Terms & Conditions for using lewesonline.com
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Updated Wednesday 7th November 2008 at 4.23pm
1 Services The Company agrees (subject to clause 2 below)
to provide to the Customer the Services more particularly described in Appendix
A (‘ the Services’). The Company agrees to place the ‘Home
Page’ created by the Company for the Customer in accordance with this
Agreement on the computer server owned or operated by the Company and allow
storage of information received from the Customer or from the general public
on such server subject to the limits as more particularly described in Appendix
A and further agrees to provide those maintenance services described in Appendix
A. All Services under this Agreement shall be performed in accordance with the
Company’s standard procedures so long as such procedures do not conflict
with the express terms of this Agreement. Nothing under this Agreement shall
affect your statutory rights and in particular under the Consumer Credit Act
1974 or the Data Protection Act 1998. In this Agreement references to the ‘web
site’ or ‘lewesonline’ shall mean all sites at Lewesonline.com
2 Fees The Customer agrees to pay to the Company the fees
specified in Exhibit A for the Services (‘the Fees’). The Fees are
due upon execution of this Agreement unless otherwise provided in Appendix A.
Any additional fees shall be invoiced on a monthly basis and shall be paid within
30 days after the date of the invoice.
3 Taxes All payments due hereunder include Value Added Tax.
4 Term This Agreement shall be effective commencing on the
date payment of the Fees is received. Either party may terminate this Agreement
without notice upon the other party’s breach of any term, condition or
obligation hereunder if such breach is not remedied (if remediable) (i) within
10 days from the date of written notice with respect of any monetary obligation
and (ii) within 30 days from the date of written notice with regard to any other
5 Customer Responsibilities In addition to the obligations
of the customer as otherwise specified in this Agreement, the Customer shall
be solely responsible for the following:
(a) the accuracy and content of any information provided by the Customer to
(b) any information, programs and other information that the Customer receives
as a result of the use of the Services, including without limitation, the entire
responsibility of any losses of data, programs, breaches of security, viruses
and disabling or harmful devices that the Customer may download or otherwise
experience as a result of the Customer’s use of the Services; and
(c) the Customer agrees to use the Services in a manner consistent with any
and all applicable laws and regulations.
(d) notifying us at least seven days in advance if you intend to change your
business details or stop providing any of the goods or services you are offering
through the Services.
(e) not to use the Services or the web-site for any fraudulent, immoral or illegal
(f) not to cause any damage or disruption to use the Services or the web-site,
nor to alter, process, delete or damage any data or programme thereon without
the Company’s prior written permission
(g) not to use the use the Services (including e-cards) the web-site for the
distribution of mail to third parties
(h) not cause harm to the reputation of use the Services or the web-site
(i) not to assist or incite anyone to do anything in breach of these terms and
(k) follow the procedures set out in Appendix B
(l) not harm in any way the Google AdSense account with lewesonline.com
6 Ownership All materials, documentation, computer programs,
inventions (whether or not patentable), pictures, audio, video artistic works
and all works of authorship, including all worldwide rights therein under patent,
copyright, trade secret or other property right, created or developed by the
Company while providing the Services (collectively, ‘Work Product’)
are owned by the Company. The Company shall not be liable to return any artwork
or other material supplied by the Customer for the purposes of the Services.
The Work Product shall not include the Confidential Information (defined below)
of the Customer. If ownership of all right, title and interest of the intellectual
property rights in the Work Product shall not otherwise vest exclusively in
the Company, the Customer hereby assigns to the Company and upon the future
creation thereof automatically assigns to the Company without further consideration,
the ownership of the Work Product.
7 Limited Warranty The Company warrants that the coding at
Lewesonline.com shall be reasonably HTML-COMPLIANT. Notwithstanding the foregoing
the sole and exclusive remedy for a breach of the warranties contained in this
section shall be that the Company shall replace the nonconforming coding to
make the Site reasonably HTML-compliant. The Customer acknowledges that HTML
is an industry standard that contains some ambiguous provisions and that does
not completely address all issues associated with the coding of the Site accessible
via the World Wide Web. The Customer also acknowledges that HTML is a standard
that will be amended from time to time and that not all ‘browsers’
used by third parties to access the World Wide Web implement HTML in the same
way. Variations in HTML coding associated with ambiguities or revisions to the
HTML standard or variations among World Wide Web browsers shall not be the basis
for a claim of breach of the Company’s warranties under this Agreement.
The warranties described in this Clause 7 are subject to the limitations of
liability described in Clause 8. Except as provided in this section, the Company
does not make any express or implied warranties with respect to the services
or any products provided under this Agreement including, but not restricted
to, the implied warranties of merchantability and fitness for a particular purpose.
Some jurisdictions do not allow the exclusion of implied warranties, so the
above exclusion may not apply to the Customer.
8 Limitation of Liability In no event (death or personal injury
excepted) will the Company be liable to the Customer for any indirect, incidental
or consequential damages arising out of the Services or any products provided
under this Agreement, even if the Company has been advised of the possibility
of such damages. Some jurisdictions do not allow the limitation or exclusion
of liability for incidental or consequential damages, so the above limitation
or exclusion may not apply to the Customer. The Company’s liability to
the Customer for actual damages for any cause whatsoever, regardless of the
form of the action, will be strictly limited to the Fees paid for the relevant
9 Limitations of Service Unfortunately computers need routine
maintenance and sometimes breakdown; also, the Company cannot control the timing
or volume of attempts to access the Company’s server. As a result, the
Company does not guarantee that the Customer or any third parties will be able
to access the Home Page created by the Company at any particular time. Company
access services are provided on an ‘as-is, as-available’ basis.
10 Confidential Information
(a) Each party hereto (i) shall use the same care and discretion, but in no
event less than reasonable care and discretion, to prevent disclosure, publication
or dissemination of the other party’s Confidential Information (defined
below) as it employs with similar information of its own and (ii) shall not
use, reproduce, distribute, disclose or otherwise disseminate the Confidential
Information except in connection with the performance of its obligations under
(b) As used herein the term ‘Confidential Information’ means any
and all data and information relating to the business of the disclosing party
(i) of which the receiving party becomes aware as a consequence of or through
this Agreement; (ii) which has value to the disclosing party and is not generally
known by its competitors; (iii) which is treated by the disclosing party as
confidential and (iv) which has been reduced to tangible form and marked clearly
and conspicuously with a legend identifying its confidential or proprietary
nature, provided, however, that Confidential Information does not include any
data or information which is already known to the receiving party, or which
(1) has become generally known to the public through no wrongful act of the
receiving party; (2) has been rightfully received by the receiving party from
a third party without restriction on disclosure and without, to the knowledge
of the receiving party, a breach of an obligation of confidentiality running
directly or indirectly to the other party hereto; (3) has been disclosed pursuant
to a requirement of a governmental agency or of law without similar restrictions
or other protection against public disclosure, or is required to be disclosed
by operation of law; (4) is independently developed by the receiving party without
use, directly or indirectly, of the Confidential Information received from the
other party hereto; or (5) is furnished to a third party by the disclosing party
hereunder without restrictions on the third party’s right to disclose
the information. Confidential Information may include, but is not limited to,
information relating to the products, processes or financial affairs of the
(c) The Company gives no warranty as to the accuracy of the information available
on or via lewesonline
(d) The Company will endeavour to reproduce images for paid lewesonline Services
only on lewesonline but gives no warranty as to their quality or that they will
be reproduced in any particular format or density and the Customer accepts that
such images are reproduced entirely at its own risk
(e) The Customer warranties that all material it submits to the Company for
publication on lewesonline is produced with the valid permission of the owner
or licensee and the Customer indemnifies the Company for all liability and loss
in respect thereof
11 Data Transmission The Company may collect, hold, control,
use and transmit data obtained from and about you in the course of your using
the Services and the lewesonline web site. By signing the Services Agreement
you agree to such data being so used and further agree that it may be transmitted
to others in accordance with our registration under the Data Protection Act
1998. Should you wish to access personal data relating to you this can be made
available on giving us a written request and paying a fee of £50 There
are also facilities to enable you to update or change your personal data on
12 General Disclaimer
(a) The Company is providing this site on an ‘as is’ basis and makes
no representations or warranties of any kind with respect to this site or its
contents and disclaims all such representations and warranties. In addition,
the Company makes no representations or warranties about the accuracy, completeness,
or suitability for any purpose of the information and related graphics published
in this site. The information contained in this site may contain technical inaccuracies
or typographical errors. All liability of the Company howsoever arising for
any such inaccuracies or errors is expressly excluded to the fullest extent
permitted by law.
(b) Neither the Company nor any of its directors, employees or other representatives
will be liable for loss or damage arising out of or in connection with the use
of this site. This is a comprehensive limitation of liability that applies to
all damages of any kind, including (without limitation) compensatory, direct,
indirect or consequential damages, loss of data, income or profit, loss of or
damage to property and claims of third parties.
(c) Notwithstanding the foregoing, none of the exclusions and limitations in
the clause are intended to limit any rights the Customer may have as a consumer
under local law or other statutory rights which may not be excluded nor in any
way to exclude or limit the Company liability to the Customer for death or personal
injury resulting from our negligence or that of our employees or agents
(d) Any land or interest in real property, whether freehold, leasehold or otherwise
whatsoever, is sold by the persons advertising it for sale on lewesonline and
the Company makes no representation warranty or guarantee as to the accuracy
of the information advertised or the state and condition of the property or
the validity of the title to such property. Any buyer purchases such property
entirely at the buyer’s own risk and must rely on the buyer’s own
survey, inspection, enquiries, searches and legal advice as to the efficacy
of the purchase.
(e) Any vehicle or other item of whatsoever nature or interest therein is sold
by the persons advertising it for sale on lewesonline and the Company makes
no representation warranty or guarantee as to the accuracy of the information
advertised or the state and condition of the vehicle of other item or the validity
of the title thereto. Any buyer purchases such vehicle or other item entirely
at the buyer’s own risk and must rely on the buyer’s own survey,
inspection, enquiries, searches and legal advice as to the efficacy of the purchase.
13 Material Submitted or Contained on lewesonline
(a) The Company reserves the right in its absolute discretion to refuse to accept
any order or material for publication whatsoever on lewesonline and in particular
(but not only) may refuse to publish pornographic material, material likely
to incite racial or religious hatred or any other material which the Company
may find offensive
(b) The Company does not guarantee or make any warranty whatsoever that the
material published on lewesonline or any site to which lewesonline is linked
or connected is accurate, truthful or complete and the Customer of such material
views and uses such material entirely at the Customer’s own risk
version of which is annexed at Appendix B hereto. The Company reserves the right
(a) The Company does not guarantee that the Customer or any viewer will be able
to access any other site by virtue of any hyperlink contained in lewesonline
or that if such access resulted in a connection that the Customer or viewer
will be able to view such site
(b) The Company accepts no liability of any kind in respect of any material
found as the result of using any links and the Customer indemnifies the Company
for all liability and loss in respect thereof where the Customer has requested
such links to be inserted
15 Suspension of Service The Company reserves the right to
suspend the Services and/or lewesonline or any part of them at any time and
for any reason
16 Entire Agreement This agreement contains the entire understanding
between the parties with respect to the products and services to be provided
by the Company and no representations, statements or inducements, oral or written,
not contained herein shall bind either party.
17 Non-disclosure of Terms Except pursuant to court order
or as otherwise required under judicial or regulatory proceedings, neither party
shall disclose the existence or the terms and conditions of this Agreement without
prior written consent to the other party.
18 Force Majeure Neither party shall be liable to the other
if its performance of its obligations under this Agreement (other than an obligation
to pay money) is prevented or hindered due to any circumstances outside its
19 Miscellaneous Should any part of this Agreement, for any
reason, be declared invalid by a court of competent jurisdiction, such determination
shall not affect the validity of any remaining portion and such remaining portion
shall remain in full force and effect. This Agreement is governed by and construed
in accordance with the laws of England and Wales and the parties submit to the
exclusive jurisdictions of the courts of England and Wales. This Agreement shall
be binding upon and inure to the benefit of each party and their respective
heirs, successors and assigns.
Lewesonline.com is a community website for residents, businesses, services and
organisations in and around Lewes in East Sussex in the United Kingdom.Listing, Webpages accounts and Freepages accounts are only available to members of lewesonline.com.
• Lewesonline.com enables the above (for an annual fee) to be online (i.e.
part of Lewesonline.com) via lewesonline Webpages accounts.
• Lewesonline.com enables businesses, services, clubs, societies and
organisations to be online (i.e.
part of Lewesonline.com) via lewesonline Freepages accounts which contain lewesonline and Google AdSense advertising. There are no charges for Freepages accounts, i.e they are free.
• Lewesonline.com offers a free listing in one of the online directories
for businesses, services and organisations in the town of Lewes in East Sussex in the United Kingdom.
• All the services offered are accessed via the Lewesonline.com homepage and the
other website pages within Lewesonline.com.
• A lewesonline ‘Free listing’ is only available to businesses,
services and organisations in Lewes. Each business, service and organisation
is limited to one free listing throughout the complete website. It can be placed
in any one of the business directories.
• A lewesonline ‘Webpages account’ is available to every
business, service, club, society and organisation in and around Lewes. It is paid for annually. There is a limit of 1 (one) ‘Webpages account’
per business, service, club, society or organisation throughout lewesonline.com.
• 1 (one) lewesonline ‘Freepages’ account is available to every
business, service, club, society and organisation in and around Lewes. There is no annual fee and accounts include
a choice of templates, colours, mastheads, five web pages and a gallery page. No email support is provided for Freepages accounts. Please use the message boards. Customers may only have one Freepages account per business, service, club, society or organisation throughout lewesonline.com.
1. Registering and information
1.1 When registering with lewesonline for obtaining Services You agree to provide
true, accurate, current and complete information about You as a user of Services
("User Information"), and to keep lewesonline updated of any changes
to the User Information.
1.2 You agree not to impersonate any other person or entity or to use a false
name or a name that You are not authorised to use and you confirm and represent
that you are located in or around Lewes, East Sussex, United Kingdom. lewesonline reserves
the right to suspend provision of the Services or terminate Your account (including
user name and password) if any User Information is untrue, inaccurate, out-of-date
2. Provision of the Services
2.1 In consideration of You being our customer lewesonline agrees to provide
You with the Services.
2.2 lewesonline reserves the right in relation to the Services to control, direct
and establish technical procedures for the use of lewesonline or the Services
and You agree to follow our instructions or procedures with respect to Your
use of the Services.
2.3 lewesonline shall have no obligation to inspect the content and material
in Your advertisement files and e-mails and the like or to verify Your compliance
with these Terms or with any applicable laws, regulations or codes. lewesonline
reserves the right to itself inspect or to grant access to any relevant item
or materials for inspection by any relevant authority in the event of any breach
or purported breach by You of these Terms.
3. lewesonline shall be entitled;
3.1 to modify, suspend or discontinue, temporarily or permanently, lewesonline
or the Services at any time at lewesonline’s absolute discretion without
notice to You and You agree that lewesonline shall not be liable to You or any
third party for any such modification to suspension of or discontinuance of
3.2 to change Your username and/or password on notice to you at any time at
our absolute discretion.
3.3 vary these Terms at its sole discretion at any time. You will be notified
of any material changes by e-mail or by posting on lewesonline’s Service
and any such changes shall be deemed to have been accepted by You if You continue
to use lewesonline’s Services after a period of seven days from the date
of the said e-mail or posting. lewesonline reserves the right to terminate Your
account immediately without further notice, if You do not accept any such changes.
4 Your use of lewesonline’s Services
4.1 You are responsible at all times and in all respects for all materials,
items or content in whatever form published by You in connection with Your use
of lewesonline’s Services ("Your Content").
4.2 You hereby undertake that You will comply with the Acceptable Use Policy,
which is hereby incorporated into this agreement as if it was set out in this
document in its entirety.
4.3 You are responsible for retaining your own back-up copies of all Your Content.
lewesonline shall under no circumstances be liable for any loss, damage, costs,
expenses or other claims for compensation arising from any data, file or material
being damaged, corrupted or lost.
4.4 You are responsible for procuring and maintaining all equipment, software
and communication lines (other than forming part of the Services) which are
required by You properly to access the Server and You acknowledge that You are
liable for the payment of all and any additional charges in connection with
Your use of the Services.
4.5 You acknowledge that neither lewesonline’ or lewesonline’s Services
were designed and produced to Your requirements.
4.6 You acknowledge that whilst lewesonline takes reasonable security measures
as part of the Services, the Servers are not warranted to be secure and accordingly
lewesonline does not and cannot guarantee or warrant the privacy of any information
stored on its server.
4.7a You agree that all Webpages accounts will contain lewesonline advertising.
4.8 You may not, under any circumstances add any form of advertising code (such as Google Adsense) or otherwise to your Freepages or Webpages account pages.
4.9 The following rules apply while using the lewesonline Freepages and Webpages accounts:
4.9a Pornographic, obscene, nude, graphically violent, and other inappropriate content is strictly prohibited.
4.9b Members will be held legally responsible for the contents of their Freepages and Webpages accounts including but not limited to use of copyrighted material without the permission of the author or posting material considered indecent for minors. The use of Freepages or Webpages accounts for illegal purposes is strictly forbidden and any Freepages or Webpages accounts found to be or believed to be, in the Companies sole discretion, violating the law may be removed without notice. Lewesonline membership will be revoked if any of the following activities occur:
4.9b1 Adult or Pornographic related
4.9b2 Hate, Bigotry, racial intollerence, blackmail and/or Intolerance
4.9b3 Warez or Software Piracy related
4.9b4 Music Piracy Related
4.9b5 Hacking Related
4.9b6 Making available copyrighted software which has been "cracked" (e.g., copyright protection for the software has been removed)
4.9b7 Making available serial numbers for software which can be used to illegally validate or register software.
4.9b8 Making available tools which can be used for no purpose other than "cracking" software.
4.9b9 Spamming to promote your website
4.9b10 Anything related to illegal activity
4.9c Only .jpg and .gif files may be uploaded to a Freepages or Webpages account. Other file types will be deleted without notice.
4.9d You and any person who has access to your account must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. Lewesonline reserves the right to remove Content which is deemed in the Companies sole discretion harmful, offensive, or otherwise in violation of the Rules or any rules or policies Lewesonline has in place at the time.
4.10 You agree to add at least one full page of text (relevant to your business, service, club, society or organisation) to your Freepages account and not just a website and/or email link. Failure to do so may lead to removal of your Freepages account.
use the data and information you provide.
6. Technical Support
6.1 lewesonline uses its reasonable endeavours to provide You with technical
support via E-mail on a 24 hour a day seven day a week basis limited to addressing
problems experienced with accessing and using lewesonline’s products and
6.2 lewesonline does not have a minimum response time to any particular query
nor does it guarantee to provide answers for any query. However, lewesonline
endeavours to respond to any queries submitted using the forms within the Contact
sections of its products, within 48 hours.
7. Disclaimer of Warranties/Limitation of Liability.
7.1 lewesonline uses its reasonable endeavours to provide You with continuous
Services but lewesonline makes no warranty or representation that the Services
will be, uninterrupted or secure. You acknowledge that neither lewesonline nor
any other party has any control over the Internet.
7.2 lewesonline make no warranties or representations of any kind either express
or implied in relation to the Services including but not limited to warranties
or conditions of completeness, accuracy, satisfactory quality, merchantability
and fitness for a particular purpose. lewesonline specifically makes no warranty
or representation as to the accuracy of any information obtained by You through
7.3 Save as expressly set out herein, all conditions or warranties which may
be implied or incorporated into this Agreement by law or otherwise are hereby
expressly excluded to the extent permitted by law.
7.4 lewesonline is not liable and shall not be liable under any circumstances,
for any indirect, incidental, special, punitive or consequential loss or damages
which result or may result from Your use of the Services (included but not limited
to deletion or loss of files, defects or delays in transmission or any failure
of the Servers or the Internet) or Your access to the Internet or use thereof
for any purpose whatsoever, or for any reliance on or use of information, services
or goods purchased on or through the Services or the Internet. In respect of
direct loss, lewesonline’ maximum aggregate liability under these Terms
shall be limited to the charges paid by you under Your Agreement with lewesonline.
7.5 lewesonline shall under no circumstances be liable for any unauthorised
access to, or alteration, theft or destruction of any of Your e-mails by any
person through accident or by fraudulent means or devices even if such access
occurs as a result of our own negligence.
7.6 lewesonline reserves the right to amend or remove material from the Site
in its absolute discretion without giving any reason therefore.
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