bseen2.biz

Terms and Conditions

This Website is owned and operated by B-Seen2 Ltd. In these conditions, references to "we" or "us" or "our" are references to B-Seen2 Ltd and references to "you" or "your" are references to the person ordering Services from us. These Conditions (as may be amended from time to time) will govern the relationship between you and us.

1. The Contract between you and us
1.1 B-Seen2 Ltd invites you to buy Services from us. If you wish us to provide Services to you, you will need to complete an "Order" by arranging payment. All Orders submitted by you will be subject to these Conditions. A binding contract between you and us ("Contract") will only arise when we have received payment. You should only submit an Order to us if these Conditions are acceptable to you without modification.

2. The Price of our Services
2.1 Our charges ("Charges") for any Services ordered by you will be our current price in force for that Service when you submit your Order. All our current prices are available either on the bseen2.biz Website ("Site") or from one of our sales team. All of our Annual Services advertised prices are exclusive of VAT and other applicable taxes which will also be payable by you. Advertised prices for Annual Services paid by monthly instalments are inclusive of VAT.
2.2 The Charges for all of our Services are payable in advance by you. In the case of our Annual Services (which include the Platinum, Gold and Silver Packages) this means that our Charges are due to paid by you at the same time as your Order and then again by you on each anniversary. Annual Services can be paid through monthly instalments. In the case of our Non-Annual Services (which include Advertising, iPIX orders) our Charges must be paid by you at the same time as your Order.
2.3 Any indulgence given by us to you in respect of the time for payment of our Charges is entirely at our discretion and shall not operate as a waiver of any of our rights. If you do not pay us any sums due from you on the due date for payment, we will not proceed with the service.
2.4 We normally accept payment by cheque (payable to B-Seen2 Ltd) and by Visa, MasterCard, Delta or Switch. We may withdraw any method of payment at any time without notice to you.
2.5 If any reduction is available to you in respect of a promotional offer made available by us, and you are eligible for such offer, then the Charges payable by you will be reduced by the amount shown but not by more or otherwise.

3. The Services that We Offer
3.1 Descriptions of most of our Services are on the Website ("Product Description"). In addition, our Sales Team will also be pleased to discuss any further bespoke Services that you may require. Subject to our acceptance of your Order, and your continual compliance with these Conditions, we will provide the Services specified in your Order in accordance with these Conditions and the Product Description, using our reasonable skill and care at all times. We may use agents and/or sub-contractors to perform the Services on our behalf where we deem it appropriate to do so.
3.2 In pursuance of Our policy of continuing service improvements we reserve the right to alter the look, feel, style, facilities and functionality of any of our Services and the Website at any time without giving you prior notice but in doing so we will endeavour not to materially diminish the overall functionality and value of the Services or the Website. Accordingly, the Product Description is subject to change from time to time.
3.3 We may at any time either change, replace or delete these Conditions or include new terms. Before we do so, we will advertise any such change on the Website no less than seven days before the proposed amendment becomes effective.

Products
3.4 You can enter on-line text and other materials such as logos and photographs for construction of your directory ppage. We will not commence any design work for the Site bseen2.biz until we have received from you all of the required art work, information, and other materials such as logos and photographs ("together referred to in these Conditions as "Deliverable Materials").
3.5 From the date that your Directory Listing ("Product") goes live, we will host your Product in return for your payment of the relevant Charges.

4. Your Obligations to Us
4.1 You will promptly provide us (free of charge) with any information that we may reasonably require to enable us to proceed with the performance of our obligations under the Contract.
4.2 You are responsible for ensuring that all Deliverable Material that you provide to us is accurate, decent, lawful, and honest and that such Deliverable Material is not offensive, prejudicial or inflammatory, likely to expose us to claims, result in our prosecution, cause us to infringe the legal rights of any third party, or cause us embarrassment or distress of any kind. You agree that you will be responsible to us for any losses costs or claims that we incur if you supply Deliverable Material to us which breaches this obligation.
4.3 You must supply Deliverable Material to us in a suitable format (details of which are available on the wesite and are available on request). You must ensure that any Deliverable Material that you supply to us in an electronic form is provided using fully licensed software and is free from harmful viruses or similar.
4.4 If any Deliverable Material that you provide to us itself constitutes or incorporates in any intellectual property rights (including without limit copyrights, registered or unregistered trademarks, patent rights, registered or unregistered designs, proprietary know-how or any other proprietary rights of any nature) you represent and warrant to us that such Deliverable Material is either owned absolutely by you or that the owner of such intellectual property rights has given you permission to use them and to allow us to use them on your behalf.
4.5 If we in our sole discretion consider necessary, we reserve the right to contact the owner of any intellectual property rights vested in any Deliverable Materials provided by you to verify that we have permission to use such Deliverable Materials. However we shall have no liability for failing to do so.
4.6 You must not at any time use the Site, or any website hosted by us pursuant to the Contract, nor any of our networks (or the networks of any of our agents or sub-contractors) for any of the following:
to attempt to circumvent user authentication or security of any host, network or account;
to interfere or deny service to any user, host or network including without limit for the purpose of flooding, mailbombing, or any other deliberate attempt to overload or crash a host or network;
to transmit any material that is in our sole opinion unlawful, obscene, threatening, abusive, libellous, or which encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, national or international law;
for the purpose of originating spam or spam advertising.
4.7 If you breach any of your obligations set out in clause 4.6 above, we reserve the right that our discretion to terminate the Contract immediately without warning and without limit you agree to indemnify us against any costs, claims or expenses that we incur as a result.

5. Termination of the Contract
5.1 In the case of Non-Annual Services the Contract will terminate upon the later of completion by us of such Services and receipt of payment in cleared funds from you of all Charges that are due in relation to them.
5.2 In the case of Annual Services, such Services are provided by us for an initial period of 12 months from the first date on which you make payment to us. Thereafter, the Contract will renew for additional periods of 12 months on payment by you of your Renewal Fee. If you cancel any of the Services other than at the end of a 12 month period, we will not refund any payments made in respect of the remainder of the period.
5.3 We may terminate the Contract with you immediately at any time without notice but, if you demonstrate that we have terminated the Contract without any breach by you of your obligations, we will refund to you a sum representing the part of the Services attributable to the unexpired period to the next anniversary date of your Contract. We may, by at least 30 days notice to you in advance, elect not to renew your contract with us at an anniversary.
5.4 You acknowledge that we will commence supplying our services to you as soon as you have completed an "Order" with us, and you recognise that you will not have the right to cancel any listing under the Consumer Protection (Distance Selling) Regulations 2000 or any equivalent legislation in your jurisdiction.

6. Our liability to You
6.1 We accept liability to you for any loss that you suffer due to a breach by us of our duty to exercise reasonable skill and care in the provision of the Services. We also accept liability to you for any loss that you suffer because you are injured or die as a result of our negligence. We give no express or implied warranties for any of the Services including without limit any warranty of merchantability for a specific purpose. You hereby acknowledge and accept that we will have liability to you in contract, tort, or breach of statutory duty or otherwise.
6.2 You hereby acknowledge and accept that we make no warranty and give no representation of any kind in relation to data that we obtain for use under licence from any third party organisations and which may be used to assist in the provision of Services by us and which may be displayed on the Website or otherwise by us.
6.3 Except where otherwise specifically stated in these Conditions, our total liability to you for any reason is limited to the total amount of the Charges that you have paid to us under this Contract.
6.4 In no event will we be liable for any indirect or consequential damages in contract or tort, including loss of profit, loss or damage to property or relating to claims made by any third party.
6.5 We will endeavour to ensure that the Website is available at all agreed times but you acknowledge that computer and telecommunication systems are not error free and that we will not be liable to you in the event that the Website or any of the Services become unavailable or inaccessible.
6.6 We do not represent or warrant that the Website or any of our Services will be error-free, free of viruses or other impairing or harmful components. We will endeavour to ensure that errors are not service affecting and we will run commercially available virus detection and correction software.
6.7 The Website may contain links to other Websites provided by independent third parties. We make no representations whatsoever concerning the content of those sites and the fact that we provide a link to a particular site is not an endorsement, authorisation, sponsorship or affiliation by us in relation to such sites, its owners or its providers.

7. Your Liability to us
7.1 You hereby agree to indemnify, defend and hold us harmless for all liability, claims, damages and costs, including reasonable legal expenses, arising out of or in connection with a breach by you of your obligations, representations and warranties in these Conditions.

8. Intellectual Property Rights
8.1 Bseen2-Ltd authorises you to view and download the materials at this Web site ("Site") only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use. Subject to applicable third party content providers' licences, you are allowed to access the bseen2.biz database, to make a copy of the results of any searches made in that database, and to use those results provided that none of such access, copying and use falls into, is preparatory to or enables any of the categories of prohibited conduct referred to below, and provided that none of such access, copying and use is for the purpose of and in the course of any business. For the avoidance of doubt, and without prejudice to the below mentioned prohibited conduct, such access, copying and use is permitted even for a business if such conduct is merely incidental to the business.


For the avoidance of doubt and without limitation, you are expressly prohibited from:

· modifying the data or other material from bseen2.biz ("the Data") or merging the Data with any other data;
· selling or trading in materials copied from the Data;
· using or redistributing the Data for the purposes of compiling databases, lists or directories, other than as and to the extent necessary to use the Data for a use not prohibited by this paragraph 4;
· providing commercial information, redistributing or reproduction of the same by the press or media or through any commercial network, cable or satellite system;
· issuing questionnaires, reply cards or similar for the purpose of data capture or verification;
· permitting or allowing the Data to infringe or otherwise prejudice our proprietary rights;


Using the Data:

· For any unlawful purpose or purpose that is likely to bring any part of Bseen2.biz into disrepute or to cause any part of bseen2.biz embarrassment;
· To send any message or communication which is offensive, abusive, indecent, obscene or menacing;
· In any way that would be reasonably expected to cause annoyance, inconvenience or needless anxiety;
· As source targeting material or contact data for any kind of telemarketing, direct marketing, viral or other electronic marketing activity on your own behalf or on behalf or for the benefit of another party.


8.2 You must not use, copy, adapt, alter or part possession with any information relating to us which we disclose to you under or in relation to the Contract and which is of a confidential nature. You acknowledge that we may use information provided by you so that we can perform our obligations under this Contract and so we can collate the information that you provide to produce non-customer specific statistics to assist us in our business planning.
8.3 All intellectual property rights in the Website, its functionality, and any design work, documents, drawings and information in connection with this Agreement will remain at all times our property. Such Website, Website functionality, design work, documents, drawings and information are confidential and will not be copied, disclosed or used except by you for your personal non-commercial use. You may not otherwise, without express permission from us, copy distribute sell or publish any of the content of the Website.
8.4 Trademarks used or displayed at this Site are trademarks of bseen2.biz or its affiliates or third party owners. Nothing contained on this Site is to be construed as granting, by implication, estoppel, or otherwise, any license or right of use of any such trademark without the prior written permission of B-Seen2 Ltd or such third party owner.
8.5 We both must comply with the Data Protection Act 1998 when dealing with information given to the other party under this Contract. You hereby acknowledge and accept that we may pass your details on to other parties so that they can offer you various products and services.

9. Force Majeure
If we fail to do what we have agreed with you because of something outside of our reasonable control, we will have no liability to you because of our failure. If you fail to do what you have agreed to do under this Contract because of something outside of your reasonable control, you will have no liability to us because of your failure.

10. Assignment
10.1 You may not assign or try to assign or otherwise deal with any of your rights and obligations under the Contract without our prior written consent.
10.2 We may assign or sub-contract all or any of our rights and obligations under the Contract to any third party.

11. General
11.1 Any indulgence given by us to you in respect of your obligations under the Contract is entirely at our discretion and shall not operate as a waiver of any of our rights.
11.2 Any part of these Conditions that is unenforceable or illegal will be severed from these Conditions and will not affect the enforceability of the remaining provisions of these Conditions.
11.3 We will not be liable to return any Deliverable Materials that you give us for the purpose of providing the Services to you.
11.4 The Contract is governed by the law of England and Wales and each of us agrees to submit disputes in connection with the Contract to the exclusive jurisdiction of the Courts of England and Wales. B-Seen2 Ltd controls bseen2.biz from within the country of England. It can, however, be accessed from other places around the world. Although these places may have different laws from those of England, by accessing bseen2.biz you agree that the laws of England, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of bseen2.biz. You and bseen2.biz also agree to submit to the non-exclusive jurisdiction of the English courts, with respect to such matters.

12. Modification of Terms
12.1 B-Seen2 Ltd may modify these Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms. You agree to review these Terms periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified Terms.
13. These Conditions together with your Order form the whole of the Contract between us. They apply in place of any other terms or statements discussed between you and any of our representatives or sales people.

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