transportweb membership - terms and conditions

1. Introduction

These terms of use govern your membership of transportweb; by using our website, you accept these terms of use in full. On becoming a member of transportweb you are agreeing to these terms and you are providing us with consent to handle your data in accordance with our Privacy Policy and the Data Protection Act.

If you disagree with these terms of use or any part of these terms of use, then please do not use transportweb or apply for membership.

If you submit an entry to our directory, we will ask you to expressly agree to these terms of membership.

2. Our directory

We welcome submissions to transportweb. You may submit an entry to our directory through the transportweb web site. You will have the opportunity to identify and correct input errors prior to making your submission.

Your submission to our directory must relate to transport and the transport industry, and it must consist of the following as a minimum:
- contact name and address.
- organisation name and address.
- email address.

You must not submit to our directory incomplete websites, websites that are “under construction”, mirror websites, websites that are identical or very similar to websites already in our directory, made-for-AdSense websites, or websites the content of which consists wholly or mainly of affiliate links. You must not submit the same website to our directory more than once - even if the URL is different. Any websites that contain Malware or similarly damaging content, or are detected by a third party, such as Google, of doing so, will be rejected.

Your directory submissions must comply with our “acceptable use” and “submissions” provisions below.

If you make a directory submission, you will be asked to choose an email address and password, which will be used to login to your transportweb account. You must ensure that your email address and password are kept confidential. You must notify us immediately if you become aware of any unauthorised use of your account or password. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure. You must not use any other person's email address and password to access our website, unless you have that person's express permission to do so. We may disable your transportweb account in our sole discretion without notice or explanation.

You must keep your directory submissions up-to-date using our website interface.

Without prejudice to our other rights under these terms of use, we reserve the right to reject or delete submissions that in our reasonable opinion breach these terms of use, or that do not in our reasonable opinion, meet the additional guidelines for submissions published on our website. If we reject or delete a submission on either basis, we will refund any applicable charges.

If we accept your submission then, it will remain published on our website for the relevant period set out on our website, subject to termination or deletion in accordance with these terms of use.

We will not file a copy of these terms of use specifically in relation to each submission and, if we update these terms of use, the version to which you originally agreed will no longer be available on our website. For this reason, we recommend that you print and file a copy of these terms of use for future reference.

These terms of use are provided in the English language only.

3. Free Membership

transportweb allows you to join as a member without charge, subject to the following limitations: you will only be permitted to publish one single business listing.

We may delete free directory submissions at any time in our sole discretion with or without notice to you.

4. Paid Membership

In addition to free membership, we provide two levels of a paid membership service that give the following benefits:
- ability to publish more than one business listing.
- publish organisation news and press releases (in accordance with our fair usage policy limited to a maximum of three news articles / press releases during seven consecutive days).
- post items that are for sale (in accordance with our fair usage policy limited to a maximum of one item per day).
- promote events (in accordance with our fair usage policy limited to a maximum of twelve published events during seven consecutive days).
- promote jobs (in accordance with our fair usage policy limited to a maximum of twelve published jobs during seven consecutive days).
- promote courses and other training (in accordance with our fair usage policy limited to a maximum of twelve published courses / training sessions during seven consecutive days).
- setup and manage multiple users with access to your transportweb account.
- reduction on our standard advertising rates.

For users wishing to exceed our fair usage policy, bespoke membership may be available.

Paid memberships cannot be downgraded to free memberships (or other paid memberships of a lower level) during the subscription period, but can be renewed at a lower membership level.

The applicable membership charges will be as set out on our website from time to time. All membership charges stated on the website are stated inclusive of VAT. You must pay to us the membership charges in respect of a submission in advance, in cleared funds, in accordance with the instructions on transportweb. We may vary membership charges from time to time by posting new charges on our website. However, such variations will not affect memberships that have already been paid for.

We offer a 'cooling off' period for all new membership applications (not renewals). This period is for seven days and starts from the moment your application is active. If you cancel your subscription during this penalty there will be no penalty and your full payment will be refunded. To cancel your membership you must inform us by email during the cooling-off period, and all refunds will be actioned a maximum of fourteen days following receipt of your cancellation email.

We reserve the right to amend the benefits of each membership level at any time with our without notice.

Paid memberships renew automatically at the end of each period of subscription. You will recieve a renewal notice towards the anniversary of your application date informing you of your upcoming renewal and providing an opportunity to cancel or change payment details. Unless cancellation or change in details are received and confirmed by us, payment will be taken for a new subscription period at the date of anniversary using the payment details we hold. There is no cooling-off period for renewals.

You may also downgrade your level of transportweb membership at time of renewal. Requests for cancellation or changes in transportweb membership must be received at least ten days prior to renewal date.
 

5. Acceptable Use

You must not use transportweb in any way that causes, or may cause, damage to transportweb or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use data collected from transportweb or the transportweb directory for any direct marketing activity, including without limitation email marketing, SMS marketing, telemarketing and direct mailing.

6. Submissions

In these terms of use, “your submissions” means all material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website directory, or that you submit to our website using any other website feature.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your submissions in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

You warrant and represent that your submissions will comply with these terms of use.

Your submissions must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

Your submissions (and their publication on transportweb) must not:

  • be libellous or maliciously false;
  • be obscene or indecent;
  • infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
  • infringe any right of confidence, right of privacy, or right under data protection legislation;
  • constitute negligent advice or contain any negligent statement;
  • constitute an incitement to commit a crime;
  • be in contempt of any court, or in breach of any court order;
  • be in breach of racial or religious hatred or discrimination legislation;
  • be blasphemous;
  • be in breach of official secrets legislation;
  • be in breach of any contractual obligation owed to any person;
  • depict violence;
  • be pornographic or sexually explicit;
  • be untrue, false, inaccurate or misleading;
  • consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
  • constitute spam;
  • be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
  • cause annoyance, inconvenience or needless anxiety to any person.

Your submissions must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.

You must not submit to our website any submissions that are or have ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of use in relation to user submissions, we do not undertake to monitor the submissions, or the publication of the submissions on our website.

7. Discontinuing service

We reserve the right to discontinue our directory services (and the publication of our website) at any time in our sole discretion with or without notice.

If:

  • you have paid for directory submission;
  • your directory submission has been accepted in accordance with these terms of use and has been published on our website for a period of less than 12 months; and
  • we discontinue the directory service;

we will refund to you such portion of your payment as related to any period after the discontinuance of the directory service.

Save as provided in this Section 7, you will not be entitled to any refund upon the discontinuance of our directory services.

8. Limited warranties

You acknowledge that some of the information published on transportweb is submitted by users, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

You acknowledge that:

  • we do not confirm the identity of companies and persons listed in our directory, check their credit worthiness or bona fides, or otherwise vet them;
  • we do not check, audit or monitor the information contained in the directory;
  • we are not party to any contract for the sale or purchase of goods or services entered into with any company or person in our directory; and
  • we are not the agents for any company or person in our directory.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

9. Limitations and exclusions of liability

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. We will not be liable to you in respect of any loss or corruption of any data, database or software. We will not be liable to you in respect of any special, indirect or consequential loss or damage.

Our aggregate liability to you under the terms of use will not exceed the total amount paid and payable by you to us under the terms of use (total – one year paid membership of transportweb).

You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms of use. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

Our liability to you will not extend to any membership related benefits, goods or services provided by an external provider. We specifically exclude liability for any loss or damage suffered by you as a result of your involvement in whatever manner with an external provider.
 

10. Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

11. Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

  • send you one or more formal warnings;
  • temporarily suspend your access to transportweb;
  • permanently prohibit you from accessing transportweb;
  • block computers using your IP address from accessing the website;
  • contact your internet services provider and request that they block your access to the website;
  • bring court proceedings against you for breach of contract or otherwise;
  • delete and/or edit any or all of your directory or website submissions; and/or
  • suspend and/or delete your account with transportweb.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

12. Third party web sites

transportweb hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

13. transportweb

“transportweb” and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

14. Competitions

From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).

15. Variation

We may revise these terms of use from time-to-time. Revised terms of membership will apply to the use of transportweb from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

16. Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

17. Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

18. Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

19. Entire agreement

These terms of use, together with our Privacy Policy, constitute the entire agreement between you and us in relation to your use of transportweb, and supersede all previous agreements in respect of your use of this website.

20. Law and jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales.
 

21. Use of Personal Data

The Personal Data you provide will be used to process your application for transportweb membership. Your data will be used for marketing, statistical and analytical purposes and to administer your membership. You may receive membership communications from time-to-time including news about offers. We will not pass any data onto a third party. 
 

22. Our details

transportweb is a trading division of This is Focus Ltd.
Registered in England & Wales – registration number: 07522150.
Registered address: 18a Heath Road, Nailsea, Bristol BS48 1AD.

Address for correspondence: 66 Queens Road, Clifton, Bristol BS8 1QU
[email protected]

transportweb terms of membership
v1.1, September 2013.