1. THIS AGREEMENT
1.1 This user agreement is a legal document which describes the terms
and conditions applicable to SWA provision of the website and your use
of our service, you must read and agree to be bound by all of the terms
and conditions contained in this user agreement and the privacy policy.
If you do not agree with these user terms and the privacy policy in their
entirety, you must exit the website immediately. By continuing to use
the website you agree that you accept the user terms and the privacy policy
and agree to be bound by them.
1.2 SWA reserves the right to remove, add to and change these terms and
conditions at its sole discretion without your consent. The new version
will be posted onto the website and will take effect after 14 days of
such a posting (or any later date indicated in the posting). If you do
not agree to be bound by the amended agreement you should no longer use
the website; by continuing to use the website you agree that you accept
the amended agreement and agree to be bound by the new agreement.
1.3 No amendment of variation of this agreement by you is valid except
when arrangements are made and recorded in writing duly authorized and
agreed by an authorized official or representative of SWA.
1.4 These terms and conditions shall be governed by and construed in accordance
with English Law and subject to the non-exclusive jurisdiction of the
English Courts. SWA makes no representation that any of the information
is appropriate for use in any other jurisdiction.
1.5 If any of this agreement is held to be invalid or unenforceable by
judicial decree or decision such provision shall be struck and the remainder
of the agreement shall remain valid and enforceable.
1.6 This agreement does not affect any rights that you may have under
the provision of any applicable law or regulation.
2. YOUR USE OF THE WEBSITE
2.1 You agree that you will use the website in accordance with the user
agreement and you agree that:-
(i) To offer any item for sale or rent you are legally able to enter
into contracts for purchase, sale or hire of the items in question. By
advertising an item for sale you assert that you are legally entitled
to pass ownership of that item.
(ii) You undertake to register for the purpose of placing an advert using
your correct name, address and any other requested details.
(iii) For the purpose of placing an advert using a prepayment card you
must ensure that you are the legal owner of the card and have the right
to use it.
(iv) For the purpose of placing an advert and making payment by a credit
or debit card you must ensure that you are legally entitled to use that
card and that you have sufficient funds available to cover the purchase
price of the advertisement.
(v) You will accurately describe items advertised and you are liable for
any errors or omissions in your descriptions. Any brand names or other
indication of origin of manufacture which you include in your description
must be completely accurate and you will not knowingly include any false
or misleading claims.
(vi) You will ensure that any item advertised for sale or hire or service
offered will not infringe the intellectual property rights of any person
or entity, breach any law or be offensive, obscene, pornographic, false
or misleading.
(vii) You will, when placing an advertisement on the website, represent
yourself truthfully as an agent, trader or private seller.
(viii) You will not upload, download, store, send, publish or receive
any material that is illegal, offensive, indecent, abusive, obscene, immoral
or defamatory or material that breaches any other person or companies,
intellectual property rights or breaches the confidentiality of any person
or company.
(ix) You will not use the website to send multiple unsolicited e-mails
or messages or cause any other person inconvenience or annoyance. You
will not copy or induce any other person to copy the website or content
contained therein by use of any permitted automatic or manual process
except in the ways printed in this agreement.
(x) Where user names and passwords are needed to access services on the
website you agree that you are responsible for their security and use.
You must ensure that these user names and passwords are kept confidential
and secure and you do not allow any unauthorized access to the website
using your user name and password.
(xi) You indemnify SWA against any claims, costs, expenses or legal proceedings
arising out of an unauthorized use of your user name and password in contravention
of the above clause. Further in these circumstances, SWA shall be entitled
to treat the contravention as a material breach of the user terms and
without limiting further action terminate any access permission granted
to you by SWA forthwith without notice to you.
(xii) In the event that you breach this agreement or you violate a law
or the rights of a third party you agree to indemnify SWA (and any parent,
subsidy, affiliates, officers, directors and employees) harmless from
any claims or demands including reasonable legal fees made by a third
party arising out of your breach of this agreement.
3. SHOPWINDOWADS PROVISION OF THE WEBSITE
3.1 SWA reserves the right to make improvements and changes to the website,
the information and documents provided at any time. SWA also reserves
the right to suspend or remove any material or services on the website
at its sole discretion for reasons of a technical nature. SWA is under
no obligation under this agreement to give prior notice of any such changes.
3.2 SWA provides the website facility on a when available basis. SWA makes
no guarantee of constant availability.
3.3 SWA makes no guarantee that the service will be offered to you error
free. The website and information, documents and other features provided
could include inaccuracies of a technical and typographical nature. SWA
assumes no liability for such errors or omissions.
3.4 Where information is available through links such information is an
opinion or recommendation only and should not be exclusively relied upon.
3.5 SWA does not represent those persons, companies or other organizations
as an agent whose goods or services may be displayed or referred to on
the website. As a result SWA has no control over the quality, safety or
legality of the items advertised or that they are free of encumbrance
or charges or that such an advertisement is a representation or statement
of fact or accuracy. Do not assume that items for sale, hire or services
offered or any claims made are valid and legal simply because it is listed
on our website you should carry out independent checks before entering
into any contracts.
3.6 SWA reserves the right to refuse to display or remove at its sole
discretion any material (including but not limited to any advertisement)
which is deemed to be unlawful, immoral, obscene or likely to cause offence
or violate the rights of a third party.
3.7 SWA only provides an online advertising facility for goods and services,
the service is offered to you on an as is basis with advertisement having
a fixed duration period. SWA does not and cannot guarantee a level of
response to advertisements or guarantee the sale of any item.
3.8 Advertiser bookings taken directly by SWA are displayed only on the
website and do not include any local shop window display advertisement.
3.9 The price list for advertisements displayed on the website is applicable
to customers booking on line only. Where prepayment cards are obtained
though retail agents, prices may vary and may or may not be subject to
VAT. Such advertisements may also be inclusive or exclusive of a local
shop window display advertisement at the sole discretion of the agent.
4. DISCLAIMER
4.1 You use and browse the website of your own risk. No party involved
in creating, maintaining or delivering the website including SWA is liable
for incidental, consequential or punitive damages either directly or indirectly
arising out of your use of the website.
4.2 SWA declines any liability for personal or property damage resulting
form transmitting or downloading computer viruses.
4.3 The provision of automatic links to third party websites does not
imply endorsement of their contents. The provision of the links is for
convenience only. SWA is not responsible for and has no control over their
contents. You should read the terms and conditions and privacy policy
provided on such sites.
4.4 SWA shall not be liable for the act, omissions or failure of products
of telecommunications services or faults or failures of their networks
or equipment.
4.5 SWA shall not be liable for any failure to perform or deliver on its
obligations under this agreement caused by matters or events beyond its
control.
4.6 The website is based on a self place system. You are entirely responsible
for the placement, accuracy and uploading of your advert and SWA are not
liable for any errors or omissions made during this process. You should
ensure that care is taken when placing your advert. SWA are not liable
and do not make refunds for spoiled adverts. Replacement numbers may be
provided at the sole discretion of SWA.
4.7 SWA endeavours to offer a website which can accommodate adverts for
virtually any product or service. SWA shall not be liable if after purchasing
a prepay number you subsequently find that the website is not a suitable
facility for your requirements. You must ensure that you are satisfied
that the advertisement slot that you choose is suitable for advertising
your product or service. SWA are not liable and will not make refunds
if you cannot or decide not to proceed with placing your advert.
4.8 The website advert placement system relies on a unique prepay number
system. SWA cannot guarantee that no customer will ever receive a defective
number. In the unlikely event that this occurs you should inform SWA and
a replacement number will be issued.
5. INTELLECTUAL PROPERTY
5.1 All copyright, trademarks and advertising material (including but
not limited to text, graphics, documentation, pictures and articles) and
any other intellectual property rights in and relating to the SWA.com
website are owned by SWA.
5.2 SWA grants you a non-transferable license to view, store, print, download
and transmit the advertising material, information and graphics contained
on the website for your own non-commercial use provided that:
(i) Your usage is permitted by this user agreement;
(ii) You do not remove any notices or warnings relating to the ownership
of copyright;
(iii) You do not, or induce any other person to, reproduce, copy, alter,
modify or create derivative works from the intellectual property;
(iv) You do not publicly display any of the website contents except in
ways expressly permitted by this agreement.
PRIVACY POLICY
1. When placing an advert on shopwindowads.com website our form will
require you to give us contact details (including name and address) the
details included on this page will not be included in your advertisement.
2. Telephone numbers used and e-mail addresses supplied as contact details
will be posted on the web for the full duration of the advert.
3. Credit card information is collected using a secure connection and
shopwindowads.com require and retain no information or record of credit
card details.
4. During the normal course of business we may retain letters, e-mails
and text messages; we may also record phone calls.
5. We may use information provided by you for making contact to inform
you of any problem with your advert and respond to your enquiries or for
other customer service work.
6.
Personal information will be retained by us only for as long as necessary
for the purposes described in this policy.
7. Shopwindowads.com reserve the right to access and disclose personal
data if we are either compelled to do so by law or in response to a valid
legal request by a law enforcement or government authority.
8. During the course of maintaining, developing and administering the
website we may need to pass your information on to a third party. In this
event the information will only be used for this purpose.
9. The data provided by you may be shared within our group including subsidiaries
or holding companies but only for the purposed described in this privacy
policy.
10. In the case of account holders where information has changed we may
maintain previous details recorded but only as long as necessary.
11. For the purpose of the Data Protection Act 1998, you acknowledge that
in the course of placing an advert for goods or services on our website
personal data about your agents, employees or subcontractors or any other
third party may be collected and retained by us. If this is the case you
must ensure that you have obtained the consent of any said third parties
to transfer their personal details to us to store and process for the
purposes set out in this privacy policy including any contact forming
part of the advert posted on the website to be accessed by users worldwide.
You shall indemnify showpwindowads.com from all claims employee, subcontractor,
agent or other third party out of any failure to obtain proper consent.
12. During the course of placing an advert on this website personal information
will be captured electronically and transmitted to shopwindowads.com and
potentially to third parties including internet service providers and
those involved n running and maintaining the website. By placing an advert
you expressly agree to the collection and use of your information for
the purposes set out in this privacy policy.
13. Our employees, directors and other personnel are aware of the confidential
nature of personal information. We limit where possible access to personal
information to those personnel who use such information during the course
of their duties.
14. Links to other sites are provided on shopwindowads.com. The privacy
practices of any linked website is beyond the control of shopwindowads.com.
When using other websites through links you should consult their privacy
policies.
15. Shopwindowads.com reserve the right to change or amend the terms of
this policy in their sole discretion without prior notice. A new or amended
privacy policy will be posted on the website and will become effective
from the time of posting to ensure that the user has read the latest version
the privacy policy should be visited and read before placing an advert.
16. Shopwindowads.com are committed to the security of customer information
and other data provided to us via the shopwindowads.com website, any other
website or by any other means.
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