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The following terms and conditions apply to businesses who subscribe to the Qype Premium Service (as defined below), together with any applicable Qype website terms and conditions and guidelines published on the website from time to time.
In these terms and conditions:
"Advertisement" means the advertisement for your business to be published on the Website "Annual Subscription" means an annual subscription to the Qype Premium Service
"Charge" means the charge for the Subscription, as set out on the Website or as agreed in writing with us
"Business Listing" means the business’ details page, where the business is represented with its detailed information, pictures, reviews, etc.
"Commencement Date" means the date these terms and conditions are accepted by you pursuant to the acceptance link in the Order confirmation email
"Content" means the Advertisement and any other information you provide to us in connection with your business (such as contact details) to be published on the Website
"Guidelines" means such guidelines relating to the content and/or format of the Advertisement as we may publish on the Website or otherwise notify to you from time to time, including the Website terms and conditions of use and Qype’s community guidelines relating to user generated content at http://www.qype.co.uk/kodex
"Initial Subscription Term" means, for an Annual Subscription, the period of one calendar year, for a Six-Monthly Subscription, the period of 6 calendar months and, for a Monthly Subscription, the period of one calendar month starting from the Commencement Date
"Intellectual Property Rights" means all intellectual property rights and rights of a similar nature in any part of the world whether registered or not, including but not limited to copyright, moral rights, trade marks, service marks, registered designs, design rights, database rights, patents, utility models, inventions, trade secrets and other confidential information, data, know-how, business or trade names and domain names, and including the right to apply for and to sue for past infringements of any of the foregoing rights
"Malware" means viruses, worms, Trojans or other malicious computer code
"Monthly Subscription" means a monthly subscription to the Qype Premium Service
"Order" means the order placed by you online via the Website or offline (via telephone or through our salespersons) for a Subscription
"Premium Advertisement" means a business advertisement purchased as part of the Qype Premium Service in the format, and including the details, described in clause 4 below
"Premium Partner" means a business with a Subscription
"Qype Premium Services" means the service offered by us to businesses in connection with the Website as set out in these Business Terms and Conditions
"Renewal Period" means a Subscription extension period equal to the duration of the relevant Initial Subscription Period
"Representatives" means any of our officers, employees, partners, affiliates, suppliers, successors and assigns, agents or representatives
"Subscription" means an Annual Subscription, a Six-Month Subscription or a Monthly Subscription, as applicable
"Subscription Period" means the Initial Subscription Term or any Renewal Period of a Subscription, as applicable
"we", "us" and "our" means Qype Ltd (incorporated in England and Wales with number 5780425), whose registered office is at 17A Beckenham Grove, Bromley, Kent BR2 0JN
"Website" means the internet website operated by us which is currently located at http://www.qype.co.uk and which is directed at a UK audience, and any replacement website from time to time
"you" and "your" means the person or company or other organisation who subscribes to the Qype Premium Service
"Qype Ads" refers to Qype self-serve ads feature available for our Premium customers
You may subscribe to the Qype Premium Service by submitting your Order via the Website. In this case, the terms of this clause 2 shall apply (and the terms of clause 3 shall not apply) to your Order. 2.1 Annual Subscriptions and Monthly Subscriptions are available for Orders via the Website.
2.2 We will not be legally bound to provide the Qype Premium Service to you where you submit an Order via the Website until we have received payment of the Charge for the relevant Initial Subscription Term and you have accepted these terms and conditions pursuant to the acceptance box in your Order confirmation journey, at which point we will activate your account.
2.3 You will be required to provide a password in order to access the Qype Premium Service account area of the Website. You shall ensure that such password is kept confidential and secure and you shall immediately notify us if you have any reason to believe that the password has been disclosed to any third party, or if it is being used or is likely to be used in an unauthorised manner. You accept all responsibility for any and all activities that occur through your account (whether or not authorised).
You can also subscribe to the Qype Premium Service offline by telephone or through our Salespersons. In this case, the terms of this clause 3 shall apply (and the terms of clause 2 shall not apply) to your Order:
3.1 Only Annual and Six-Month Subscriptions are available for offline Orders; Monthly Subscriptions are not available for offline Orders.
3.2 For all offline subscriptions, activated after 9 July 2012, the following applies: your business will be advertised 10,000 times for an Annual, and 5,000 times for a Six-Months subscription with Qype Ads (please see clause 6.9). These need to be activated manually in your “My Business” section within the first 90 days after contract activation. If these Qype Ads are not activated within the given timeframe, they expire without any further obligation from Qype to serve them. However, the subscriber still retains the right to purchase additional Qype Ads according to the terms and conditions described below.
As soon as these aforementioned Qype Ads are all activated, or expired, you are able to acquire additional Qype Ads in a bundle of 10,000. You will find the cost set in the section “My Business”. See more information about Qype Ads in paragraph 6.
3.3 Qype Premium Service contract renewals can include the provision of 10,000 Qype Ads
4.1 You will be entitled to display a Premium Advertisement on the Website during your Subscription in accordance with these terms and conditions. A Premium Advertisement will include the name, address, and the average rating (according to ratings submitted by Website users) of the relevant Premium Partner. The Premium Advertisement will contain a hyperlink to your business listing. The Premium Advertisement will be displayed in connection with a specific location and business type as set out below. You may submit a photo or graphic design to incorporate into the Premium Advertisement at any time during the Subscription Period provided that it complies with these terms and conditions, and the Guidelines, and we will promptly publish such photo or design to the Premium Advertisement. We may freely choose a graphic design for the Premium Advertisement, provided, however, that such design complies with any applicable legal requirements.
4.2 You will decide the area specified on the Website in connection with which you wish your Premium Advertisement to be displayed. In addition, you will choose the specific line of business / category in which the Premium Advertisement is to be displayed. The selection must include a line of business / category description of the most relevant (i.e. ‘leaf level’) detail according to the categories published on the Website and offered during the Premium Advertisement specification process (e.g. “London/Eating & Drinking> restaurants”).
4.3 Premium Advertisements shall be published on the selected overview page for a specific line of business above the first natural listing and may be displayed among other Premium Advertisements. If there is more than one Premium Partner that has chosen to have their Premium Advertisement published on the same overview page for a specific line of business in any one area, the respective Premium Advertisements will be cyclically displayed in the top Premium Advertisement position. Such Premium Advertisements will be displayed in the top position alternately for each Website User view or page refresh however we reserve the right to decide the order Premium Advertisements are cycled in at our sole discretion. Where there is more than one Premium Advertisement on one Website page only the top positioned Premium Advertisement will be consistently displayed during a page view, however all Premium Advertisements will be available for view and will be labelled as Premium Advertisements.
4.4 Premium Advertisements will also be shown – without any surcharge – in an alternating fashion in the next higher level of business/category detail (e.g., “London/services” in addition to “London/services > graphics & design”). Premium Advertisement will exclusively be shown in the selected location (e.g. for Premium Listing in Soho: the Premium Advertisement will show-up on Soho pages, but not automatically on London pages). Such Premium Advertisements will be displayed in the top position alternately for each Website User view or page refresh however we reserve the right to decide the order Premium Advertisements are cycled in at its own discretion.
4.5 No advertisements for other Website business listings will be displayed on the business listing of a Premium Partner.
4.6 Depending on your subscription you can be entitled, within 3 months of activating your Qype Premium package, to our Qype Ads feature, which will give your business free ad impressions across Qype display network.
5.1 The Premium Partner may also, at the cost set out on the Website from time to time order the Qype Premium on Mobile Partnership. The Qype Premium Advertisement will be published for the duration of the applicable Subscription on our smartphone applications, which can be downloaded from the Apple Appstore or other relevant application marketplaces and on our mobile website reachable via i.qype.com and m.qype.com. The Qype Premium on Mobile Partnership product will provide the features set out on the Website (http://www.qype.co.uk/business_pitch/what_you_get), including:
5.1.1 The Qype Premium on Mobile advertisement includes the name, address, and the average rating according to Website users of the Premium Partner. It is linked with the listing of the Premium Partner under the respective line of business. We may freely choose a graphic design for the Premium on Mobile advertisement, provided, however, that such design complies with any applicable legal requirements.
5.1.2 Mobile Advertisement reaches highest efficiency if the display is targeted specifically in the context of time, location and category the consumer is in. Therefore the Premium on Mobile advertisement is displayed in the vicinity of the physical location of the Place of the Premium Partner.
We reserve the right to decide the distance of the consumer to the physical location of the place in which a Premium Partner Advertisements is displayed.
In addition, it will choose the specific line of business / category in which the Premium on Mobile advertisement is to be displayed. The selection must refer to a line of business / category of the finest granularity (e.g. “London/restaurants > gourmet restaurants“).
5.1.3 We shall place the Premium on Mobile advertisement on the selected overview page for a specific line of business above the first natural listing and it may be displayed among other Premium on Mobile advertisements of other Premium on Mobile subscribers that are listed in the consumers vicinity and line of business/category which have been selected by the Premium Partner. If there is more than one Premium on Mobile Partner that has chosen to have their Premium on Mobile advertisement published on the same overview page for a specific line of business in any area, the respective Premium on Mobile advertisements will be cyclically displayed in the top Premium on Mobile advertisement position. Such Premium on Mobile advertisements will be displayed in the top position alternately for each Website User view or page refresh. We reserve the right to decide the order Premium Advertisements are cycled in at our sole discretion.
5.1.4 As part of the charges referred to in this clause, the Premium on Mobile advertisement will also be shown in an alternating fashion in the next higher level of hierarchy (e.g., “London/services“ in addition to “London/services > graphics & design“). We reserve the right to decide the order Premium Advertisements are cycled in at our sole discretion.
5.1.5 Your business listing published through the Premium on Mobile service will be kept free from Premium Advertisements placed by third parties.
5.1.6 Due to restrictions from the Apple Appstore or other relevant application marketplaces we are not able to display explicit content that is considered suitable for adults only as a result on keyword searches in the applications. Therefore the offering to use 50 Keywords to improve your business profile (described here http://www.qype.co.uk/business_pitch/what_you_get) does not apply to places categorised into adult categories.
5.1.7 Businesses categorised, as “Virtual Place” can’t use the Premium on Mobile advertisement offer, as they don’t have a physical location. Only places with a physical location can buy a Premium on Mobile Partnership.
5.2 The Qype Premium on Mobile Partnership product may be purchased as an individual product, in which case it must be purchased for a fixed term of either 6 months or 12 months and such subscription may only becancelled by you in accordance with clauses 6.7 and 11.2 below. Alternatively, the Premium Partner may also order the Qype Premium on Mobile Partnership product together with the Qype Premium Service Online (Qype Premium Bundled Product). This Qype Premium Bundled Product combines an annual subscription to the Qype Premium Service and an annual subscription to the Qype Premium on Mobile Partnership advertisement. A discount to the individual Qype Premium Service and Qype Premium on Mobile Charges may be offered where the Qype Premium Bundled Product is purchased, such discount to be confirmed in the order confirmation email. The Qype Premium Bundled Product may be cancelled by you in accordance with clause 7.2.
6.1 You may order the Qype Premium Store Finder. In that case, [for the duration of the Premium Partner’s Subscription] your business listing will be published in its own separate sub-category within your business category. The business listing will be free from advertisements from other Website business listings and will, subject to our prior written approval, incorporate your corporate design through customizable elements defined by Qype GmbH. Your standard listing, in the standard business category will continue to be displayed.
6.2 The Qype Sponsored Link is a fixed advertising space within the Website, hyperlinked to a website selected by the purchasing Premium Partner (but subject to our prior written approval). The Qype Sponsored Link needs not be linked to a Premium Partner’s business listing. The Qype Sponsored Link may be purchased in various top and/or subordinate categories and/or throughout the UK and/or for individual cities. Placing is price dependent, and this product can be purchased at a price we determine. We shall determine the size of the Qype Sponsored Link at our sole discretion. The Premium Partner will provide and be responsible for the contents (phone number, URL, images). A Qype Sponsored Link may be sold up to three times for each advertising space. These advertisements will then be placed next to eachother. If desired, an exclusive placement within a category and city may be agreed upon in writing at additional cost.
6.3 We will provide the Qype Premium Service with reasonable skill and care.
6.4 Subject to clause 6.6, we will publish your Content on the Website promptly after we activate your account.
6.5 You shall be solely responsible for ensuring that the Content meets your requirements and complies with the provisions of these Business Terms and Conditions and the Guidelines, and we shall not be responsible for any publication of or amendments to your Content carried in accordance with your instructions.
6.6 Notwithstanding the provisions of clause 6.5, we reserve the right in our sole discretion, without being under an obligation to do so:
6.6.1 to edit the Content as we consider to be reasonably necessary or desirable for the purposes of publication on the Website without notice to you; and
6.6.2 to refuse to publish the Advertisement or any Content if we believe that you are in breach of any of your obligations or the warranties given at clause 10.
6.7 In the event that we exercise our right under clause 6.6.2, we shall notify you and you shall be entitled to cancel your Subscription and request a refund in respect of any Charge paid.
6.8 You acknowledge that:
6.8.1 we have no control over the Internet and accordingly access to the Website may not be error free or uninterrupted; and
6.8.2 occasional periods of downtime may be required for repair, maintenance and upgrading of the Website. Where such downtime is within our control, we will take reasonable steps to keep any periods of interruption to a minimum.
6.9 Occasionally you may activate or buy Qype Ads according to the price published on the website Qype Ads will be displayed by Qype`s pre-defined display ad space on selected overview pages and business listings.
Qype has the right to decide on which pages Qype Ads will be displayed. Due to legal restrictions Qype is not able to display explicit content that is considered suitable for adults only in a non-explicit context. Therefore if your business is categorized in an explicit category, your Qype Ads will only be displayed in the context of explicit categories.
Qype Ads need to be created manually according to the cost shown in your “My Business” section. When creating Qype Ads, you will automatically create three different Ad formats. Qype will decide on the location and format of your advertisement.
After setting up your Qype Ads, the activation can take up to 64 hours.
Your Qype Ads will ideally be displayed within one month. In case Qype is not able to display the ads within this timeframe, the remaining ads will be delivered as fast as possible. Your Qype Ads will be linked to your business listing. In case Qype is not able to display the ads within this timeframe, the remaining ads will be delivered as fast as possible. Your Qype Ads will be linked to your business listing.
7.1 Your Subscription will commence on the Commencement Date. Subject to clauses 6.7, 7.2, 7.4 and 11.2, it will continue for the relevant Initial Subscription Term and on the expiry of the Initial Subscription Term, or the expiry of any subsequent Renewal Period, your Subscription will be automatically renewed for a Renewal Period.
7.2 Notwithstanding clause 7.3, a Premium Partner will be entitled to terminate an offline Order for an Annual or Six-Month Subscription on no less than thirty (30) days prior written notice to us such notice to expire at the end of the agreed contract length. Notice of such termination will only be valid if served by registered letter addressed to the address provided at clause 22 and marked "termination of offline package".
7.3 You or we shall be entitled to terminate any Subscription on no less than 30 days' written notice to the other party, such notice to expire at the end of the Initial Subscription Term or a Renewal Period (as applicable).
7.4 We shall be entitled to terminate your Subscription immediately at any time on written notice to you if:
7.4.1 you are in material or persistent breach of any these terms and conditions, and, in the event of a material breach (where such breach is capable of remedy), you fail to remedy the breach within 14 days of receipt of notice of such breach;
7.4.2 you become bankrupt or insolvent pursuant to section 123 of the Insolvency Act 1986 or a receiver, administrator or liquidator is appointed over the whole or any part of your business or assets or you are struck off the Register of Companies (or similar register) in the jurisdiction where you were incorporated or a petition is made or a resolution passed for your winding up or any analogous event to those set out in this clause in any other jurisdiction; or
7.4.3 there is any change in any law or binding industry code of practice which has a material adverse effect on our provision of the Website or the Qype Premium Service.
7.5 Without prejudice to clause 7.4, we shall be entitled, at any time and without notice, to suspend your access to the Qype Premium Service and/or to remove your Premium Advertisement and/or any Content from the website, where:
7.5.1 we have reasonable grounds to believe that you are in breach of any of your obligations under these Business Terms and Conditions (including but not limited to the warranties given under clause 10) or the Guidelines; or
7.5.2 we become aware of any unlawful activity or information arising from or relating to the publishing of the Content on the Website.
7.6 Any period of suspension shall continue until:
7.6.1 the circumstances giving rise to our right to suspension cease to subsist; or
7.6.2 your Subscription is terminated in accordance with clauses 7.2 or 7.4.2, whichever is the earlier. 7.7 For the avoidance of doubt, you shall continue to be liable for the applicable Charge during any period of suspension.
7.8 On termination of your Subscription (for whatever reason) we shall be under no obligation to retain or to return copies of the Content to you. However, we shall not publish any Content on the Website after the expiry or termination of your Subscription.
7.9 Non-payment of Subscriptions may result in amounts due being passed to a third party for collection. Any legal and collection fees that are incurred as a result will be payable by you.
7.10 Termination or expiry of your Subscription shall not affect our or your respective accrued rights and obligations that may have arisen on or before the date of termination or expiry or are intended to survive after the date of termination.
7.11 Online Sales right of rescission within 7 days after purchasing day
8.1 Payment of the applicable Charge shall be due in advance of the relevant Subscription Period as follows: on submission of your Order and, thereafter, on the working day immediately preceding commencement of each Renewal Period.
8.2 Charges for each Renewal Period will be at the level set out on the Website at the time of renewal. We will publish any changes to Charges at least two months in advance of the change taking effect.
8.3 All Charges are quoted in pounds sterling and are inclusive of value added tax (VAT).
8.4 Charges must be paid by direct debit, credit card, debit card, cheque, transfer or paypal or via such other payment method as set out on our Website.
8.5 You grant us the right to deduct from your debit or credit card the Charges due for the forthcoming Renewal Period on the working day immediately preceding commencement of each Renewal Period. You must promptly notify us of any changes to your billing information (such as a change in billing address or credit or debit card number or expiry date). Where your subscription renews pursuant to clause 7.1 we will continue to deduct Charges for the relevant subscription period in accordance with this clause.
8.6 Failure to pay any Charge to us by the due date shall be deemed a material breach of these Business Terms and Conditions.
9.1 The term "Qype", www.qype.co.uk and the Qype logo are trade marks of our parent company Qype GmBH. Other than the Content, we and/or our licensors own all other Intellectual Property Rights in or relating to the Website and its content and in any artwork, copy or other materials which we or our authorised representatives may create for you as part of the Qype Premium Service (the "IPRs").
9.2 You are not entitled to copy, modify or otherwise exploit any of the IPRs (other than the Intellectual Property Rights in the Content) in any form or in any media. Without prejudice to the foregoing, you will not, and will not permit others to modify, translate, reverse engineer, decompile, disassemble or otherwise tamper with all or any part of the software embodied in the Website.
9.3 You grant us the non-exclusive right to use your name, trade marks and such other of your (and your licensors') Intellectual Property Rights in the Content or otherwise as may be necessary or desirable to enable us to perform our obligations under these Business Terms and Conditions.
10.1 You warrant, represent and undertake that:
10.1.1 you have full legal right, power and authority to subscribe to the Qype Premium Service and to perform your obligations under these Business Terms and Conditions (including compliance with the Guidelines);
10.1.2 you are the owner or licensor of all Intellectual Property Rights in any Content you provide to us, or you are, and will be at all times during the term of your Subscription, duly authorised to use, and to permit us to use, all such Intellectual Property Rights in connection with the provision of the Qype Premium Service;
10.1.3 you have obtained all rights, consents, licences, clearances and approvals required for publication of the Advertisement and other Content on the Website and for provision of the Qype Premium Service in relation to the Content;
10.1.4 you have complied with and will comply with all applicable law and regulatory provisions, including but not limited to any relevant standards and codes of practice issued by the Advertising Standards Authority or other regulatory body in connection with publication of the Premium Advertisement;
10.1.5 you are entitled by law to operate the business you are advertising; and
10.1.6 any electronic files you provide to us will not infringe the rights of any third party and are free from Malware and will not cause an advert effect on the operation of the Website.
10.2 You further warrant, represent and undertake that the Content:
10.2.1 complies and will comply with the Guidelines;
10.2.2 is not and will not be unlawful, misleading or offensive, threatening, abusive, indecent, defamatory, obscene, degrading or menacing; and
10.2.3 is not and will not be prejudicial to our reputation, or that of any of our group companies or representatives, or likely to cause us, or any of or group companies or representatives, embarrassment.
10.3 You acknowledge that whilst it is our intention to direct the Website to users based in the UK, the Website may be accessible by a user in any country of the world.
11.1 We reserve the right to amend:
11.1.1 without prejudice to clause 6.6.1, the content, layout, format and location (including the domain name) of the Website and the position and layout of the Content on the Website, without prior notice to you;
11.1.2 subject to clause 11.1.3, the Qype Premium Service and any other service we may offer from time to time at our sole discretion;
11.1.3 these Business Terms and Conditions on reasonable notice to you by publishing details of such variation on the Website; and
11.1.4 the amount of the Charges, provided that we shall publish notice of any changes to the Charges at least two months in advance of such Charge taking effect and any Charge paid for the then current Subscription Period shall not alter.
11.1.5 new features or to remove existing features on our own discretion, which are not explicitely mentioned within clause 4.
11.2 If, upon receiving any notice of variation pursuant to clause 11.1.3 which will have a material adverse effect on you, you do not wish to continue with your Subscription, you may terminate your Subscription on written notice to us with effect from the date such variation is due to take place. In the event that you do not serve any notice of termination prior to the date that such variation is take effect, you will be deemed to have accepted such variation. If you cancel an Annual Subscription pursuant to this clause 11.2 you may, in your termination notice, request a refund in respect of any Charge paid, calculated pro-rata for the remaining period of the then current Subscription Period. No refund will be paid in respect of Monthly Subscriptions cancelled pursuant to this clause 11.2.
13.1 Except as set out or incorporated in these Business Terms and Conditions, all conditions, warranties and representations applicable to our provision of the Website and the Qype Premium Service, whether expressed or implied by statute, common law or otherwise, are excluded to the maximum extent permitted by law.
13.2 Neither we, nor any of our Representatives, will be liable to you for:
13.2.1 any consequential, incidental, indirect, special or punitive damage, loss or expenses (including but not limited to any loss of business, contracts, revenue, or profits, any business interruption, loss of data or software, loss of goodwill or reputation), even if we or any of our Representatives have been advised of their possible existence; nor
13.2.2 any damage, loss or expenses arising from loss of customers, loss of profits, loss of anticipated profits, loss of business, loss of revenue, loss of contracts, loss of savings, any business interruption, loss of data, loss of software, loss of goodwill or loss of reputation.
13.3 Without prejudice to clause 13.2, neither we nor any of our group companies shall be liable to you for any direct or indirect damage, loss or expenses suffered by you as a result of:
13.3.1 any Content published on the Website;
13.3.2 any suspension of the Qype Premium Service or removal of the Premium Advertisement or Content pursuant to clause 7.5;
13.3.3 any inaccuracies or errors in or omissions from any materials published on the Website, including the Content;
13.3.4 any third party content of or links to third party websites linked to the Website;
13.3.5 any damage to or unauthorised transfer, reproduction or exploitation of your Content or any of your property outside of our reasonable control, including but not limited to as a result of any Malware on or hacking of the Website;
13.3.6 any fault, inaccuracy, omission, delay or any other failure in the Website caused by your computer equipment or arising from your use of the Website on such equipment; or
13.3.7 any delays, technical downtime, interruptions or short-term or immaterial technical errors in the transmission or delivery of the Website, including but not limited to in uploading Content to the Website.
13.4 Nothing in these Business Terms and Conditions shall operate to exclude or restrict our liability for death or personal injury resulting from negligence or fraud, deceit, unlawful intent or gross negligence.
13.5 To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded or limited under this clause 13, only such exclusions or limitations affected shall be limited in accordance with such applicable law and the validity and enforceability of the remaining provisions in this clause 13 shall not be affected.
13.6 Without prejudice to the foregoing limitations of liability provisions, our total liability arising from or in connection with these terms and conditions and your use of the Website shall be limited with respect to any one event or series of events to the Charges you have paid to us in the 12 months immediately preceding the date that the right to take action first arises or £100, whichever is greater.
13.7 We shall have no liability to you if we are unable to perform our obligations under these Business Terms and Conditions due to any cause beyond our reasonable control, including but not limited to acts of God, explosions, floods, fire or accident, war or threat of war, sabotage, civil disturbance, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes or industrial actions or trade disputes. If we are prevented, hindered or delayed from performing our obligations under the Business Terms and Conditions by an event described in this clause 13.7 for a continuous period in excess of thirty (30) days, then you shall be entitled to terminate these Business Terms and Conditions immediately by notice in writing.
You shall fully indemnify us and our Representatives and keep us and our Representatives fully indemnified from and against all loss, damage, liability and legal fees and costs incurred by us or our Representatives arising as a result of any breach, non-performance or non-observance by you (or your employees, agents or other representatives) of any warranties, representations, or obligations under these Business Terms and Conditions.
You acknowledge that the Content and any other details relating to you that appear on the Website may constitute an entry in a directory for the purposes of section 3 of the Unsolicited Goods and Services Act 1971 (as amended from time to time) and that your Order will be construed as the electronic communication required by such section.
We may assign, encumber, sub-contract or otherwise transfer our rights and obligations under these Business Terms and Conditions to any third party. You may not assign, encumber, sub-contract or otherwise transfer your rights and obligations under these terms and conditions without our prior written consent.
Unless provided for in these Business Terms and Conditions, a person who is not a party to these Business Terms and Conditions shall not have the right under the Contract (Rights of Third Parties) Act 1999 to enforce any of these terms.
If any provision of these Business Terms and Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these Business Terms and Conditions, and the validity and enforceability of the other provisions of the Business Terms and Conditions shall not be affected
No failure or delay by a party to exercise any right or remedy provided under these Business Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Business Terms and Conditions shall preclude or restrict the further exercise of that or any other right or remedy.
These Business Terms and Conditions and any terms referred to in these Business Terms and Conditions constitute the entire understanding and agreement between you and us relating to their subject matter and supersede all previous understandings, agreements, negotiations and discussions between the you and us relating to such subject matter. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Business Terms and Conditions.
These Business Terms and Conditions and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The English courts will have exclusive jurisdiction over any claim arising from, or related to, these Business Terms and Conditions.
If you have any queries about the Qype Premium Service, please contact us
at email@example.com or at Qype, a Yelp company, 55 Baker Street, London W1U 8EW.