LEGAL NOTICE
This notice applies to the entire contents of this website under the domain name
www.mykbaxteronlinemarketing.com (“the Website”). Please read the terms and conditions
carefully before using this website. Please note that using this website indicates that
you have accepted these terms. If you do not accept these terms and conditions, do not use
this website.
This notice is issued by the owner of this website, Myk Baxter Marketing Limited whose
registered office is at Ashgrove House, Trinity Road, Darlington, DL3 7UU with registered
company number 7234714 (“the Owner”).
1 INTRODUCTION
1.1 By accessing any part of this Website, you shall be deemed to have read and accepted
the terms of this legal notice in full. If you do not accept the terms of this legal
notice in full, you must leave this Website immediately.
1.2 The Owner may revise this legal notice at any time by updating this posting. You
should check this Website from time to time to review the then current legal notice
because it is binding on you. Certain provisions of this legal notice may be amended or
superseded by expressly designated legal notices or terms located on particular pages at
this Website.
2 VISITOR MATERIAL AND CONDUCT
2.1 You are prohibited from posting or transmitting to or from this Website any material:
2.1.1 that is threatening, defamatory, obscene, indecent, seditious, offensive,
pornographic, abusive, liable to incite racial hatred, discriminatory, menacing,
scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or
which may cause annoyance or inconvenience; or
2.1.2 for which you have not obtained all necessary licences and/or approvals; or
2.1.3 which constitutes or encourages conduct that would be considered a criminal offence,
give rise to civil liability, or otherwise be contrary to the law of or infringe the
rights of any third party, in the UK or any other country in the world; or
2.1.4 which is technically harmful (including, without limitation, computer viruses, logic
bombs, Trojan horses, worms, harmful components, corrupted data or other malicious
software or harmful data);
2.1.5 which injures any third party and/or their intellectual property rights.
2.2 You may not misuse the Website (including, without limitation, by hacking).
2.3 The Owner shall fully co-operate with any law enforcement authorities or court order
requesting or directing the Owner to disclose the identity or locate anyone posting or
transmitting any material in breach of clause 2.1 or clause 2.2 above.
2.4 The Owner shall have the right (at its absolute discretion and without obligation to
provide notice of any kind) to remove and/or delete any material posted or transmitted to
the Website which it believes at its absolute discretion falls within the categories
described in clause 2.1 above.
3 COPYRIGHT AND PERMITTED USE
3.1 Unless otherwise stated, the copyright and other intellectual property rights in this
Website are owned by the Owner or its licensors. Save as expressly permitted at clauses
3.2 and 3.3 below, use of extracts from this Website is prohibited. If you breach any of
the terms in this legal notice, your permission to use this Website automatically
terminates and you must immediately destroy any extracts downloaded or printed from this
Website.
3.2 Subject to the applicable terms of agreement with the Owner’s licensors, you are
permitted to access the Website to make a copy of the results of any searches made of the
Website, and to use these results for non-commercial purposes PROVIDED THAT no such
access, copying and use comprises, is preparatory to or enables any of the prohibited use
detailed at clause 3.3 below.
3.3 In using this Website, you acknowledge that you are expressly prohibited from:
3.3.1 modifying the data or other material contained in the Website (the “Data”);
3.3.2 merging the Data with any third party data;
3.3.3 selling or trading in the Data;
3.3.4 using or redistributing the Data for the purposes of compiling databases, lists or
directories, other than as and to the extent necessary to use the Data as permitted by
clause 3.2;
3.3.5 issuing questionnaires, reply cards or similar to the individuals or organisations
which are the subjects of the Data for purposes of (including but not limited to) data
capture or verification;
3.3.6 using the Data as source and targeting material for any kind of telemarketing,
direct marketing, viral or other electronic marketing activity on your behalf or on behalf
of or for the benefit of another party.
4 SERVICE ACCESS
4.1 While the Owner endeavours to ensure that this Website is normally available 24 hours
a day, the Owner shall not be liable if for any reason this Website is unavailable at any
time or for any period.
4.2 Access to this Website may be suspended temporarily and without notice in the case of
system failure, maintenance or repair or for reasons beyond the Owner’s control.
5 LINKS TO AND FROM OTHER WEBSITES
5.1 Links to third party websites on this Website are provided solely for your
convenience. Links to third party websites that are posted on this Website are not the
responsibility of the Owner. If you use these links, you leave this Website. The Owner has
not reviewed all of these third party websites and does not control and is not responsible
for these websites or their content or availability. The Owner therefore does not endorse
or make any representations about them, or any material found there, or any results that
may be obtained from using them. If you decide to access any of the third party websites
linked to this Website, you do so entirely at your own risk.
5.2 If you would like to link to this Website, you may only do so on the basis that you
link to, but do not replicate, the home page of this Website, and subject to the following
conditions:
5.2.1 you do not remove, distort or otherwise alter the size or appearance of the Myk
Baxter Online Marketing logo;
5.2.2 you do not create a frame or any other browser or border environment around this
Website;
5.2.3 you do not in any way imply that the Owner is endorsing any products or services
other than its own;
5.2.4 you do not misrepresent your relationship with the Owner nor present any other false
information about the Owner;
5.2.5 you do not otherwise use any Myk Baxter Marketing Limited trade marks displayed on
this Website without express written permission from the Owner;
5.2.6 you do not link from a website that is not owned by you; and
5.2.7 your website does not contain content that is distasteful, offensive or
controversial, infringes any intellectual property rights or other rights of any other
person or otherwise does not comply with all applicable laws and regulations.
5.3 The Owner expressly reserves the right to revoke the right granted in clause 5.2 for
breach of these terms and to take any action it deems appropriate.
5.4 You shall fully indemnify the Owner for any loss or damage suffered by the Owner for
breach of clause 5.2.
6 DISCLAIMER
6.1 WHILE THE OWNER ENDEAVOURS TO ENSURE THAT THE INFORMATION AND DATA ON THIS WEBSITE IS
CORRECT, YOU ACKNOWLEDGE THAT THE WEBSITE CONTAINS THIRD PARTY MATERIAL IN ADDITION TO THE
OWNER’S OWN AND THEREFORE THE OWNER DOES NOT WARRANT THE ACCURACY AND COMPLETENESS OF ANY
MATERIAL ON THIS WEBSITE NOR ANY RESULTS OBTAINED FROM THIS WEBSITE. THE OWNER MAY MAKE
CHANGES TO THE MATERIAL ON THIS WEBSITE AT ANY TIME WITHOUT NOTICE. THE MATERIAL ON THIS
WEBSITE MAY BE OUT OF DATE, AND THE OWNER MAKES NO COMMITMENT TO UPDATE SUCH MATERIAL.
6.2 THE MATERIAL ON THIS WEBSITE IS PROVIDED 'AS IS', WITHOUT ANY CONDITIONS, WARRANTIES
OR OTHER TERMS OF ANY KIND. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE OWNER
PROVIDES YOU WITH THIS WEBSITE ON THE BASIS THAT THE OWNER EXCLUDES ALL REPRESENTATIONS,
WARRANTIES, CONDITIONS AND OTHER TERMS WHICH BUT FOR THIS LEGAL NOTICE MIGHT HAVE EFFECT
IN RELATION TO THIS WEBSITE.
7 LIABILITY
7.1 THE OWNER, THE OWNER’S LICENSORS, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN
CREATING, PRODUCING, MAINTAINING OR DELIVERING THIS WEBSITE), AND ANY OF THE OWNER’S
OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OF ANY OF THEM, EXCLUDE ALL LIABILITY AND
RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD
PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS
OR DAMAGES, OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR
LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, AND WHETHER
IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE) IN CONNECTION
WITH THIS WEBSITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE ANY WEBSITES
LINKED TO THIS WEBSITE OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS
OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER
PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE OR YOUR
DOWNLOADING OF ANY MATERIAL FROM THIS WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE.
7.2 Nothing in this legal notice shall exclude or limit the Owner’s liability for:
7.2.1 death or personal injury caused by negligence (as such term is defined by the Unfair
Contract Terms Act 1977); or
7.2.2 fraud; or
7.2.3 any liability which cannot be excluded or limited under applicable law.
8 CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999 Nothing in this agreement is intended to
confer rights to any person or company not party to it and the provisions of the Contracts
(Rights of Third Parties) Act 1999 are hereby expressly excluded.
9 GOVERNING LAW AND JURISDICTION
9.1 This legal notice shall be governed by and construed in accordance with English law.
Disputes arising in connection with this legal notice shall be subject to the exclusive
jurisdiction of the English courts.
Issue Date: 26th April 2010
Terms and Conditions of Myk Baxter Marketing Ltd with Customers
1. The Services
1.1 The Myk Baxter Marketing Ltd marketing Service and Product or Company Feature
including Web Design Service, are owned and operated by Myk Baxter Marketing Ltd and are
hereafter known as the ‘services’.
1.2 Any work provided by Myk Baxter Marketing Ltd such as the building of web pages,
listing or otherwise will be subject to a charge.
1.3 Enhanced and Priority Listings allow you to appear above the Basic listings given
matching search criteria in a list of search results in response to a search made by a
user of the Site(s).
1.4 The Listings shall be eligible for renewal precisely twelve months from the date of
purchase. The ‘date of purchase’ is the commencement date on your first invoice. You will
receive notification of renewal one month prior to your renewal date. If you do not wish
to renew your product you must submit a written notice at least 7 days before the renewal
date.
1.5 On the placing of an order, images and all information required to produce the
necessary work must be provided by the customer. Failure to meet requests to supply this
information will not prejudice the charges and the customer agrees that Myk Baxter
Marketing Ltd is will not be responsible for any delays caused.
1.6 Where the use of a service includes the payment of a commission these commissions will
be charged monthly at the end of each calendar month. The account for these commissions is
to be paid within 14 days.
1.7 Some charges such as commission payments and pay for performance listings may require
tracking. Where this is the case the tracking will be monitored by specialist software.
The customer hereby agrees to the placement of code on their site to make the
implementation of the tracking possible. If the code is subsequently removed Myk Baxter
Marketing Ltd has the right to make assumptions of commission earned and charge
accordingly. If a third party is required to implement the code on the customers site the
third party may make a charge for this service. These charges are the liability of the
customer and not Myk Baxter Marketing Ltd.
1.8 By signing this order or by entering your details in the appropriate fields on the
Site(s) and agreeing to make or making payment on the Site(s), you accept these terms and
conditions in respect of your chosen Service.
1.9 We reserve the right in our sole discretion to add, delete or change some or all of
the Services offered by Myk Baxter Marketing Ltd including all or any aspects of the
Site(s) at any time without notice to you.
1.10 Myk Baxter Marketing Ltd reserves the right to vary its prices without notice to you.
2. Payment
2.1 By signing the Myk Baxter Marketing Ltd order form you are committed to payment in
full on production of the order and accept these terms and conditions in respect of your
chosen service.
2.2 Payments to be made by cheque, electronic transfer or direct debit. Any other form of
payment, such as by credit card, only to be made by prior arrangement.
2.3 If you should at any time fail to make timely payment in full, Myk Baxter Marketing
Ltd is entitled to charge interest on the amounts due with an interest rate of 3% per
annum over the Bank of England base rate.
2.4 Payment Methods
Invoice Payment shall be made no later than seven days from the work going live on the
Internet.
3. Exclusions and Limitations of Liability
3.1 We use our reasonable skill and care in operating the Site(s) and in providing the
Services. Whilst we endeavour to provide an exemplary service, however we make no
representation and exclude any warranty, express or implied, as to the availability,
quality, accuracy, timeliness, completeness, performance or fitness of the Site(s) or the
Services. The Site(s) is provided on an "as is" and "as available" basis and we do not
warrant that you or any users will be able to access the Site(s) at all times or that it
will be absolutely secure, uninterrupted or free from infection and viruses. We will not
be responsible for your failure to provide services as a result of your inclusion on the
Site, for errors that relate to the provision of your services, or for technical problems
that may hinder the efficiency of the Site(s).
3.2 Except in the event of death or personal injury caused by our negligent acts or
omissions, we shall not be liable in any way for any damages arising in contract, tort or
otherwise in respect of loss or damage arising out of or in connection with this contract
or operation of, or your use of the Site(s) and/or the Services. In no event will we be
liable for any direct, indirect or consequential damages in contract or tort, including
loss of profit, loss or damage to property or relating to claims made by third parties.
You should not take any step or act based on your ownership of the domain name until you
have received legal confirmation from the relevant registry body that you are the
registered owner of that domain name.
3.3 We give no assurances as to the online positioning and prominence of the Site(s)
within an individual Internet portal site or any such third party sites.
3.4 Myk Baxter Marketing Ltd does not guarantee that it will be able to secure IP
addresses, IP ranges or domain names on your behalf and acceptance by Myk Baxter Marketing
Ltd of your order form shall not give rise to any such warranty in respect of the details
appearing on the order form. Myk Baxter Marketing Ltd is not notified as to whether or not
attempts to secure addresses, ranges or domain names have been successful and it is your
responsibility to establish whether or not they have been so secured. No warranty is given
that once secured you will be permitted to retain such addresses, ranges or domain names.
3.5 If Myk Baxter Marketing Ltd is unable to register the domain name you want, Myk Baxter
Marketing Ltd will seek to secure an alternative name of your choosing. If the alternative
name cannot be secured, Myk Baxter Marketing Ltd will, upon receipt of your written
request, repay to you all charges payable by you as relate to registration of the domain
name. No repayment will be given in circumstances where the domain name is registered and
is subsequently removed for any reason beyond Myk Baxter Marketing's control.
3.6 If another customer offering similar services to you has already registered an
Enhanced or Priority Listing prior to your registration, Myk Baxter Marketing Ltd can
guarantee only that your entry will appear above the Basic Listings, which appear on the
Site(s). 4. Indemnity
4.1 You hereby agree to indemnify, defend and hold us harmless for all liability, claims,
damages and costs, including reasonable legal fees, arising out of or in connection with a
breach of your obligations, representations and warranties in respect of information
provided by you in connection with the Services as provided in this Agreement. 5. Term and
Termination
5.1 The products are provided for an initial period of 12 months from the commencement
date on your invoice. Upon renewal this agreement will continue for an additional 12
months period. If you cancel any of the Services other than at the end of a 12-month
period, Myk Baxter Marketing Ltd will not refund any payments made in respect of the
remainder of the period. You may, by at least 30 days advance notice to Myk Baxter
Marketing Ltd choose not to renew this agreement upon the 12 month renewal date. You may
otherwise only terminate this agreement in accordance with clause 5.2
5.2 Myk Baxter Marketing Ltd may terminate this agreement with you immediately and at any
time without notice but, if you demonstrate that Myk Baxter Marketing Ltd has terminated
without any breach by you of your obligations, Myk Baxter Marketing Ltd will refund to you
a sum representing the part of the Services attributable to the un-expired period to the
next renewal date of your contract. In addition, Myk Baxter Marketing Ltd may, by at least
30 days notice to you in advance, choose not to renew this agreement at an anniversary. 6.
Governing Law and Jurisdiction
6.1 These terms shall be governed by and interpreted in accordance with English law,
including English Conflict of Laws.
6.2 The parties irrevocably agree that the courts of England shall (subject to the
paragraph below) have exclusive jurisdiction to settle any dispute, which may arise out
of, under, or in connection with these terms and conditions.
6.3 For our exclusive benefit, we shall retain the right to bring proceedings as to the
substance of the matter in the courts of the country of your residence or, where these
terms are entered into in the course of your trade or profession, the country of your
principal place of business.