Website Terms of Use

The Independent business finder website (http://directory.independent.co.uk) is managed and owned by Touch Local Ltd ("Touch").

Registered Office Address
9th Floor,
89 Albert Embankment,
London
SE1 7TP

Registered in England and Wales. Registration Number: 2885607 VAT Number: GB896112114

Phone: 020 7840 4300
Fax: 020 7840 4301
Email: info@touchlocal.com

Thank you for using this website (the "Website"). This page states the terms (these or the "Terms", or the "Agreement") under which you may use the Website. Please read this page carefully. By accessing the Website you accept and agree to be bound by these Terms. If you do not accept any of the Terms stated here, you may not use the Website. Touch may, in its sole discretion, modify or revise these Terms at any time by updating this page. It is your responsibility to check the Terms periodically and to review any changes. By continuing to use the Website, you are deemed to have agreed to and are bound by any such modifications.

A: Website Materials

The contents of this Website, including but not limited to text, graphics, illustrations, logos, software, trademarks, service marks and other material (the "Materials") are protected by copyright and other laws.

Touch authorises you to view the Materials on the Website solely for your personal, non-commercial use. You may not sell or modify the Materials or reproduce, display, distribute, or otherwise use the Materials in any way for any public or commercial purpose without the written permission of Touch.

You may not hack into or tamper with any part of the Website. Nor may you cause any virus, corrupted file or other similar software or program to damage or impair the Website or the operation of another's computer. You may not use any automated means (whether electronic or not, including by way of example only, robots, spiders and other data mining, data gathering or extraction methods) to copy, crawl or monitor the Website or the Materials. Nor may you use the Website to create, amend, update or verify any databases, directories, customer lists, mailing lists or other records. This prohibition includes, without limitation, "harvesting" email addresses, passwords and other contact information.

If you violate any of these Terms, your permission to use the Materials automatically terminates and you must immediately destroy any copies of the Materials you have made.

B: Website Warranties

The Website and materials contained therein are provided on an "AS IS" basis without any warranties of any kind, either express or implied. Touch disclaims all warranties, including but not limited to warranties of title, quality, accuracy, suitability, completeness, fitness for a particular purpose, freedom from viruses and non-infringement of third party rights. Touch makes no warranties about the accuracy, completeness, reliability or timeliness of the materials and links presented on the Website.

Touch does not warrant that the Website will operate without error or that the Website and its server are free of computer viruses or other harmful code. Touch is not responsible for any costs associated with servicing or replacing your equipment or data due to your use of this Website. The Website contains materials provided by third parties, and likewise Touch will not be held responsible for any such third party materials.

C: Disclaimer of Damages & Limitation of Liability

Your use of the Website is at your own risk. If you are dissatisfied with any of the Materials or other contents of the Website or with these Terms, our Privacy Policy or any other policies of ours, your sole remedy is to discontinue use of the Website.

Other than personal injury or death caused by Touch's negligence, in no event shall Touch be liable to any user or other third party for any damages resulting from the use or inability to use the Website, the materials contained therein or any link to another website. This disclaimer and limitation includes direct, indirect, incidental, special, consequential (including loss of data, business, profit or goodwill), or exemplary damages and applies whether based on warranty, contract, tort (including negligence), common law or statute, regardless of whether Touch is advised of the possibility of such damages.

D: Public & User Submissions - General

The Website includes postings, listings, stories, and articles from third parties. Such content is the responsibility of the third party creator of the content. Touch has no responsibility for such content and is merely providing access to such content as a service to you. Touch does not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any information or opinions posted by third parties. While Touch will endeavour to remove any offensive or harmful content from the Website as soon as it comes to its attention, third party materials may include offensive, inappropriate, harmful, or deceptive information. HOWEVER, WE EXPECT YOU TO USE CAUTION AND COMMON SENSE AND EXERCISE GOOD JUDGEMENT WHEN USING THIRD PARTY INFORMATION. You acknowledge that any reliance on such third party materials will be at your own risk.

E: Links to Other Websites

The Website contains links to third party websites that are maintained by others. These links are provided solely as a convenience to users, and are not an endorsement by Touch of the contents of such third-party websites. Touch is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party websites, you do so at your own risk.

F: User Responsibilities

If submitting reviews or making use of the privileges of Touch Local Membership, you agree that you will abide by the Touch Local Terms and Conditions for Membership.

You further agree, in connection with the Website, that you will not:

G: Our Obligation to Monitor Content

Touch does not control or endorse and is not responsible for the information posted by Registered Members, and has no obligation to monitor postings. However, Touch reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, for any reason whatsoever, in Touch's sole discretion.

If Touch is notified by a user of content which allegedly does not conform to any relevant term of use, we may investigate the allegation and determine in good faith and in our sole discretion whether to remove or request the removal of the content. Touch will have no liability or responsibility for performance or non-performance of such investigation.

H: Copyright Infringement

Touch may, in appropriate circumstances and at its sole discretion, remove or disable access to material on the Website that infringes the rights of others. If you believe that your work has been used on the Website in a manner that constitutes copyright infringement, please provide Touch with a written notice.

I: Indemnity

You agree to defend, indemnify and hold harmless the Website, Touch, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, resulting from your use of the Material or your alleged breach of the terms of this Agreement. Touch will provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending any such claim, suit or proceeding. This indemnity shall survive termination of the Agreement.

J: General Disclaimer

Touch makes no claims that the materials presented are appropriate for any particular purpose or audience. Access to the Materials by certain persons may not be legal. If you access the Website from outside the United Kingdom, you are responsible for compliance with the laws of your jurisdiction.

K: Termination

  1. be without prejudice to any other rights or remedies which Touch may be entitled to under this Agreement or at law;
  2. not affect any accrued rights or liabilities which Touch may then have; and
  3. not affect the coming into or continuance in force of any provision of this Agreement which is expressly or by implication intended to come into or continue in force after such termination.

L: General

From time to time, Touch may change, alter or modify these Terms. Any changes to these Terms will be posted on the Website and any use by you of the Website after any such changes have been posted shall be deemed to indicate your agreement to the modified Conditions. If you do not agree to the modified Terms, you should cease use of the Website.

Touch may freely assign this Agreement. It may not be assigned by you.

Touch is based in London, England. All legal issues arising from or related to the use of the Website shall be construed in accordance with and determined by English Law. You hereby accept and irrevocably submit to the non-exclusive jurisdiction of the English courts for such issues.

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