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1. Introduction
The following terms and conditions set out the basis upon which Jakana
Exhibitions will provide the various services that are available to
you as a User. Section 1 applies to all the Services you use
Section 2 containing specific terms and conditions relating to the Web
Design and Web Hosting Service will apply in addition to Section 1
when this Service is used. Section 3 containing specific terms and
conditions relating to the Market Place and Trading Service will apply
in addition to Section 1 when this Service is used. In making use of
our services we are to provide you are required to adhere to these
terms and conditions as they apply to the relevant service (and any
amendments or additions Jakana Exhibitions may make to them, from time
to time) and each time you use the same you reaffirm your acceptance
of the applicable terms and conditions.
2. Definitions
and Interpretations “Agreement” the agreement
between Jakana Exhibitions and the User incorporating these
conditions. “Charges List” a list of charges for the
Service which Jakana Exhibitions publishes from time to time
“Community Service” bulletin board service, chat areas,
news groups, forums, communities and/or other message or
communications facilities.
“Content” information, data, text, graphics, sound, music,
video, photographs, software and any other materials (in whatever
form). “Jakana Exhibitions” Jakana Trading Co
Limited
“Jakana Exhibitions Content” the Content made available
(directly or indirectly) as part of the Service.
“Internet” the global data network comprising interconnected
networks and processors using the TCP/IP protocol suite.
“User” the person, firm, company or organization who or which
registers or subscribes to use the Service.
“User Content” the Content made available (directly or
indirectly) on the User Website.
“User Website” means the website(s) established by or on
behalf of the User using the Service.
“Service” a service providing web design, web hosting Internet
access to online content, participation in a trading community
enabling Users to advertise goods and services and to facilitate
transactions online between buyers and sellers and, where applicable,
any other services and facilities which Jakana Exhibitions provides
and the User makes use of under this Agreement.
“Software” any software provided by Jakana Exhibitions for
accessing or using the Service.
“Third Party Information” means data, information, video,
graphics, sound, music, photographs, software and any other materials
(in whatever form) not owned or generated by or on behalf of the User,
published or otherwise made available on the User Website.
3. The Service
3.1 Jakana Exhibitions shall provide the Service on these terms and
conditions.
3.2 The Agreement shall run for a period of one year (“the
initial period”) and shall continue automatically for successive
periods of one year thereafter unless the User gives one month’s
notice in writing to Jakana Exhibitions such notice to expire at the
end of the initial period or any subsequent anniversary of the end of
the initial period.
3.3 Each User must in registering to become a User provide full
details of the User’s name address and other relevant details
reasonably requested by Jakana Exhibitions. In addition, the User
shall nominate a particular individual together with a deputy upon
whom Jakana Exhibitions can rely upon as acting as an authorized
representative of the User.
3.4 To access the Service the User will need at his cost a
telecommunications connection, a suitable PC, modem or comparable
equipment and/or any other items of hardware or communications
equipment that may be necessary. It is the User’s
responsibility to ensure such equipment’s technical compatibility
with the Service.
3.5 Jakana Exhibitions reserves the right:
3.5.1 to vary the nature and technical specification of the Service
from time to time.
3.5.2 to vary the Service at any time by correcting any errors or
deficiencies or by introducing enhanced facilities. 3.6 It is the
User’s responsibility to keep any password or security phrase
allocated as part of the Service confidential and not disclose it or
them to any other person for any reason.
3.7 Jakana Exhibitions gives no warranty that the Service shall
be uninterrupted or error-free or will meet the User’s requirements.
4. Charges
4.1 The User agrees to pay all charges for the Service as
specified in the Charges List which charges are payable in advance and
are exclusive of VAT. If payment is not made on the due date,
Jakana Exhibitions reserves the right to charge interest at the rate
of 4% above the base rate of Barclays Bank PLC in force from time to
time as well before as after any judgment.
4.2 Jakana Exhibitions reserves the right to vary any of the
charges for the Service at any time but will give the User 30 days’
notice before the new charges become effective.
4.3 Jakana Exhibitions reserves the right to make a charge for
any work done by Jakana Exhibitions which arises out of the User’s
failure to perform its obligations or which is not specified by Jakana
Exhibitions as being part of the Service.
5. Use of the Service
5.1 The User shall not make any unauthorized commercial use of
the Service and acknowledges that the Service is provided solely for
the User’s own use.
5.2 The User warrants that in relation to the User Content:
5.2.1 all necessary licenses and consents have been obtained for the
use and display of the User Content
5.2.2 it will not include any material which is (or the accessing of
which) would be a criminal offence or otherwise unlawful
5.2.3 it will comply with all legislation, regulations or guidelines
issued by regulatory authorities, relevant licences and any other
relevant codes of practice
5.3 the User will adhere to any policies or codes of practice Jakana
Exhibitions may publish from time to time in relation to the use of
the Service.
5.4 The Service and, in particular, but not limited to the Community
Service, must not be used:
5.4.1 for fraudulent or criminal purposes;
5.4.2 to publish, post, send, receive, upload, download, use or re-use
any material which is offensive, abusive, indecent, defamatory,
obscene or menacing, or in breach of copyright, confidence, privacy or
any other rights;
5.4.3 to upload files that contain viruses, corrupted files or any
other material that could damage our Service or use of them by others;
5.4.4 to cause, abuse, threat or violate another’s legal or moral
rights;
5.4.5 to send unsolicited advertising or promotional material.
5.5 GI shall be entitled at any time to suspend the Service
and/or treat the User as being in breach for the purposes of Clause 7
if the User is in contravention of the foregoing.
6. Jakana Exhibitions Disclaimer
In entering into this Agreement the User acknowledges and accepts
that:
6.1 Jakana Exhibitions does not warrant or guarantee the accuracy
or completeness of any of the Jakana Exhibitions Content or any
further information or results which may be derived from it.
6.2 it is the User’s responsibility to evaluate the accuracy
and completeness of the Jakana Exhibitions Content.
6.3 it is not entitled to rely on any Jakana Exhibitions Content
in making any business or other decision
6.4 the User’s use of the Jakana Exhibitions Content (for
whatever purpose) is at the User’s sole risk.
6.5 The User is solely responsible for evaluating any goods
(including software) or Service offered by third parties via the
Service or on the Internet.
6.6 Jakana Exhibitions will not be a party to or in any way
responsible for any transactions between the User and third parties
nor the behavior of other Users of the Service or third parties.
6.7 The User expressly acknowledges that Jakana Exhibitions
accepts no liability of any kind in relation to, or arising from, any
representation or warranty or other statement made by the User to any
third party or by the third party to a User.
6.8 Jakana Exhibitions has no obligation to monitor the Community
Service or the use to which it is put.
7. Termination
7.1 Without prejudice to any other entitlement Jakana Exhibitions
may have, Jakana Exhibitions shall be entitled to suspend the
provision of the Service to the User or terminate this Agreement (or
both) with immediate effect on giving the User notice if:
7.1.1 the User is in breach of any provision of this Agreement;
7.1.2 Jakana Exhibitions believes the Service is being used in a
manner prohibited under any policy relating to acceptable use Jakana
Exhibitions may issue from time to time;
7.1.3 any Charge(s) is unpaid or rejected;
7.1.4 the User becomes insolvent.
7.2 If Jakana Exhibitions terminates this Agreement all charges
which are due for the Service under this Agreement shall become
immediately due and payable by the User.
8. Limitation of Liability
8.1 Nothing contained in these terms and conditions shall apply
to limit or exclude liability for death or personal injury resulting
from its negligence and Jakana Exhibitions accepts unlimited liability
in respect of the same.
8.2 Save as stated in 8.1 and 8.3 Jakana Exhibitions is not
liable to the User, either in contract, tort (including negligence) or
otherwise for
8.2.1 direct or indirect loss of profits, business or anticipated
savings;
8.2.2 for any indirect, special or consequential loss or damage; or
8.2.3 any destruction of data.
8.3 Jakana Exhibition's liability to the User in contract, tort
(including negligence) or otherwise in relation to this Contract is
limited to £500 in total
8.4 Jakana Exhibitions is not liable to the User either in
contract, tort (including negligence) or otherwise for the acts or
omissions of other providers of telecommunications or Internet service
(including domain name registration authorities) or for faults in or
failures of their equipment. 8.5 To the fullest extent
permissible under law, except as set out in these Conditions, all
conditions, warranties, representations (other than fraudulent
misrepresentations) and warranties relating to the Service, whether
imposed by statute or by operation of law or otherwise, that are not
expressly stated in these Conditions including, without limitation,
implied conditions of satisfactory quality and fitness for a
particular purpose are excluded.
8.6 If any provision of these Conditions is held by any competent
authority to be invalid or unenforceable in whole or in part, the
validity of the other provisions of these Conditions and the remainder
of the provisions in question shall not be affected.
8.7 The User acknowledges that Jakana Exhibitions has no control
over the information which can be accessed by using the Service and
that Jakana Exhibitions does not examine the use to which Users put
the Service or the nature of the information the Users send or upload.
Jakana Exhibitions excludes all liability of any kind for the
transmission or reception of such information of whatever nature.
8.8 Jakana Exhibitions excludes all liability of any kind for the
Content or any other material published or otherwise made available by
the User or any other person on any Website the User establishes using
the Service.
9. Intellectual
Property Rights
9.1 All copyrights (including rights in the Software), trade
marks, database rights, patents, inventions and other intellectual
property rights in and relating to the Content and the Service are
owned by Jakana Exhibitions and its licensors. Nothing in these
Conditions shall transfer ownership or any aspect of ownership in
these rights to the User.
9.2 The User must not and must not permit anyone else to copy,
store, adapt, modify, transmit, distribute externally, perform, play
or show in public, broadcast or publish any part of the Content.
9.3 The User may make only so many copies of the Software and
other elements of the GI Content as are reasonably necessary for the
purposes of using the Service although use on standby equipment is
only permitted on payment of a further Charge.
9.4 In the event of any unauthorized use of the Service due to
any act or omission of the User Jakana Exhibitions may, in addition to
any other remedy it may have, levy an additional charge equivalent to
the Charge for the Service for the period of the unauthorized use. A
non-exclusive non-transferable license is granted to the User to use
the Software.
10. Indemnity
The User shall indemnify and keep Jakana Exhibitions indemnified
against any claims or legal proceedings arising from the use of the
Service under this Agreement (including, but not limited to claims in
respect of defamation, breach of copyright or other intellectual
property right infringement) which are brought or threatened against
Jakana Exhibitions by another person or arise from any breach by the
User of this Agreement.
11. General
11.1 These Conditions constitute the entire agreement between the
parties, supersede any previous agreement or understanding and may not
be varied except in writing between the parties. All other terms
and conditions, express or implied by statute or otherwise, are
excluded to the fullest extent permitted by law.
11.2 Any notice required or permitted to be given by either party
to the other under these Conditions shall be in writing addressed to
the other party at its registered office or principal place of
business or such other address as may at the relevant time have been
notified pursuant to this provision to the party giving the notice.
11.3 No failure or delay by either party in exercising any of its
rights under this Agreement shall be deemed to be a waiver of that
right, and no waiver by either party of any breach of this Agreement
by the other shall be considered as a waiver of any subsequent breach
of the same or any other provision.
11.4 Jakana Exhibitions reserves the right to assign or
sub-contract any or all of its rights and obligations under these
Conditions without the User’s consent to such assignment or
subcontract. The User shall not assign or dispose of this
Agreement or any part thereof without the prior written consent of
Jakana Exhibitions.
11.5 Jakana Exhibitions shall not be deemed to be in breach of
these Conditions or otherwise liable for any delay in performance or
any failure to perform any obligations under these Conditions (and the
time for performance shall be extended accordingly) if and to the
extent that the delay or failure is due to circumstances beyond Jakana
Exhibition's reasonable control. If any of the foregoing continues for
more that 28 days Jakana Exhibitions may serve notice on the User
terminating this Agreement.
11.6 English law shall apply to this Agreement, and the parties
agree to submit to the exclusive jurisdiction of the English courts.
1. Introduction
In addition to Jakana
Exhibition's
General Terms and Conditions set out in Section 1 the following
specific terms and conditions will govern the Agreement between Jakana
Exhibitions
and the User in relation to Web Site Design and Web Hosting.
2. Definitions and Interpretation
In addition to the Definitions appearing in the General Terms and
Conditions the following shall apply:
“Domain Name” a name registered with an Internet registration
authority for use as part of the User’s URL.
“Server” Jakana
Exhibition's
server.
“URL” means a uniform resource locator, which is the full
address for a web site.
“Web Design Service” the design of a Website for a User from
time to time the specification for which shall be agreed in writing
between Jakana
Exhibitions
and the User
“Web Hosting Service” the provision of Web Space to enable the
User to store its Web Site on the Server from time to time.
“Web Site” A site at which text, graphics,
data, files and information are stored electronically and access to
which is made available to third parties via the Internet.
“Web Space” The agreed amount of space including an allocation
of storage space on a web server and a bandwidth allocation to be
provided by Jakana
Exhibitions
on its Server to the User for the User’s Web Site.
3. Provision of the Web Services
3.1 Web Design Jakana
Exhibitions
shall provide the Web Design Service and the User shall pay the
relevant charge set out in the Charges List.
3.2 Web Hosting
3.2.1 Jakana
Exhibitions
shall provide the Web Hosting Service on these terms and conditions
for an initial period of one year and shall continue to provide the
Web Hosting Service for successive periods of one year unless and
until the User gives one month’s notice in writing to Jakana
Exhibitions
such notice to expire at the end of such initial period or any
subsequent anniversary of the end of such initial period. The
User shall pay the relevant charges for the Web Hosting Service as set
out in the Charges List.
3.2.2 Jakana
Exhibitions
shall use its reasonable endeavors to provide the Web Hosting Service
but does not warrant that use of and access to the Server and the
User’s Web Site will be uninterrupted or error-free. The User
is wholly responsible for backing up and otherwise saving the User
content.
3.3 In addition to other entitlements it may have, Jakana
Exhibitions
reserves the right to suspend the Web Hosting Service and/or close
down the User’s Web Site if Jakana
Exhibitions
considers:
3.3.1 such site is being used for any unlawful or unlicensed purpose;
3.3.2 such site contains content which is in breach of the General
Terms and Conditions (in particular, but not limited to, clause 5);
3.3.3 the bandwidth and/or storage allocation has been exceeded
without the consent of Jakana
Exhibitions.
3.4 Jakana
Exhibitions
reserves the right generally to make changes to the Web Hosting
Service if such changes are required in order for Jakana
Exhibitions
to comply with relevant legislation, regulations and codes of
practice.
4. The User’s Undertakings
4.1 The User shall as and when required by Jakana
Exhibitions,
provide Jakana
Exhibitions
with the User Content in such form as Jakana
Exhibitions
shall request to enable the Web Design Service and the Web Hosting
Service to be performed.
4.2 In relation to the User’s Content, the User accepts full
responsibility for the same and repeats the warranty contained in
clause 5.2 of the General Terms and Conditions.
5. Domain Name If Jakana
Exhibitions
is to provide the additional service of registering a Domain Name for
the User as part of its URL, the User agrees as follows:
5.1 Jakana
Exhibitions
does not warrant any name chosen by the User is capable of
registration and may refuse to make application and/or cease any
application in relation to a name which it believes is defamatory,
obscene, offensive or infringes the rights of any third party.
5.2 The User warrants that any Domain Name it puts forward is
owned by it and does not infringe the rights of any third party and
will indemnify Jakana
Exhibitions
in respect of any loss or damage suffered by Jakana
Exhibitions
arising from a breach of this warranty.
5.3 To pay to Jakana
Exhibitions
the Charge for the Domain Name.
1. Introduction In addition to Jakana Exhibition's General
Terms and Conditions set out in Section 1 the following specific terms
and conditions will govern the Agreement between Jakana Exhibitions
and the Advertiser.
2. Definitions and Interpretations In addition to the
definitions appearing in the General Terms and Conditions the
following shall apply:
“Advertiser” any party ordering or seeking to place an
advertisement on Jakana Exhibition's Website.
“Advertisement” all forms of advertisement whether as
banners, text advertising messages, hypertext links and any other
material intended to be advertised.
“Advertising Period” the period agreed between the
Advertiser and Jakana Exhibitions as to the duration of the
publication of the advertisement. “Basic Terms” the terms
set out in clause 6 which are expected to be incorporated into any
Transaction.
“Buyer/Prospective Buyer” the user party buying or proposing
to buy the goods and services being offered by the Advertiser/Seller
“Classified Advertisement” an Advertisement describing
specific goods [and/or services] (including recruitment opportunities)
which an Advertiser is offering for sale or supply using Jakana
Exhibition's Garden-trade Website and Service together with any
applicable terms and conditions.
“GI Policies” Policies, procedures and codes of practice
published by Jakana Exhibitions governing acceptable practice and
conduct in using the services provided by Jakana Exhibitions.
“GI’s Website” the Website belonging to and administered
by Jakana Exhibitions.
“IPRs” intellectual property rights (including without
limitation copyright and design right) in or to the copy comprised in
any advertisement (including without limitation, drawings, sketches,
artwork, photographs and text).
“Laws and “Codes of Practice” applicable laws and
legislative requirements, British Code of Advertising Practice and
other codes of practice, standards, rules and regulations which from
time to time are applied by advertising bodies regulating and
controlling the publication of advertisements.
“Seller/Prospective Seller” the party to transactions or
proposed transactions selling or proposing to sell various goods and
services
“Transactions” the contract between the Seller and the
Customer.
“Web Page” a web page on Jakana Exhibition's Garden-trade
Website.
3. Provision of the Service
3.1 Subject to these terms and conditions Jakana Exhibitions
shall use its reasonable endeavors to make available the
Advertisement on Jakana Exhibition's Website but in the event of
failure to do so its sole liability shall be the reimbursement of the
Charge for the Service.
3.2 Jakana Exhibitions does not warrant or guarantee that Jakana
Exhibition's Website will display the Advertisement without
interruption or error-free.
4. Advertiser’s Obligations
4.1 The Advertiser undertakes and warrants as follows:
4.1.1 any and all Advertisement copy shall comply with the Laws, and
Codes of Practice;
4.1.2 that in relation to the content of any Advertisement which is to
be placed and published on the Web Page or banner it has all necessary
rights, licenses and consents without any liability to make payment to
third parties;
4.1.3 save in respect of IPRs belonging to third parties at the time
of placement of the Advertisement IPRs shall be assigned to Jakana
Exhibitions and the Advertiser shall at Jakana Exhibition's request
sign and execute all such documents and perform such acts as Jakana
Exhibitions may reasonably require to vest the IPRs in Jakana
Exhibitions and to protect and enforce them;
4.1.4 the Advertisement will not include any information or material
which is illegal, obscene or defamatory;
4.1.5 the accessing, holding, transmitting or supplying of the
Advertisement will not constitute a criminal offence or otherwise
unlawful
4.2 The Advertiser agrees with Jakana Exhibitions that Jakana
Exhibitions may:
4.2.1 require the Advertisement copy, the Web Page or any banner
advertising to be amended if it does not approve the same;
4.2.2 at any time reject or remove from the Website(s) any
advertisement which in Jakana Exhibition's opinion is unlawful,
misleading, offensive, prejudicial, defamatory or is likely to be in
breach of this Agreement;
4.2.3 at any time vary the technical specifications of its Website (or
any part of it) for operational reasons.
5. Transactions
5.1 Jakana Exhibitions acts as a facilitator and on-line venue
only for the purposes of allowing the Buyer to purchase goods or
services from the Seller and is therefore not a party to any contract,
collateral or quasi-contract that may be entered into in relation to
the sale of the goods. Consequently:
5.1.1 Jakana Exhibitions does not inspect evaluate or in any other
manner have any involvement with the goods or products advertised for
sale and the Buyer accepts that Jakana Exhibitions has no
responsibility for the truth or accuracy of the Advertisements or the
quality or safety of the goods or services or the ability of the
Seller to honour its commitments and the Buyer should exercise the
appropriate degree of caution and satisfy itself in relation to the
same;
5.1.2 Jakana Exhibitions has no liability whatsoever nor gives any
warranty whatsoever, whether express or implied by statute or
otherwise, as to the goods their quality or nature or as to the
performance by either the Seller or the Buyer of its respective
obligations that may form part of be concluded by any Transaction;
5.1.3 Each party releases Jakana Exhibitions from any liability
whatsoever as to any and all aspects of a Transaction and indemnifies
Jakana Exhibitions against any claims costs liabilities proceedings or
claims that may be brought against Jakana Exhibitions by either party
to the Transaction or by any third party claiming in respect of the
same;
5.2 The terms and conditions governing any Transaction shall be
those as agreed between the Seller and the Purchaser and it shall be
the entire and exclusive responsibility of the Seller and the Buyer to
agree such terms and conditions save that Jakana Exhibitions expects
encourages the Seller Seller and the Buyer to incorporate into such
its conditions the Basic Terms.
5.3 Jakana Exhibitions reserves the right:
5.3.1 to suspend or terminate any Seller’s or Buyer’s
participation in the Service in the event Jakana Exhibitions considers
the Seller or the Buyer is acting in breach of this Agreement and/or
misusing the Service;
5.3.2 to suspend or close down any part or all of the Service where
legally required to do so or where for technical reasons Jakana
Exhibitions is advised so to do.
6. Basic
Terms of Sale
6.1 The Seller undertakes that in relation to the goods [and/or
services] it offers for sale:
6.1.1 it has full and unencumbered title to the same which will be
passed over to the Buyer;
6.1.2 the goods will be of satisfactory quality, will fit their
description and/or specification provided and be fit for the purpose
for which they are being purchased;
6.1.3 all reasonable endeavors will be used to ensure that estimated
delivery dates are met;
6.1.4 all applicable regulations or other legal requirements
concerning the manufacture, packaging, packing and delivery of the
goods shall be complied with;
6.1.5 prices will be charged in the currency quoted by the Seller and
shall be quoted exclusive of VAT or other applicable sales tax.
6.2 The Buyer undertakes that in relation to the goods it buys:
6.2.1 it will accept delivery of the same as and when required and
make appropriate arrangements for such acceptance;
6.2.2 it will pay for the goods in accordance with the terms of
payment agreed between the Seller and the Buyer and in the currency
quoted by the Seller;
6.2.3 the Buyer will inspect the goods as soon as reasonably
practicable after delivery and in the event of any defects in the
goods or shortages in delivery the Buyer will notify the Seller
promptly.
6.3 The Seller and the Buyer confirms that the Transaction is
deemed to have occurred in England and that the laws of England shall
govern any Transaction.
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