Terms & Conditions

LEGAL NOTICE

This notice applies to the entire contents of this website under the domain name www.gopherdeals.co.uk (the Website). Please read the terms and conditions carefully before using this website. Please note that using this website indicates that you have accepted these terms. If you do not accept these terms and conditions, do not use this website.

This notice is issued by the owner of this website, Michael James Advertising Ltd whose registered office is at 15 Queen Square, Leeds, LS2 8AJ with registered company number 6409783 (the Owner).

1. INTRODUCTION
By accessing any part of this Website, it shall be regarded that you have read and accepted the terms of this legal notice in full. If you do not accept the terms of this legal notice in full, you must leave this Website immediately.

The Owner may change this legal notice at any time by updating this notice. You should check this Website from time to time to review the then current legal notice because it is binding on you. Certain provisions of this legal notice may be amended or superseded by expressly designated legal notices or terms located on particular pages at this Website.
Before participating in any offers and/or promotions, please read the details associated with it and confirm that any vendor you are doing business with is legitimate and reputable. If you have any questions or comments, please contact us using our website contact form.

2. VISITOR MATERIAL AND CONDUCT
To register on the website, and to receive and redeem alcoholic drinks promotions you must be over eighteen years of age.

You must ensure that the details provided by you on registration or at any time are correct and complete.

You must inform us as soon as possible of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.

You are prohibited from posting or transmitting to or from this website any material:

that is threatening, offensive, obscene, indecent, defamatory, seditious, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
for which you have not obtained all necessary licences and/or approvals; or
which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
which injures any third party and/or their intellectual property rights.
You may not misuse the Website (including, without limitation, by hacking).

Any material that is posted by you (website visitor) is your responsibility. You must never harass others or defame a business or upload material that other website visitors may find offensive or abusive.

Listed businesses, their employees and anyone in connection with the website’s advertiser’s are forbidden to promote their own business and it’s services through the user generated content sections such as the offer ratings and comment forums.

You are prohibited from posting links to third party websites and posting any promotion of other products and services without prior consent from the Owner.

The Owner shall fully co-operate with any law enforcement authorities or court order requesting or directing the Owner to disclose the identity or locate anyone posting or transmitting any material in breach of the clauses mentioned above.

The Owner shall have the right (at its absolute discretion and without obligation to provide notice of any kind) to remove and/or delete any material posted or transmitted to the Website which it believes at its absolute discretion falls within the categories described in the clauses above.

3. COPYRIGHT AND PERMITTED USE
Unless otherwise stated, the copyright and other intellectual property rights in this Website are owned by the Owner or its licensors . The website and any graphical and textual content associated, including but not limited to logos, labels, slogans, and captions, are trademarks of the owners or their clients. All rights are reserved.

You are hereby granted permission to view, store, print, and redeem any offers within this website, or portions thereof, for non-commercial use. In addition, you agree not to use any pages within this website, or portions thereof, in any manner inconsistent with the foregoing, or in any manner damaging to or disparaging the reputation of GopherDeals.co.uk / Michael James Advertising Ltd or its services, products or personnel.

4. SERVICE ACCESS
While the Owner endeavours to ensure that this Website is normally available 24 hours a day, the Owner shall not be liable if for any reason this Website is unavailable at any time or for any period.

Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Owner’s control.

5. LINKS TO AND FROM OTHER WEBSITES
Links to third party websites on this Website are provided solely for your convenience. Links to third party websites that are posted on this Website are not the responsibility of the Owner. If you use these links, you leave this Website. The Owner does not control and is not responsible for these websites or their content or availability. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

6. DISCLAIMER
While the Owner endeavours to ensure that the information and data on this Website is correct, you recognize that the Website contains third party material in addition to the Owner’s own and therefore the Owner does not warrant the accuracy and completeness of any material on this website nor any results obtained from this Website. The Owner may make changes to the material on this website at any time without notice. The material on this website may be out of date, and the owner makes no commitment to update such material.

The Owner is not responsible for any aspect of third party relationships such as the one between you as a customer and the advertising establishment providing the voucher or promotion. It is the advertising business’ responsibility to meet and provide the promotions as stated on the Website to the best of their ability.

All vouchers (including SMS text vouchers) are offered subject to availability and the offer stated within each voucher can only be claimed within the periods stated on the voucher and no monetary value equivalent will be offered in exchange for the voucher.

7. LIABILITY
The Owner and any other party (whether or not involved in creating, producing, maintaining or delivering this website), and any of the Owners officers, directors, employees or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party in connection with the Website in any way or in connection with the use, inability to use any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

Nothing in this legal notice shall exclude or limit the Owner’s liability for:

death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or fraud; or any liability which cannot be excluded or limited under applicable law.

8. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
Nothing in this agreement is intended to confer rights to any person or company not party to it and the provisions of the Contracts (Rights of Third Parties) Act 1999 are hereby expressly excluded.

9. GOVERNING LAW AND JURISDICTION
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.

Terms and Conditions of Michael James Advertising Ltd with Advertising Customers through GopherDeals.co.uk

THE SERVICES
All advertisements accepted for publication by Michael James Advertising Limited on Gopherdeals.co.uk are accepted subject to these terms and conditions. Any other conditions proposed by you shall be void unless accepted by Michael James Advertising Limited in writing.

The GopherDeals.co.uk marketing service (membership) with offers, flyer distribution, website and company features, are owned and operated by Michael James Advertising Ltd (the Owner) and are hereafter known as “the ‘Services”.

Definitions

“the Owner” as defined above;
“You” means the advertiser using the Services;
“Services” as defined above;
“Website” means Gopherdeals.co.uk

1. REGISTRATION
To access the Website’s Services you must be over eighteen years of age.

You must ensure that the details provided by you on registration or at any time are correct and complete.

You must inform the Owner immediately of any changes to the information that you provided when registering by updating your business details in order that the Owner can communicate with you effectively.

2. ADVERTISERS’ CONTENT & CONDUCT
You are prohibited from posting or transmitting to or from the Website any material:

that is deliberately false or misleading in its content; or
that is misleading by virtue of an omission; or
that is offensive, threatening, defamatory, obscene, indecent, seditious, , pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
for which you have not obtained all necessary licences and/or approvals; or
which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
which injures any third party and/or breaches their intellectual property rights;
which is prejudicial to the image of the Owner or the Website;
You are responsible for adhering to the offers / promotions / listings and their terms and conditions that you have posted, agreed with or submitted on to the Website.

You are responsible for managing the content (which includes updates, changes, and correction) of your account information that is displayed to users accessing the Website.

The free business listing content shall only contain basic information consisting of: business name, address, telephone number, opening times and description detailing the type of business and the appropriate promotion allowed at the owners discretion.

The Owner shall not be responsible for any mistakes or misinformation of your business that is uploaded onto the Website.

The Owner shall not be responsible for any mistakes or misinformation that is uploaded onto the Website through transferring copy that has been pre-approved via a signed order form or via email from you.

After the initial upload from the start date of the Services, your content uploaded onto the Website by the Owner shall be limited to four amends within a twelve month period. Any additional amends will incur a charge of £50 per amendment.

You may not misuse the Website (including, without limitation, by hacking).

You are forbidden to promote your own business and its services through the user generated content sections such as the offer ratings and comment forums.

The Owner shall fully co-operate with any law enforcement authorities or court order requesting or directing the Owner to disclose the identity or locate anyone posting or transmitting any material in breach of these terms and conditions.

The Owner shall have the right (at its absolute discretion and without obligation to provide notice of any kind) to remove and/or delete any material posted or transmitted to the Website that it believes at its absolute discretion falls within the categories described in the clauses above.

You are responsible for ensuring that the content of your advertisement complies with applicable laws, relevant regulatory provisions and any code of practice applicable in England and Wales.

Your advertisement will only be published on the Website if it is delivered in accordance with these terms and conditions, approved by the Owner and comply with all applicable laws and regulations.

3. PAYMENT & SERVICES

Any work provided by the Owner will be subject to a charge with the exception of the standard free business listing and any promotional free advertising period.

The chosen chargeable advertising package will be eligible for immediate payment from the date of purchase or as agreed on the invoice issued. The ‘date of purchase’ is the commencement date on your first invoice.

Agreement of these terms and conditions via a signed order form or email communication from the advertiser is binding in law to pay the full agreed amount.

Payments are to be made by standing orders, BACS, cash or cheque and will be accepted at the Owner’s discretion.

On the placement of an order, the customer must provide information required to produce the necessary work. Failure to meet requests to supply this information will not prejudice the charges.

The Owner reserves the right to vary its prices without notice to you.

By signing the Website’s or the Owner’s  order form, agreeing via email communication or by entering your business’ details in the appropriate fields on the Website you are committed to payment in full on production of the order and accept these terms and conditions in respect of your chosen service.

All charges for Services ordered online or offline are payable direct to the Owner. Any leniency by the Owner, with respect to the payment period, membership period, charges and method, is entirely at its discretion.

The Owner reserves the right at their sole discretion to add, delete or change some or all of the Services offered by the Owner including all or any aspects of the Website(including the Uniform Resource Locator (URL)) at any time without notice to you.

4. EXCLUSIONS & LIMITATIONS OF LIABILITY
The Owner takes no responsibility or accepts any liability for the content and views published on this Website by the Website’s visitors

The Owner uses reasonable skill and care in operating the Website and in providing the Services. Whilst they endeavour to provide an exemplary service, they make no representation and exclude any warranty, express or implied, as to the availability, quality, accuracy, timeliness, completeness, performance or fitness of the Website or the Services. The Website is provided on an “as is” and “as available” basis and the Owner does not warrant that you or any users will be able to access the Website at all times or that it will be absolutely secure, uninterrupted or free from infection and viruses. They will not be responsible for your failure to provide Services as a result of your inclusion on the Website, for errors that relate to the provision of the Services, or for technical problems that may hinder the efficiency of the Website.

The Owner shall not be liable in any way for any damages arising in contract or otherwise in respect of loss or damage arising out of or in connection with this contract or operation of, or your use of the Website and/or the Services. In no event will they be liable for any direct, indirect or consequential damages in contract or otherwise, including loss of profit, loss or damage to property or relating to claims made by third parties.

The Owner gives no assurance as to the positioning and prominence of business listings within the Services provided by the Website. The positioning of local listings aims to be based on the geographical information set by the individual users of the site, with the nearest first and descending accordingly or in alphabetical order. Whilst the Owner endeavours to provide an exemplary service, they cannot guarantee complete accuracy to this effect.

All advertisements on the Website are subject to space being available.

You hereby agree to indemnify, defend and hold the Owner harmless for all liability, claims, damages and costs, including reasonable legal fees, arising out of or in connection with a breach of your obligations, representations and warranties in respect of information provided by you in connection with the Services as provided in this agreement.

5. TERM & TERMINATION

The chargeable services are provided for once the full payment for them has been received. Failure to make payments on time will result in termination of the Services until the outstanding payment is made and the Owner reserves the right to charge interest at a daily rate of 4% over the Bank of England base rate. The Owner will not refund any payments made in respect of the remainder of the period.

Standard free of charge business listings have an open ended term.

Any leniency by the Owner, with respect to the services term, is entirely at its discretion.

If you do not wish to continue your business listing on GopherDeals.co.uk you must inform us through writing via email, or through our website contact form or in writing via post to GopherDeals.co.uk, 15 Queen Square, Leeds, LS2 8AJ.

You may otherwise only terminate this agreement in accordance with the clause below.
The Owner may terminate this agreement with you immediately and at any time without notice but, if you demonstrate that the Owner has terminated without any breach by you of your obligations, the Owner will refund to you a sum representing the part of the Services attributable to the un-expired period to the next renewal date of your contract. In addition, the Owner may, by at least 7 days notice to you in advance, choose not to renew this agreement at the next monthly payment.

The Owner may terminate this agreement if there is a change in the law or in regulations which restricts or prevents the Website being accessible to you.

6. GOVERNING LAW & JURISDICTION
These terms shall be governed by and interpreted in accordance with English law.

The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute, which may arise out of, under, or in connection with these terms and conditions.

For our exclusive benefit, the Owner shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms are entered into in the course of your trade or profession, the country of your principal place of business.

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