“ToDo List,” and “ToDo” are
service marks of Sandy Gunningham and ToDoToday Limited. All other service marks, trademarks,
product names and company names or logos cited anywhere on todotoday.co.uk are
the property of their respective owners.
4. Permitted uses
Save as provided below, no materials from todotoday.co.uk
may be copied, downloaded, reproduced, broadcast, shown or played in public,
republished, uploaded, posted, stored, transmitted or distributed in any way or
adapted or changed in any way.
Sandy Gunningham and ToDoToday Limited take active measures to
ensure that no unauthorised use or breach of their intellectual property rights
are committed.
Subject to applicable third party content
providers' licences, you are allowed to access the todotoday.co.uk database, to
make a copy of the results of any searches made in that database, and to use
those results PROVIDED that none of such access, copying and use falls into, is
preparatory to or enables any of the categories of prohibited conduct referred
to below, and provided that none of such access, copying and use is for the
purpose of and in the course of any business. For the avoidance of doubt, and
without prejudice to the below mentioned prohibited conduct, such access,
copying and use is permitted even for a business if such conduct is merely
incidental to the business.
For the avoidance of doubt and without
limitation, you are expressly prohibited from:
modifying the data or other material from todotoday.co.uk
("the Data") or merging the Data with any other data;
selling
or trading in materials copied from the Data;
using
or redistributing the Data for the purposes of compiling databases, lists or
directories, other than as and to the extent necessary to use the Data for a
use not prohibited by this paragraph 4;
providing
commercial information, redistributing or reproduction of the same by the press
or media or through any commercial network, cable or satellite system;
issuing
questionnaires, reply cards or similar for the purpose of data capture or
verification;
permitting or allowing the Data to infringe
or otherwise prejudice our proprietary rights;
using
the Data:
For
any unlawful purpose or purpose that is likely to bring Sandy Gunningham or any part of ToDoToday
Limited into disrepute or to cause Sandy Gunningham or any part of ToDoToday Limited embarrassment;
To
send any message or communication which is offensive, abusive, indecent,
obscene or menacing;
In
any way that would be reasonably expected to cause annoyance, inconvenience or
needless anxiety;
As
source targeting material or contact data for any kind of telemarketing, direct
marketing, viral or other electronic marketing activity on your own behalf or
on behalf or for the benefit of another party.
5. No licence
Except as expressly provided, nothing
contained in these conditions or anywhere on todotoday.co.uk shall be construed
as conferring any licence under any of Sandy Gunningham's or ToDoToday Limited’s or any third
party's intellectual property rights.
6. Disclaimer of representations and
warranties
todotoday.co.uk is provided by ToDoToday Limited on an "as is" and "as and
when available" basis to users. You use todotoday.co.uk at your own risk.
ToDoToday Limited and its associated content
provider organisations make considerable efforts to make information made
available via todotoday.co.uk as accurate as possible but no warranty or
fitness is implied.
Neither ToDoToday Limited nor any of its
officers, directors, shareholders, employees, affiliates, agents, third party
content providers, sponsors, licensers, or the like, makes any representation
or warranty or condition, either express or implied, to you:
that todotoday.co.uk will be uninterrupted or error-free;
that todotoday.co.uk or the computer server from which todotoday.co.uk
is made available, are free of viruses or other harmful components;
to the accuracy, content, timeliness, completeness,
legality, reliability, quality or suitability of any information, advice,
content, service, search results, products or merchandise provided through todotoday.co.uk.
ToDoToday Limited makes and you receive, no representations, warranties or
conditions, express or implied, statutory or otherwise with respect to:
todotoday.co.uk,
its content, merchandise, services, documents, information, items or materials
provided by ToDoToday Limited in connection with the use of todotoday.co.uk;
or
any goods or services or information received through or
advertised on todotoday.co.uk or received through links provided on todotoday.co.uk,
including without limitation no
representations, warranties or conditions of merchantability, suitability,
fitness for a particular purpose, non-infringement of proprietary rights or
otherwise.
No oral advice or written information given
by ToDoToday Limited or its affiliates, or any of its officers, directors,
employees, agents, providers, merchants, sponsors, licensers, or the like, will
create a representation, a warranty or condition nor should you rely on any
such information or advice.
In jurisdictions that do not allow the exclusion
or disclaimer of certain warranties, the above exclusion may not apply to you.
7. Provision of advice
ToDoToday Limited is not an agent for and
does not vouch for those persons, companies and other organisations whose goods
or services may be displayed or referred to in todotoday.co.uk, nor for the
availability, suitability or prices of such goods and services nor for the
legal entitlement, competences, professional qualifications, trade
certifications, or memberships of trade associations of such persons, companies
or other organisations.
ToDoToday Limited advises users to satisfy
themselves as to the exact type and nature of goods or services being offered
or qualifications held by those persons, companies and other organisations
whose goods or services may be displayed or referred to in todotoday.co.uk.
todotoday.co.uk may make available certain information provided by third parties. ToDoToday
Limited recommends that before you use any such information with respect to any
issues or questions that you may have relating to law, accounting or any other
profession you seek advice from a qualified professional.
todotoday.co.uk may make available certain financial information provided by third
parties, including information regarding industries, companies, stocks,
investments and securities. Such investment information is for information
purposes only and you should not construe it as investment advice or use it for
trading or investing purposes. Financial investments bear varying degrees of
risk. ToDoToday Limited strongly discourages you from making any investment
decision based upon information that you cannot confirm and strongly recommends
that you seek advice from a qualified financial advisor before you make any
financial investment.
8. Limitation of liability
Neither ToDoToday Limited nor its associated
content provider organisations seek to limit or exclude liability for death or
personal injury arising from their negligence.
Under no circumstances will ToDoToday
Limited or any of its officers, directors, shareholders, employees, affiliates,
agents, sponsors, licensers, or any other party involved in the creation,
production, maintenance or distribution of todotoday.co.uk be liable for any
direct, indirect, incidental, special or consequential damages (including but
not limited to loss of profits, business, anticipated savings, goodwill, use of
data or other intangible losses) that result from either:
the use and
reliance on todotoday.co.uk; or
the inability to
use todotoday.co.uk; or
mistakes, omissions, interruptions,
suspension, termination, deletion of files or e-mail, errors, defects, viruses,
delays in operation, transmission or service response time, or any failure of
performance with respect to todotoday.co.uk including without limitation those
arising from acts of God, communications failure, theft, destruction or
unauthorised access to ToDoToday Limited's records, programs or services; or
merchandise, products or services received
through or advertised on todotoday.co.uk and merchandise, products or services
received through or advertised on any links provided on todotoday.co.uk; or
information or
advice received through or advertised on todotoday.co.uk and information or
advice received through or advertised on any links provided on todotoday.co.uk;
or
any information, data, text, messages and
other materials that you email, post, upload, reproduce, transmit or is
otherwise distributed using todotoday.co.uk.
ToDoToday Limited is unable to ensure or guarantee the security of any information
transmitted over the Internet. Any information or data which you transmit to or
by using todotoday.co.uk is done at your own risk and ToDoToday Limited shall
not be responsible or liable for any damages or injury that may result from
transmitting such information.
If any jurisdiction does not allow the
exclusion or limitation of liability for consequential or incidental damages,
liability is limited to the fullest extent permitted by law.
9. Miscellaneous
These conditions and any and all documents specifically
referenced herein constitute the entire agreement between you and ToDoToday
Limited with respect to the subject matter hereof. If any provision contained
in these conditions is determined by a court of competent jurisdiction to be
illegal, invalid or otherwise unenforceable, that provision shall be severed
from these conditions and the remaining provisions shall continue in full force
and effect.
10. Jurisdiction and governing law
These conditions shall be governed by and
construed in accordance with the laws of
Additional Terms and Conditions Specific to
Advertisers
11. Terminology
In the following
paragraphs;
“we/us/our” is used to indicate ToDoToday
Limited
“you/your” is used to indicate the
person/group/organisation wishing to place/placing an advertisement
“the site” is used
to indicate www.todotoday.co.uk
“searcher” is used
to indicate any person/group/organisation seeking the
services you may provide
12. Service
We undertake to
provide you space on the site database to create a listing for each
establishment, venue or event you wish to advertise in the form of a boxed
advertisement containing an image, establishment/venue/event details, your contact
details, links to your website address, and map information, in order that any
searcher is able to locate you, according to the details submitted by you and
retained on the site database as applicable to the requests submitted by the
searcher, ie; distance from town/postcode, type of
establishment/venue/event, and/or keyword.
You are able to
create, save and amend your listing(s) at any time by following the links for
new and/or existing advertisers.
We also undertake
to provide assistance with the creation and/or amendment of your listing, but
you are responsible for ensuring all content is accurate and complete.
13. Contract period for listings
Your contract with us begins on the date and at
the time payment for your listing is made, and runs for the period determined
by you according to the schedule of advertising rates in section 14 below.
14. Advertising rates
Listings are charged for on a per period
basis as follows:
1
week £12 plus VAT
2
weeks £18 plus VAT
1
month £30 plus VAT
3
months £65 plus VAT
6
months £100 plus VAT
1
year £150 plus VAT
VAT is charged at the
if the listing is paid for by credit/debit card on todotoday.co.uk, when the
listing is paid for and automatically invoiced by our systems, or,
if the listing is to be paid for by any other means, when
the listing is to be made available to searchers and invoiced manually.
Local authorities, community groups and certain charitable organisations are entitled to listings free of charge. Please contact us for details.
15. Cancellations and refunds
As you are in control of all details in your
listing(s), able to view the form in which it/they will appear to searchers,
and can make amendments when and as you wish, we operate a no cancellation/no
refund policy. Where we are proven to have been negligent or in breach of any
of our obligations under our Terms and Conditions, or in other extreme
circumstances, we will offer compensation by extending the contract period free
of charge.
16. Suspension
We would not wish to, and will always attempt
to contact you before taking any action, but we reserve the right to suspend
indefinitely the display of your advertisement in the following circumstances:
Any
monies you owe us are unpaid after the due date, or any cheque made payable to
us is returned unpaid,
You
misrepresent yourselves to searchers using the site or to us in order to
attempt to gain advantage over other advertisers or lower advertising rates
than you would normally be required to pay, or
You
are found to be in breach of any other of our Terms and Conditions.
In addition, we would charge you for any
administration involved, legal costs incurred, and any interest due on unpaid
sums, in accordance with current relevant legislation.
17. Privacy
The name,
address, telephone number and email address you use to register (and any
subsequent amendment) is used by us only for: corresponding with you regards
your current, outstanding, or potential contract, informing you of any offers
we are making that may be applicable to you, and within our own internal
reporting processes
The password you
use to register and any subsequent amendment you make, whilst shadowed by our systems for automated reminder purposes, is available and known only to you. It should
not be divulged to anyone, including to us or anyone purporting to represent
us.
Credit/Debit
card processing facilities are provided by PayPal (Europe) and we are not party
to any details you enter here
The information
displayed in your listing is, by its nature, open to anyone using the site
18. Complaints
We hope you never have cause to complain,
however should you feel any issue has not been satisfactorily resolved via use
of the “Contact Us” link on the site please contact Sandy Gunningham by telephone on 01293 534460, by fax on 01293 403424, by
email at sg@todotoday.co.uk, or
by post to Mr. S. Gunningham, ToDoToday Limited, 1 Brettingham Close, Crawley, West
Sussex, RH11 8FD.