Membership Terms & Conditions
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The following Terms and Conditions are entered into by and between You (“Client” or “You”) and Zonal Ltd (“Company”, “I”, or “me”).
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Membership
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The Company agrees to advertise your business on the Zonal Ltd Local Business Directory website and app (“Directory”). As a condition, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
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Terms of Use, Privacy Policy, & Disclaimer
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The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Directory. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.
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Nature of The Relationship
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Directory, which provides local advertising and associated benefits.
Fees
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In consideration of Your access to the Directory, you agree to pay the monthly fee of £19.99 for a six month fixed term.
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Payment to the Directory is via a monthly payment plan. You pay the first payment from the day you sign up and then your selected payment method will be automatically charged on a monthly basis for a fixed period of six months. After the six month period, there is a one month cancellation notice.
You remain responsible for the payments unless you obtain a refund according to the Directory's Refund Policy set forth below. In the event that any payment is not made, the Company shall immediately suspend your access to the Directory.
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Payment Plan Authorisation
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You hereby authorise the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.
Refund Policy
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Any refunds will be at the Company's discretion. Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
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If you receive a refund, that shall immediately terminate any and all services and benefits of the Directory.
The Directory
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As part of the Directory, the Company shall provide the following to Client.
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Advertising space – The Company shall upload Client business details and contact details to the Directory website and app within two working days of receiving the information required from the Client. The Client's business will be advertised on the website and app until the membership is cancelled.
Benefits – There are various benefits included in the Directory membership. 10% off purchases not in conjunction with any exclusive app offers or selected promotions by Customise R Us Ltd. Offer can be withdrawn without notice at any time.
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Ownership Of All Intellectual Property
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The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Directory are the trademarks of their respective owners.
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Your participation in the Directory does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Directory, You agree to observe and abide by all copyright and other intellectual property protection.
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You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the membership and use of the Directory and associated benefits. To be clear, if you violate the Company’s intellectual property rights, your access to the Directory will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
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Confidentiality
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The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Directory, you hereby agree to respect the privacy of other Directory participants and to respect the Company’s confidential information.
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Specifically, you shall not share any information provided by other Directory participants outside of the bounds of the Directory unless you receive express written permission from such other participant to share the information.
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Personal Responsibility
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By participating in the Directory, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about any results, whether recommended in the Directory or not.
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Limitation of Liability
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You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Directory and/or any information and resources contained in the Directory. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Directory.
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Changes are periodically added to the information in the Directory. The Company may make improvements and/or changes to the Directory at any time.
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To the maximum extent permitted by applicable law, in no event shall the Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Directory, with the delay or inability to use the Directory.
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Indemnification
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You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable legal fees) relating to or arising out of your use of or inability to use the Directory and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Termination And Access Restriction
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The Company reserves the right, in its sole discretion, to terminate your access to the Directory and the related services or any portion thereof at any time, if You become disruptive to the Company or other Directory participants, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees.
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Entire Agreement
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This Agreement, along with the Company’s Terms of Use, Privacy Policy, and Disclaimer, constitutes the entire agreement between You and the Company with respect to the Directory, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and the Company with respect to the Directory. A printed version of this Agreement and of any notice given in electronic form shall be admissible in legal or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Severability
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If any term or provision of this Agreement is found by a court of law to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Waiver
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No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
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Force Majeure
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The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Effective Date
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This Agreement shall commence and be enforceable with respect to each Directory participant upon the date that the participant initially signs ups to the Directory.