These Terms and Conditions are the standard terms that apply to all businesses purchasing either a Premium or paid subscription to our business directory from us, Swann Media Group Ltd, a company registered in England and Wales under number 09874034, whose registered address is 2 Windmill Drive, Burgess Hill, West Sussex, England, RH15 8JW trading as Welcome To Sussex (“we/us/our”).
These Terms and Conditions apply to businesses only and are not intended for consumers, as defined in the Consumer Rights Act 2015. If you are a consumer, please contact us for our alternative terms and conditions.
1. Definitions and Interpretation
1.1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Account” means the information and credentials used by you to create an account on the Website;
“Contract” means the legally binding contract formed in accordance with clause 2, which includes these Terms and Conditions;
“Website” means www.welcometosussex.com and any sub-domains of this site unless expressly excluded by their own terms; and
“You/Your” means the business, firm or corporate body purchasing the subscription to our business directory. If any individual purchases the subscription on behalf of a business, that person confirms they have the authority to contractually bind and enter into the Contract on behalf of the business.
1.2. The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
1.3. Words imparting the singular shall include the plural and vice-versa.
1.4. Any reference to “writing” and “written” includes electronic communications such as email.
2. The Contract
2.1. In order to become an approved supplier in our business directory, please upload your content directly to our Website. You will be required to submit certain credentials to us and the Website will guide you through this process. Once your details are uploaded, you will be entering a legally binding Contract be formed, which will include these Terms and Conditions.
2.2. You represent and warrant that all information you submit to us, and all information contained in your Account, is accurate, truthful and will be kept up-to-date.
2.3. We reserve the right to remove any content that has been uploaded at our sole discretion.
3. Price and Payment
3.1. The price payable for the premium subscription is as stated on our Website. Payment must be made before access to the benefits will become available to you. You will be asked to complete your details and make payment via the Website. Once payment is received, the paid benefits will become accessible to you for the 30 day term and will continue to roll on a 30 day rolling day basis, unless terminated in accordance with these Terms and Conditions.
3.2. All payments made via the Website will go through an online payment gateway provider, such as PayPal or Stripe. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to this payment gateway provider’s terms and conditions. A separate contractual relationship is created between you and the payment gateway provider and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by this third party.
3.3. We may from time to time change our prices. Changes in price will not affect any subscriptions that you have already purchased but will apply to any subsequent subscription renewals or new subscriptions.
3.4. All prices include VAT, where applicable. If the rate of VAT changes between your order being placed and us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
4. Use of the Website
4.1. Sharing of Accounts is not permitted unless we expressly authorise this in writing. You are required to keep your Account details confidential and must not reveal your username and password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser. We also recommend the password you choose is strong and secure and is changed regularly.
4.2. When using our Website, creating an Account or publishing information, you must not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, vulgar, obscene, threatening, harassing, defamatory or discriminatory. Any failure to comply with this clause could result in the suspension and/or deletion of your Account. Further information and restrictions on the use of our Website is detailed in the policies available on the Website.
4.3. We cannot guarantee any business, opportunities or success from subscribing to our business directory.
4.4. In some circumstances, we may need to suspend access to the Website (in full or in part) to fix technical problems, to make necessary changes, to update the content to comply with relevant changes in the law or other regulatory requirements, or to make more significant changes to the Website. We do not warrant that your use of our Website will be uninterrupted or error-free; nor that our Website, and/or the information obtained by you from the Website will meet your requirements.
5. Your Obligations
5.1. Any advertisements you upload to the Website, whether in the business directory or otherwise, are your responsibility. We have no involvement in their creation and are not responsible for checking their accuracy. Advertisements placed on our Website are for information only and shall not be binding on us. It is your sole responsibility to make contact and provide your goods and services directly to any customers and potential customers that contact you via our Website. If you decide to work with a customer directed to you via our Website, a separate contractual relationship will be formed between you and the customer and we cannot be held responsible for their actions or lack of actions. It is your responsibility to ensure you comply with all legislation as it applies to your business including, but not limited to, any obligations imposed by the Consumer Rights Act 2015 if the customer is a consumer.
5.2. We will advertise events and trade stands within the paid content area of the Website. Bookings are to be made through a third party site, such as Eventbrite, as detailed on the event page. We accept no responsibility for the actions or inactions of this third party.
5.3. You may display your company literature and logos on our Website as part of the paid content. These are to be provided by you and we will upload them exactly as we receive them (subject to our right to reject them for any reason), therefore we cannot be held liable for any mistakes or misrepresentations within them.
5.4. You own and are responsible for all data you input to the Website. You are responsible for backing up all such data, and we will not be liable for any loss, destruction, alteration or disclosure of your data to the extent permissible by law.
5.5. We may display further third party advertising on our Website, and reserve the right to display these on the same page as your advertisement(s), which may be in direct competition with your business.
5.6. If we receive any complaints concerning the goods or services provided by you, we will forward these to you for you to resolve within a maximum of 48 hours. Recurrent complaints may result in this Agreement being terminated in accordance with clause 6 and in this event, you will be immediately removed from the Website.
6.1. Either party has the right to terminate the Contract immediately at any time, if the other:
6.1.1. has committed a material breach of the Contract, unless such breach is capable of remedy, in which case the right to terminate immediately will be exercisable if the other party has failed to remedy the breach within 14 days after a written notice to do so; or
6.1.2. goes into bankruptcy or liquidation either voluntary or compulsory (except for the purposes of bona fide corporate reconstruction or amalgamation), becomes subject to an administration order (within the meaning of the Insolvency Act 1986), if a receiver is appointed in respect of the whole or any part of its assets, or if the other party ceases, or threatens to cease, to carry on business.
6.2. We may terminate the Contract immediately at any time if we receive complaints from members or customers about you or the goods or services provided by you.
6.3. In the event of termination for any reason, you will not be entitled to any refund, your Account will be terminated and your details will be removed from the business directory. You must immediately remove any reference relating to an affiliation with our Website from your website and promotional materials.
6.4. Should you wish to be added to the business directory at any time after termination then you will be required to sign up and lose any previous offers or free accounts.
7. Intellectual Property Rights
7.1. All content on the Website including, but not limited to, text, graphics, logos, icons, sound and video clips, data, page layout, underlying code and software is our property or that of our contributors. By using the Website you acknowledge that such content is protected by applicable intellectual property laws.
7.2. By making an application to become an approved supplier, you authorise us to use your company name, logo and any other intellectual property you submit, for the duration of the Contract. You warrant that any such information you submit will not cause us to infringe the intellectual property rights of any third party and you agree to indemnify us for any loss that we incur as a result of our use of such information.
8.1. Nothing in these Terms and Conditions seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
8.2. Subject to clause 8.1, we will not be liable for any loss of profit, loss of business, loss of business opportunity or any indirect or consequential loss, damage, costs, expenses or other claims (whether caused by us, our employees, agents or otherwise) in connection with the performance of our obligations under the Contract.
8.3. All warranties or conditions whether express or implied are expressly excluded to the full extent permitted by law.
8.4. In the event of a breach by us of our express obligations under these Terms and Conditions, your remedies will be limited to damages, which in any event, shall not exceed the fees and expenses paid by you for the subscription under the Contract.
8.5. We may recommend other businesses and service providers to you. Please note we may receive commission for such recommendations. However, we do not endorse such businesses and service providers and the ultimate decision regarding their suitability rests with you.
Each Party undertakes that throughout the duration of the Contract, the Parties may disclose certain confidential information to each other. Both Parties agree that they will not use the confidential information provided by the other, other than to perform their obligations under this Contract. Each Party will maintain the confidential information’s confidentiality and will not disseminate it to any third party, unless so authorised by the other Party in writing.
10.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirements that such communication be in writing. This does not affect your statutory rights.
10.2. Notices will be deemed to have been duly received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three working days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed to the address provided, stamped and placed in the post and in the case of an email, that the email was sent to the specified email address of the addressee.
11. Privacy and Data Protection
11.1. Both parties agree to comply with all applicable data protection legislation, including, but not limited to, the General Data Protection Regulation 2016, and any subsequent amendments to it.
11.2. In particular, in relation to members and customers of ours, you must:
11.2.1. not use any member or customer’s personal data in any way other than to provide your goods and/or services;
11.2.2. update and/or delete all personal data immediately on request, whether by us or the member or customer, to the extent permitted by law;
11.2.3. not leave any personal data unattended, on view, or in any way accessible by a third party;
11.2.4. store data in a secure manner;
11.2.5. ensure your emails and other technologies are encrypted and are used in accordance with good practice in cybersecurity; and
11.2.6. otherwise handle all personal data with due care.
12. Events Outside Our Control (Force Majeure)
Neither party will be liable for any failure or delay in performing any of their obligations under the Contract if that failure or delay is caused by any event beyond that party’s reasonable control. This includes, but is not limited to: power failure, internet service provider failure, industrial action, fire, flood, storms, earthquakes, acts of terrorism or war, governmental action or any other event beyond that party’s reasonable control.
13. Assignment and Sub-Contracting
13.1. You may not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under this Contract.
13.2. We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under this Contract, without obtaining your prior consent. If we sub-contract the performance of any of our obligations, we will be responsible for every act or omission of the sub-contractor as if it were an act or omission of our own.
14. Other Important Terms
14.1. Nothing in this Contract will render or be deemed to render us an employee or agent of yours or you an employee or agent of ours.
14.2. The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
14.3. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions will be valid and enforceable.
14.4. No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
14.5. We may revise these Terms and Conditions from time to time. If we change these Terms and Conditions as they relate to the Contract between you and us, we will give you advance notice of the changes and provide details of how you may cancel if you are not happy with them.
15. Law and Jurisdiction
15.1. These Terms & Conditions and the Contract (including any non-contractual matters and obligations arising from them or associated with them) will be governed by and construed in accordance with the laws of England & Wales.
15.2. Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions or the Contract (including any non-contractual matters and obligations arising from them or associated with them) will fall within the jurisdiction of the courts of England and Wales.