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TERMS OF USE
PLEASE READ THESE
TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION
ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING
WWW.TOTALCARMAGAZINES.CO.UK ("this Site"). YOUR ATTENTION
IS DRAWN IN PARTICULAR TO CLAUSE 6 (WARRANTY) AND CLAUSE 7 (LIABILITY).
INTRODUCTION
1.1 "We" are Pathfoot Limited (company number SC286377) and our
address is Suite 2 Ochil House, Owen Square, Livingston, EH54 6QF.
We can also be contacted at admin@pathfoot.co.uk. Our VAT number is
[GB 865 4564 89].
1.2 These terms and conditions are deemed to include our privacy policy
and are collectively known as "these Terms".
1.3 When you use this Site, you agree to be bound by these terms and
conditions. If you do not agree to be bound by these Terms, you may
not use this Site.
1.4 Certain uses of this Site are prohibited and amount to a misuse
of our systems and the Site. Please refer to clause 3.
1.5 You may print and keep a copy of these Terms. They are a legal agreement
between us and can only be modified with our consent. We may change
these Terms at our discretion by changing them on the Site. The then
current version of these Terms will apply whenever you use this Site.
INTELLECTUAL PROPERTY
2.1 The copyright and all other intellectual property rights in this
Site (including all database rights, trade marks, service marks, trading
names, text, graphics, code, files and links) belong to us or our licensor(s).
Subject to clause 3, you may download material from this Site for the
sole purpose of using this Site. However, you must not copy, transmit,
modify, republish, store (in whole or in part), frame, pass-off or link
to any material or information on or downloaded from this Site without
our prior written consent.
2.2 Without limitation to clause 2.1, the device and are our registered
trademark. You may not use or copy it without our prior written consent.
2.3 This Site contains links to websites operated by third parties.
We have no control over their individual content. We therefore make
no warranties or representations as to the accuracy or completeness
of any of the information appearing in relation to any linked websites.
The links are for your convenience only. We do not recommend any products
or services advertised on those websites. If you decide to access any
third party website linked from this Site, you do so at your own risk.
2.4 The details of the properties available on this Site are provided
to us by our affiliated estate agents for your information only. We
cannot verify these details and therefore make no warranties or representations
as to their accuracy or completeness. If you rely on these details,
you do so at your own risk.
YOUR OBLIGATIONS AND CONDUCT
3.1 You accept that you are solely responsible for ensuring that your
computer system meets all relevant technical specification necessary
to use this Site and that your computer system is compatible with this
Site.
3.2 You must not misuse our system or this Site. In particular, you
must not hack into, circumvent security or otherwise disrupt the operation
of our system and this Site, or attempt to carry out any of the foregoing.
3.3 You must not use or attempt to use any automated program (including,
without limitation, any spider or other web crawler) to access our system
or this Site, or to search, display or obtain links to any part of this
Site, other than the home page at www.thehomeseeker.co.uk unless the
automated program identifies itself uniquely in the User Agent field
and is fully compliant with the Robots Exclusion Protocol (a "Permitted
Program"). Any such use or attempted use of an automated program
(other than a Permitted Program) shall be a misuse of our system and
this Site. Obtaining access to any part of our system or this Site by
means of any such automated programs (other than a Permitted Program)
is strictly unauthorised.
3.4 You must not include links to this Site in any other website without
our prior written consent. In particular (but without limiting the foregoing)
you must not include in any other website any "deep link"
to any page on this Site other than the home page at www.thehomeseeker.co.uk
without our prior written consent.
REGISTRATION
4.1 To receive details of properties on this Site, you must submit a
completed registration form to us. At our discretion, we may refuse
your application for registration. If we accept your application for
registration, we will confirm this by sending you an email containing
your account ID.
4.2 Each registration is for a single user only. You may not share your
username and password with any other person nor with multiple users
on a network.
4.3 You undertake that all information provided by you for the purposes
of registering with us is accurate and complete.
4.4 You accept sole responsibility for all use of and for keeping secret
any account ID and password that may have been given to you or chosen
by you for use on this Site. You will notify us immediately of any unauthorised
use of them or any other breach of security of this Site of which you
become aware.
BARRING FROM THE SITE
5.1 We reserve the right to bar users from this Site, on a permanent
or temporary basis at our sole discretion. Any such user shall be notified
and must not then attempt to use this Site under any other name or through
any other user.
WARRANTY
6.1 Whilst we endeavour to ensure that any material available for downloading
from this Site is not contaminated in any way, we do not warrant that
such material will be free from infection, viruses and/or similar code.
6.2 Due to the nature of software and the internet, we do not warrant
that your access to, or the running of, this Site will be uninterrupted
or error free. We shall not be liable if we cannot process your details
due to circumstances beyond our reasonable control.
6.3 The information provided on this Site is for general interest only
and does not constitute specific advice. Whilst we endeavour to ensure
that the information on the Site is accurate, complete and up-to-date
we make no warranties or representations that this is the case.
6.4 We make no warranty or guarantee that the Site or information available
over it complies with laws other than those of Scotland.
LIABILITY
7.1 Nothing in these Terms will be deemed to exclude our liability to
you for death or personal injury arising from our negligence, or for
fraudulent misrepresentation.
7.2 Subject to clause
7.1, we will not be liable for any failures due to software or Internet
errors or unavailability, or any other circumstances beyond our reasonable
control.
7.3 Subject to clause 7.1, we do not accept any liability for loss of
your password or account ID caused by a breakdown, error, loss of power
or otherwise caused by or to your computer system.
7.4 We may put in place such systems as we from time to time see fit
to prevent automated programs being used to obtain unauthorised access
to our system and this Site. You are not permitted to use automated
programs for such purposes and any such use or attempted use by you
of such automated programs is at your own risk. Subject to clause 7.1,
we shall not be liable to you for any consequences arising out of or
in connection with any such use or attempted use of automated programs
to obtain unauthorised access to our system or this Site.
7.5 Subject to clause 7.1, we accept no liability for any loss suffered
as a result of your use of this Site or reliance on any information
provided on it and exclude such liability to the fullest extent permitted
by law.
7.6 Subject to clauses 7.1 to 7.4 inclusive, we shall not be liable
to you for:
7.6.1 any indirect, consequential, special or punitive loss, damage,
costs and expenses;
7.6.2 loss of profit;
7.6.3 loss of business;
7.6.4 loss of reputation;
7.6.5 depletion of goodwill; or
7.6.6 loss of, damage to or corruption of data.
7.7 When you use the "contact forms" on this Site to enquire
about property, your details (including your email address) will be
sent by email directly to the agent or developer marketing the property
or properties that you are enquiring about. We do not accept any liability
for any subsequent communications that you receive directly from that
estate agent or developer.
LEGAL JURISDICTION
8.1 Scottish law shall apply to these Terms. You irrEvolutioncably agree that
the courts of Scotland will have exclusive jurisdiction to settle any
dispute which may arise out of, under, or in connection with these Terms
and for those purposes irrEvolutioncably submit all disputes to the exclusive
jurisdiction of the Scottish courts.
NOTICES
9.1 All notices shall be given:
9.1.1 to us, by email to admin@pathfoot.co.uk or by post to Pathfoot
Limited. Our address is Suite 2 Ochil House, Owen Square, Livingston,
EH54 6QF. 9.1.2 to you, by email to the email address that you provide
to us at the point of your registration, as may be amended by you on
the Personal Details section of this Site from time to time.
9.2 All notices sent by email will be deemed to have been received on
receipt (or, when received on a UK national holiday or on a Saturday
or a Sunday, the next working day following the day of receipt). All
notice sent by post will be deemed to have been received 3 working days
after the date of posting.
CUSTOMER FEEDBACK
10.1 We operate a system to ensure that all customer feedback is dealt
with fairly and consistently, and is properly recorded. We welcome any
suggestions that you make about how we may improve our service. Please
write to us at Customer Services, Pathfoot Limited, Suite 2 Ochil
House, Owen Square, Livingston, EH54 6QF. or e-mail us at admin@pathfoot.co.uk.
We aim to acknowledge all customer feedback. GENERAL
11.1 We may from to time to time change the content of this Site or
suspend or discontinue any aspect of this Site, which may include your
access to it. Subject to our notifying you to the contrary, any amendments
or new content to this Site will be subject to these Terms.
11.2 These Terms are the whole agreement between you and us. You acknowledge
that you have not entered into this agreement in reliance on any warranty
or representation made by us (unless made fraudulently). If a court
decides that any part of these Terms cannot be enforced, that particular
part of these Terms will not apply, but the rest of these Terms will.
A waiver by a party of a breach of any provision shall not be deemed
a continuing waiver or a waiver of any subsequent breach of the same
or any other provisions. Failure or delay in exercising any right under
these Terms shall not prevent the exercise of that or any other right.
You may not assign or transfer any benefit, interest or obligation under
these Terms. The provisions of the Contracts (Rights of Third Parties)
Act 1999 shall not apply to these Terms.
TERMS
OF ADVERTISING
1.
Establishment of contract: A booking is considered to have been agreed
when the sales department's order form has been received, signed and
dated from the advertiser or purchase order form has been received from
the advertiser / agency. A confirmed booking shall also be made if advert
copy is submitted, even if no signed booking has been sent. Email and
written communication where the advertisement is referred to will also
constitute a confirmed booking. We reserve the right to refuse to insert
any advertisement even though accepted and paid for, and to make any
alterations we deem necessary to maintain our standards. The advertiser
will indemnify the proprietors and the printers against any damages
they may sustain in consequence of publication of his/her announcement.
2. ONLY where advertisement copy instructions are received no later
than the appropriate copy date, an email pdf proof or fax copy proof
will be supplied to the advertiser. Advertisers are reminded that the
purpose of a proof is to check that the publisher has designed the advertisement
according to instructions. For artwork supplied direct from the client
/ agency, a proof is supplied prior to publication purely to ascertain
that the correct copy is received and being used. Where a proof has
been supplied and agreed prior to publication, no credit will be considered
in respect of errors.
3. Our published rates for space bookings are based on the assumption
that the advertiser will supply completed, finished artwork or artwork
on disc. The publishers offer a basic production service to prepare
advertisements for those customers without access to such facilities.
Repeat or lengthy work may require a surcharge.
4. Every care is taken to avoid mistakes but the publishers shall not
be liable for any omission or inaccuracy in published advertisements
or for the failure of an advertisement to appear for any reason whatsoever.
Advertiser's property, artwork etc are held at owner's risk and should
be insured by them against loss or damage from whatever cause. Pathfoot
Limited do not assume responsibility for the loss of artwork or photographs
supplied.
5. Advertisements which do not conform to the Trade Descriptions Act,
1968, the Sex Discrimination Act, 1975, the Business Advertisements
(Disclosure) Order, 1977 and other relevant legislation will be refused.
6. Participation in advertisement features and supplements does not
imply any editorial coverage.
7. Print run may be subject to change at our discretion at any
time dependant on time of year or advertising levels. This does
not affect the number of distribution points.
8. Adverts accepted on credit are due for payment within 28 days of
the date of invoice unless otherwise agreed. Prepayment is strictly
required from classified advertisers and non-credit account customers.
The existence of a query on an individual item shall not affect payment
of the balance of the account being made within the terms.
9. We reserve the right to apply interest on overdue accounts and charge
for costs incurred in respect of dishonoured cheques.
10. Advertising Agency commission is paid at the discretion of the publisher
dependant on the agency making the initial contact and implementing
a booking. If a booking is made direct with the agency's client without
us having been informed of any agency involvement, no agency commission
will be applicable. Where agreement has been reached it is on the understanding
that the Agency has accepted these conditions. We reserve the right
to withhold commission where agencies persistently breach payment terms.
11. 1 voucher copy is supplied as standard for display advertisements.?
Further copies must be requested separately.
12. The copyright for all purposes in all artwork, copy and other material
which the publisher or his employees have originated, contributed to
or reworked shall vest in the publisher. The publisher is hereby authorised
to record, reproduce, publish, distribute and broadcast (or to permit
the same) all supplied advertisement (including but not limited to text,
artwork and photographs) and to include and make them available in any
information service, electronic or otherwise.
13. In the event of copy not being supplied on time, the proprietors
reserve the right to repeat any previous advertisement without further
reference and at the same insertion charge, to compose an advertisement
on behalf of the advertiser using what information is available to us,
or go to press without the advertisement, for which a full charge will
be made in the same manner as for a late cancellation.
14. Advertisement rates are subject to immediate revision at any time.
Any price increases will not affect the current booking schedule.
15. Cancellations are only acceptable if received in writing to Pathfoot
Limited,
Suite 2 Ochil
House, Owen Square, Livingston, EH54 6QF. no later
than seven days before the copy date of the appropriate issue. Our cancellation
charges are as follows, less than one week (7 days) prior to booking
deadline -full insertion rate; one to four weeks - 50% of insertion
charge; more than four weeks - 10% of insertion charge. Cancellation
of series bookings will incur a retrospective charge on insertions already
published.
16. The placing of an order for the insertion of an advertisement shall
amount to an acceptance of the above conditions and any conditions stipulated
on an agency's order form or elsewhere by an agency or an advertiser
shall be void insofar as they are in conflict with them.
17. Our terms and conditions are subject to change at any time.
PRIVACY
POLICY
Who
we are
'We' are Pathfoot Limited,
Suite 2 Ochil
House, Owen Square, Livingston, EH54 6QF. Company Registration Number: SC286377. We are registered under
the Data Protection Act 1998, number xxxxxx. We provide this website
to subscribing estate agents, rental management companies and new homes
developers to display properties they are marketing. We are not estate
agents ourselves.
Introduction
We are committed to protecting your privacy. This policy explains how
and for what purposes we use the information collected about you via
www.totalcarmagazines.co.uk
(referred to below as "this Site"). Please read this privacy
policy carefully. By using this Site and any services we offer via this
Site, you are agreeing to be bound by this policy in respect of the
information collected about you via this Site.
If you have any queries or comments about the policy or our use of your
personal information, please get in touch with us by emailing us at
admin@pathfoot.co.uk
or writing to The Privacy Manager at Pathfoot Limited,
Suite 2 Ochil
House, Owen Square, Livingston, EH54 6QF..
In
general, we use the information we collect about you to:
-
help
our members provide more personalised services to you
-
provide
information services to relevant third parties
-
improve
the features and services we offer
-
support
our own marketing and promotion efforts.
Personal
information collected
When you visit, register or use the services on this Site, you may be
asked to provide certain information about yourself, including your
name and your contact details. We may also collect information about
your use of this Site as well as information about you from the emails
or letters sent to you. Finally, we may collect information about your
property and the type of property you wish to purchase.
Information
collection and use
Your information will enable us to provide you with access to all parts
of this Site and to supply the services and features that you have requested.
We may aggregate the information to identify patterns which we can use
in our marketing and to help us develop, administer, support and improve
our services and features.
In particular, we may use your information to contact you for your views
on our services and to notify you occasionally about important changes
or developments to this Site or our services. Further, where you have
consented, we might also use your information to email you with details
about any other products or services which we offer which may be of
interest to you. If you change your mind about being contacted in the
future, please email us at admin@pathfoot.co.uk
and tell us.
The following features, by their nature, require and make use of personally
identifiable information.
Sending
emails
The information that you complete on the 'contact agent' forms on this
Site is recorded by us and is sent to the agent that you wish to contact.
This helps them provide you with a more personalised service. We also
send the agent details of your last search to help them find property
that matches your requirements more closely.
Registering
with us
If you register with us, we save the details you provide and use them
to enable us to personalise the service we offer to you. You can update
'your details' at any time via the site. When you are signed in, we
automatically pre-fill your saved details on the "contact agent"
forms should you wish to use this element of the service we offer to
you.
Using
the 'email updates'
If you register with us and use the 'your email updates' feature to
receive notification when new properties matching your criteria are
added to this Site, we record the settings you use and which properties
have been sent to you. We do not make any information about any property
that has been sent to you available to our member agents or third parties.
If you are signed in when you send an email to an estate agent, we include
your settings to help the estate agent to provide more personalised
services to you.
Who
has access to the information you provide or we collect
We retain access to all personal information that we have collected
from you.
When our service is available via the websites of our partners, those
partners may have access to your information. Their use of your personal
information is governed by their privacy policies. We are not responsible
for the privacy policies and practices of any other websites, even if
you access them using links from this Site or if you can access this
Site or use our services from them. We therefore recommend that you
check the policy of each site that you visit and make sure that you
are comfortable with the terms of such policies before providing any
personal information.
If you have consented on 'your details' page or the appropriate email
form, we may provide any of the information we collect to carefully
screened third parties to contact you regarding products or services
that we think may be of interest to you. If you change your mind about
being contacted by these third parties in the future, please email us
at admin@pathfoot.co.uk
and tell us.
If
our business enters into a joint venture with or is sold to or merged
with another business entity, your information may be disclosed to our
new business partners or owners.
We
will not otherwise disclose, sell or distribute your information to
any third party without your permission unless we are required to do
so by law.
Access
to, changing or removing the information we hold
Registered users of this Site can update their information, change settings
or cancel their membership on their 'your details' page once signed
in.
Non-registered
and registered users of this Site can request we provide them with a
copy of the personally identifiable information we hold via
admin@pathfoot.co.uk . You may ask us
to make any necessary changes to ensure that such information is accurate
and kept up-to-date. We may charge a small administration fee to cover
the data search, preparation and delivery.
We
subscribe to the mail preference scheme which regulates unsolicited
addressed mail. For more information about the scheme visit 'http://www.dma.org.uk'.
Cookies
and tracking
Like many websites, we use "cookies" to enable us to personalise
your visits to this website, simplify the signing-in procedure, keep
track of your preferences and to track the usage of this website. Cookies
are small pieces of information that are stored in the hard drive of
your computer by your browser. Your browser will have the option to
prevent websites using cookies (your browser's help screen or manual
will tell you how to do this), but please note that this may reduce
the functionality of this Site and other websites.
Like
all websites, our servers automatically record 'log files' containing
information about the volume and characteristics of our website traffic
e.g. IP address, numbers of pages viewed, length of time spent on site.
We use log files to build pictures of how our site is used that help
us to monitor and improve the service. We cannot identify you from your
log files.
Security,
storage and transfer of information
We follow strict security procedures to ensure that your personal information
is not damaged, destroyed, or disclosed to a third party without your
permission and to prevent unauthorised access to it. The computers that
store the information are kept in a secure facility with restricted
physical access and we use secure firewalls and other measures to restrict
electronic access.
All
of the information we collect or record is restricted to our offices.
Only employees who need the information to perform a specific job are
granted access to personally identifiable information. We will explicitly
ask you when we need information to identify you. We may require you
to co-operate with our security checks before we disclose information
to you. You can update the personal information that you give us at
any time by viewing 'your details' page.
Your
information will not be transferred outside of the European Economic
Area.
We will retain your information for a reasonable period or for as long
as is required by law.
Changes
to the policy
We may change this policy from time to time as we add new services or
features or in response to changes in the law or our commercial arrangements.
Any changes to this policy will be posted on this Site. |
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