Terms of Service
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by 1st Citizen Limited.
1st Citizen Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Responsibility for Your Content
You and you alone are legally liable and responsible for your content on Birmingham Directory. Once published, your content cannot always be withdrawn. You undertake and assume all liability and risks arising out of and/or associated with that content, including anyone’s reliance on it and on anything in that content that makes you personally identifiable. You represent that you own, or have the legal entitlement or necessary permissions to post, publish, use and/or authorize the use of that content. You will not hold your content or listing or adverts out to be sponsored or endorsed by us.
You are solely and exclusively liable and hold us indemnified if your content contains material, wholly or partially, that is false, intentionally misleading, or defamatory; violates any third-party right, including any design right, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
We may use your content in various ways, including making it available publicly online or off-line, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in line with their own websites and media platforms. It’s all done to make Birmingham Directory and its features more useful for you and general public and other entities that use it. As such, you hereby irrevocably grant us a non-exclusive, world-wide, perpetual, royalty-free, assignable, sub-licensable, transferable rights to use your content for any purpose whatsoever. You also irrevocably grant the users of Birmingham Directory and any other platforms and websites, including third party platforms and websites, the right to access and use your content. You irrevocably waive, and cause to be waived, against London Directory, its owners, directors, and third parties that work with us, as well as our users any claims and assertions of moral rights or attribution with respect to your content and information and profiles associated with your content . By “use” we mean publish, print, transmit, share, copy, publicly perform and display, reproduce, distribute, modify, change, link, translate, remove, analyse, commercialise, and prepare derivative works of your content and other information and profiles associated therewith.
As far as your relationship with us is concerned, your content will remain owned by you. However, we own our content which includes but is not limited to website, website features, visual interfaces, interactive features, graphics, designs, codes, workflows, compilation, including without limitation our compilation of user and site content, products, software, user review ratings, and all other sections, elements and components of our website excluding the content posted and/or owned by you, and the content posted/owned by users and third party content.
We own all design rights, copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world published on or associated with our website, which are protected by design and copyright, trademark, and patent laws as well as all other relevant intellectual and proprietary rights and laws. Therefore, you cannot use, modify, reproduce, distribute, publish, print, create derivative works or adaptations of, display or in any way exploit any of the our content, wholly or partially, except as expressly authorised by us. Except as expressly provided in this document and other sections of our website, we do not give you any express or implied rights, and all rights in and to our website and content are exclusively and permanently retained by us.
Birmingham Directory, and the third parties that work with us as well as our permitted users and businesses may publicly display marketing materials, advertisements and other information adjacent to or included with your content. You are not entitled to any compensation whatsoever for such marketing materials, advertisements and other information. The styling, duration, manner, mode and extent of such advertising and/or display are subject to change without any liability or agreement to notify you
Please also note that we have no obligation whatsoever to keep or provide you with copies of your content, nor do we assume or guarantee any confidentiality with respect to your content.
We are under no obligation, nor do we provide any undertaking, to enforce our policies and terms and conditions for you or on your behalf against another business or user. As discussed herein, we reserve the right to carry out an investigation or review of any use of our website and services to determine a violation of our policies and terms and conditions at our absolute discretion. As such you are encouraged to report another user’s actions on our website which we may review at our sole discretion.
By using our website you agree to always comply with our terms, guidelines, policies and those of the third parties’ that we work with or whose features or services are utilised on our website and its function, messaging, emailing and features. You also agree not to, and will not help, encourage, assist, or enable others to use our website to do any of the following:
- Breach our terms, guidelines, and or policies and those of others , for instance, by posting a false, libellous or defamatory review, or paying someone or getting paid by others to post, or remove a review ;
- Breach any third party’s rights, including any breach of design rights, confidentiality, privacy, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Bully, damage, threaten, stalk, harm, or harass others, or promote racism, bigotry or discrimination;
- Publicise a business or other commercial interest, venture or event, or otherwise use our website for commercial purposes, except by signing up for a business account and as expressly allowed by us;
- Post spam, or mass comments, reviews, emails, or other bulk messaging, or otherwise try to manipulate our website’s search results or any third party website;
- Solicit personal information from children, or send, post or transmit pornography or links thereto; or
- Violate any applicable law.
By using our website you also agree not to require, make, assist, encourage, or enable others to:
- Violate our terms, guidelines, and polices;
- Change, copy, modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, trade, sell, or in any way exploit our website or content on it (except for your content), except as expressly permitted and authorised by us
- Connect with, access, retrieve or index any portion of our website for purposes of manipulating, exploiting, constructing or populating a searchable database of listings, profiles, information, content or reviews;
- Reformat or frame any portion of our website, or do anything that does or may potentially impose in our sole discretion, a load on our website, databases, and or hardware infrastructure or otherwise cause to make excessive traffic or queries on our website or databases or hardware infrastructure including the Server;
- Try to get unauthorised access to website, databases, user-accounts, business-accounts, blog, pages, posts, reviews, posts, computer system, networks and or infrastructure connected to our website, hardware or databases via hacking, phishing, password mining or any other means whatsoever;
- Use the website or its features to upload, add, post, share, or transmit any script, code, computer viruses, worms, defects, Trojan horses or other items of a destructive nature (“Viruses”);
- Use data mining, code, scripts, SQL injections, robot, spider, site search/retrieval application, or other automated device, process or means to connect with, access, retrieve, scrap, or index any portion of the website or content thereon;
- Copy, change, clone, or reverse engineer any portion or features of our website;
- Remove or modify any design right, copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on anything printed or copied from our website or other material published by us;
- Copy, record, publish, post, process, or mine information about other users and businesses on our website;
- Use any script, code, device, application, hardware or software or practice that obstructs, manipulates or interferes with the proper working of our website, its function or features, or otherwise attempt to obstruct, manipulate, or interfere with the proper working of the website;
- Use the website to breach the security of any database, infrastructure, accounts, profiles, listings, network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause damage to, our website or content thereon; or
- Delete, manipulate, obstruct, circumvent, disable, damage or otherwise interfere with any security-related features of our website, features that prevent or restrict the misuse of the website, use or copying of its content, or features that apply limitations on the use of the website.
You agree not to breach these covenants and restrictions herein and in other polices, and guidelines published on our website (even if permissible under applicable law) without giving us a 30 days’ prior written notice via recorded and confirmed post at the address on the contact section our website, together with any information that we may require to afford ourselves an opportunity to provide alternative remedies or otherwise accommodate you at our absolute discretion.
Intellectual Property Disputes
If you believe your intellectual property rights are affected by anything posted or published on our website, please let us know so we can remove the infringing content and do the needful. Please provide full information on how the disputed material infringes on your rights with proof of ownership of such rights. Please send us the correspondence via recorded post and confirm its receipt by calling us and speaking to an authorised representative.
Our website may include references and/or links to other websites, pages or applications, as well as businesses, trades, service providers, products, or services (“External Entities”). We have no control over nor do we endorse any such External Entities. You understand and agree that we are not responsible for the availability, services, communications, products, offerings, trading, actions, omissions, or contents of such External External Entities. Your engagement with and or use of External Entities is at your own risk.
Some of the features, and or services made available through our website may be subject to additional third party or open source licensing terms and disclosures, which are deemed incorporated herein by reference.
By using our website you agree to indemnify, defend, protect, and hold us, our owner(s), subsidiaries, affiliates, any related companies, subcontractors, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (the “Birmingham Directory Entities”) harmless, including costs, liabilities, compensations, obligations, and legal fees, from any demand or claim made by any third party arising from or relating to (i) your access to or use of our website, (ii) your breach of our terms, policies, guidelines, or any third party right or a law, rule or regulation, (iii) any products, services or information, communication, or advice sought, purchased or received by you in connection with our website or from any of the other businesses, entities, individuals, or listings on our website including that that the website provides links for, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
Disclaimers and Limitation of Liability
PLEASE READ THIS ENTIRE DOCUMENT AND THIS SECTION CAREFULLY AS IT LIMITS THE LIABILITY OF Birmingham DIRECTORY ENTITIES TO YOU. THE LIMITATIONS BELOW ONLY APPLY UP TO THE MAXIMUM EXTENT PERMITTED UNDER THE APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE THAT MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A QUALIFIED LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING OUR WEBSITE. BY ACCESSING OR USING OUR WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION AND ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
OUR WEBSITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS MADE AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE Birmingham DIRECTORY ENTITIES MAY NOT MONITOR, CONTROL, OR VET CONTENT. THEREFORE, YOUR USE OF OUR WEBSITE IS AT YOUR OWN SOLE DISCRETION AND RISK. THE Birmingham DIRECTORY ENTITIES MAKE NO CLAIMS OR PROMISES WHATSOEVER ABOUT THE ACCURACY, QUALITY, OR RELIABILITY OF OUR WEBSITE, ITS SAFETY, SECURITY, OR CONTENT AND OR POSTS AND COMMUNICATION ON IT. ACCORDINGLY, THE LONDON DIRECTORY ENTITIES ARE IN NO WAY LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MAY RESULT, FOR INSTANCE, FROM THE USE OF OUR WEBSITE, OR FROM ITS INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE AUTHENTICITY, QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, ADVERTISEMENTS, POSITIONS, RATINGS, REVIEWS (INCLUDING WITHOUT LIMITATION THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS MADE AVAILABLE ON, FOUND ON, USED ON, OR PUBLISHED ON OUR WEBSITE BY US, OUR USERS, OR ANY THIRD PARTIES REGARDLESS OF WHETHER IT WAS APPROVED BY US.
THE Birmingham DIRECTORY ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE INDIVIDUALS, BUSINESSES OR ADVERTISERS LISTED ON OUR WEBSITE OR THE WEBSITE’S USERS. ACCORDINGLY, THE LONDON DIRECTORY ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHATSOEVER THAT MIGHT RESULT FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR INSTANCE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE USERS, BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON OUR WEBSITE. YOUR PURCHASE, USE OR RECEIPT OF ANY COMMUNICATION, ADVICE, SOLICITATION, PRODUCTS OR SERVICES OFFERED BY BUSINESSES AND USERS ON OUR WEBSITE OR LINKED TO BY OUR WEBSITE, ADVERTISERS ON OUR WEBSITE, OR THE THIRD PARTIES THROUGH OUR WEBSITE SITE IS AT YOUR OWN SOLE DISCRETION AND RISK.
Birmingham DIRECTORY ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY INDIVIDUALS, ENTITIES OR BUSINESSES LISTED ON OUR WEBSITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION< UNDERTAKING OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE LONDON DIRECTORY ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH OR CLAIM AGAINST OUR WEBSITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF OUR WEBSITE.
THE Birmingham DIRECTORY ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH OUR WEBSITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE LONDON DIRECTORY ENTITIES IN CONNECTION WITH OUR WEBSITE IN THE 12 MONTHS PRIOR TO THE ACTION FROM WHICH SUCH LIABILITY AROSE, OR (ii) £100.
THE Birmingham DIRECTORY ENTITIES DISCLAIM ANY AND ALL LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
These Terms shall be governed and construed in accordance with the laws of England, UK, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we may try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.