SCOTTISH CARE COMMERCIAL
ADVERTISER TERMS & CONDITIONS
ABOUT US & THIS WEBSITE
The website referred to in these terms and conditions is owned and operated by S C Commerce Limited trading as Scottish Care Commercial, a company registered in Scotland, Company No: SC308418, VAT Registration No: 898 299 729 [“Scottish Care Commercial”]. We provide this website to subscribing care home owners and agents to display care homes they are marketing. We are not care home owners or estate agents ourselves.
Customer Services & Registered Office:
S C Commerce Limited trading as Scottish Care Commercial
54a Holmston Road
Ayr
KA7 3BE
Tel: 01292 270240
info@scottishcare.org
ADVERTISER TERMS & CONDITIONS
IMPORTANT NOTICE: BY CLICKING ON THE “ACCEPT” BUTTON YOU ARE ACCEPTING AND ARE LEGALLY BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
TERMS & CONDITIONS
These terms, together with any other terms of use, terms & conditions and legal notices we publish on this Site, hereinafter defined, form part of an agreement between you, the advertiser otherwise referred in this agreement as “you” and “your”, and ourselves, Scottish Care Commercial, otherwise referred to in this agreement as “we”, “us” and “our” and set out the conditions under which you may access the Services available on this Site (the "Terms"). By accessing or using the Services on the Site you have indicated to us that you both understand and agree to be bound by these Terms.
1. Definitions
"Advertisement" means any care home listing, banner, button, mini-banner, micro-site, pop-up, display ad, sponsorship, or any other advertising format that we may run on the site from time to time
"Agreement" means these Terms and any additional terms or conditions made between you and us.
The "Services" means the service provided by us of placing care home advertisements on the Site.
The "Site" means the website currently known as Scottish Care Commercial.
The “Terms” means the terms and conditions, defined herein, which set out the conditions under which you may access the Services available on this Site.
The "Users" means any person applying or responding to the care home advertisement listed on the Site.
2. Terms
Any other terms within the Site which relate to the use of the Site form part of the Terms of this agreement . We reserve the right to change the Terms at any time and to notify you by publication on the Site. It shall be your responsibility to check the Terms regularly and if you do not agree to any changes you should stop using the Services immediately. If the Terms are changed during the duration of any particular agreement for advertising, the advertising rate in force at the time the advertisement is accepted will continue to apply until the end of the agreed period of display, after which the new rates shall apply.
3. General
3.1 This Site is intended for UK distribution only.
3.2 The Services are normally provided on an eight week basis with fees payable in advance.
3.3 We reserve the right to apply administration and reactivation charges for late payments.
3.4 We will maintain a credit limit and credit terms with each customer (Outlined via phone, fax, email or face-to-face meetings). The final decision of credit limit and credit terms lies with us. Payment from you needs to be made in time as set out on the invoice.
3.5 We reserve the right to suspend the credit terms and credit limit based on non-payment and consistent late payments. You will be informed of this via email as to when suspension will come into force if payment is not received by our declared date. You will receive no more correspondence on the issue and suspension of credit terms and credit limit will automatically set in. Advertisement listings will thus not be continued until payment is received in full for all previous transactions up to and including the last invoice (which due to suspension will be due immediately).
3.6 We reserve the right to suspend or cancel any account at our sole discretion.
3.7 You are required to keep the contact details that you provided to us up to date. We may send notices or other information to you at the address you gave us. We will not pass these details to other companies.
3.8 We will use our reasonable endeavours to maintain the Services. You will not be eligible for any compensation because you cannot use the Services or because of a failure, suspension or withdrawal of all or part of the Services. We may change the Services at any time.
3.9 You understand that there are times when our server may crash or need to be upgraded. As such there will be times of service downtime and thus you will not be able to use the service. You will not be eligible for any compensation in such circumstances. We will use our reasonable endeavours to maintain your services at all times.
3.10 We are not responsible for any use you make of the Services, for any charges that you incur with any third party. You indemnify us against the effects of any misuse or any claims resulting from that misuse.
3.11 You will keep your user names and passwords secret and will not disclose them to third parties for any purpose. You will notify us and change any password which you believe may have been compromised.
3.12 We reserve the right to take legal action to recover any debts.
3.13 Refunds will be given at our discretion. Any claim for a refund must be made within 14 days.
4. Obligations of Scottish Care Commercial
4.1 We agree to use our reasonable endeavours to enable Users the facility of viewing the Advertisements of the advertisers on the Site.
5. Your Obligations as the Advertiser
5.1 You undertake and agree that:
5.1.1 You are over eighteen years of age and the details provided by you to register yourself and any Advertisement are correct and complete;
5.1.2 You undertake to comply with the Data Protection Act 1998 or relevant legislation when dealing with the information from Users or us and will keep any such information confidential;
5.1.3 The media space provided to you within the Site is for your own use only and under no circumstances will you resell it to a third party.
5.2 You warrant that:
5.2.1 the content of any Advertisement you place with us is accurate, legal, honest and truthful and not defamatory or discriminatory and complies with the British Code of Advertising Practice, as amended and updated from time to time or equivalent document governing advertising practice in the UK or Scotland, as the jurisdiction may be, all other relevant codes of conduct and all current legislation;
5.2.2 you have full authority to place the Advertisement with us;
5.2.3 the contents of the Advertisement if reproduced on the Site will not breach any contract or infringe any copyright or other third party intellectual property right or make us liable to any legal proceedings.
6. Advertisements
6.1 We may at our discretion refuse, suspend, change the date or position of publication or edit any Advertisement for any reason, including without limitation:
6.1.1 to comply with the legal or moral obligations of either party;
6.1.2 to avoid infringing third-party rights;
6.1.3 to comply with regulatory codes of practice, including the British Code of Advertising Practice;
6.1.4 to respond to complaints;
6.1.5 to correct errors or technical inaccuracies;
6.1.6 to resolve shortage of space or technical restrictions
6.2 In the case of advertisements appearing as care home listings, each listing is for one care home only and in one location only.
6.3 You may delete the Advertisement from the Site so that it may be no longer viewed by Users before the Advertisement has completed its Term but you will not be entitled to a refund for the time it is not displayed on the Site.
7. Liability
7.1 We shall not be liable for the reproduction of any error, misprint or omission in the material you supply to us. If we have caused any error, misprint or omission in the appearing on the Site, we shall use our reasonable efforts to correct it and either make such refund as may be proportionate and reasonable, or re-insert the Advertisement. No refund or re-insertion will be offered if in our reasonable opinion the error, misprint or omission does not materially detract from the Advertisement. It is your responsibility to check the Advertisement on its first appearance and we shall not be required to check it nor shall we be liable for the period during which you have failed to bring any error, misprint or omission to our attention.
7.2 Subject to the provisions of this Agreement, we shall not be liable to you :
7.2.1 for the non-availability of the Site to users in whole or in part for any reason;
7.2.2 in contract, delict (including negligence), statutory duty or otherwise arising out of or in connection with this Agreement for:
7.2.2.1 indirect, consequential or special loss or damage;
7.2.2.2 any loss of goodwill or reputation;
7.2.2.3 any economic losses (including loss of revenues, profits, business or anticipated savings) and
7.2.2.4 in each case whether notified of the possibility of such loss or damage or not.
7.3 Subject to the provisions of this Agreement, our total liability in any event in contract, delict (including negligence) statutory duty or otherwise arising out of or in connection with this Agreement in respect of each event or series of connected events shall not exceed the payment you make for the relevant Advertisement.
7.4 Nothing in this Agreement shall operate to exclude or restrict any liability either party may have for fraud, or death or personal injury arising from that party's negligence.
7.5 The Site is provided by us without warranty or guarantee except those expressly contained in these Terms or implied by law. You must bear the risks associated with the use of the Internet. We do not give any warranty that the Site or any connected website is free from computer viruses, cookies or any other malicious or impairing computer programmes and/or that the Site will operate uninterrupted and problem free.
7.6 We do not verify or guarantee any User's details whether forwarded directly to you via the Site or otherwise. You will indemnify and keep us fully indemnified against all claims, regulatory complaints, costs, proceedings, demands, losses, damages, expenses or liabilities whatsoever arising out of or in connection with your breach of these Terms.
8. Intellectual Property
8.1 The content of the Site is protected by copyright, trademark, database and other intellectual property rights. You may retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without our prior written permission.
8.2 No licence is granted to you to use any of our trademarks.
8.3 You license us to reproduce the contents of the Advertisement on the Site, including all necessary copyright, trade marks and other branding features, and warrant you have received all necessary consents from individuals and rights holders in the images, text and other content you display in the Advertisement on the Site.
9. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the law of Scotland. The parties hereby prorogate the non-exclusive jurisdictions of the Scottish Courts.
10. Miscellaneous
10.1 You may not assign, sub-licence or otherwise transfer any of your rights under these Terms.
10.2 If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms which remain in full force and effect.
10.3 The failure or delay of either party to require performance of any obligation or to exercise any right or remedy under this Agreement will not affect its right to require performance or to exercise the right or remedy at a later date.
