IMPORTANT LEGAL NOTICE
This page tells you the terms and conditions on which we (referred to as “the Company” in the Terms and Conditions below) supply any of the services listed on www.plotfinder.net to you (referred to as “the User” in the Terms and Conditions below). Please read these Terms and Conditions carefully before ordering any services from www.plotfinder.net. You should understand that by ordering the services, you agree to be bound by these Terms and Conditions.
Please note in particular clauses 2 (Liability etc), 4 (Purchases and Subscriptions) and 8 to 11 (Cancellation Rights).
You should print a copy of these Terms and Conditions for future reference.
[Please click on the relevant button on www.plotfinder.net to show that you accept these Terms and Conditions.] Please understand that if you refuse to accept these Terms and Conditions, you will not be able to order any services from www.plotfinder.net.
INFORMATION ABOUT US
www.plotfinder.net is owned and operated by the Company.
The Company’s main trading address is 2 Sugar Brook Court, Aston Road, Bromsgrove B60 3EX. Our VAT number is GB 429639515.
The Company has in place of policy of professional liability insurance which covers its activities in [England and Wales]. The contact details for such insurers are [INSERT NAME AND ADDRESS]
If you have any questions or if you have any complaints, please contact the Company by telephoning the customer service team at 01527 834435 or by e-mailing us.
If you wish to contact the Company in writing, or if any clause in these Terms and Conditions requires you to give the Company notice in writing (for example, to cancel the Contract), you can send this by e-mail, by hand, or by pre-paid post to Ascent Publishing Limited at 2 Sugar Brook Court, Aston Road, Bromsgrove B60 3EX or firstname.lastname@example.org. The Company will confirm receipt of this by contacting you in writing. If the Company has to contact you or give you notice in writing, it will do so by e-mail, by hand, or by pre-paid post to the address you provide to it in the order.
By placing an order for services through www.plotfinder.net, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old.
These Terms and Conditions, and any Contract between you and the Company, are only in the English language.
- In these Terms and Conditions, the following words and phrases shall bear the following meanings:
• “the Company” means Ascent Publishing Limited, registered in England and Wales under company number 2561341, whose registered office is at Wells Point, 79 Wells Street, London W1T 3QN; and whose ultimate parent company is Centaur Media plc. “Centaur” means any company in the Centaur Media plc group of companies.
• “Material” means data or information in any format, including without limitation text, images, photographs, graphics, video or sound material whether existing at the time of registration or not, published on www.plotfinder.net, whether copyright of Centaur or of a third party and which is communicated or transmitted to the User in using www.plotfinder.net.
• “www.plotfinder.net” means the website owned and/or operated by the Company.
• “Terms and Conditions” means these terms and conditions.
• “the User” means any person who accesses or uses www.plotfinder.net.
USE OF WWW.PLOTFINDER.NET
2. By accessing or using www.plotfinder.net the User agrees to fully comply with these Terms and Conditions and accepts the limitations and exclusions of the Company’s liability to the User as set out in clauses 23 to 28 (Limitation of Liability), 29 to 32 (Events Outside The Company’s Control) and 38 (Miscellaneous). If the User does not wish to be bound by them it should leave www.plotfinder.net now and not use this site in the future.
3.1. unique user ID allocated to a User by the Company, and/or
3.2. password chosen by that User and agreed by the Company
are not transferable, and the User shall keep them strictly confidential and secure. The User must notify the Company immediately if any unauthorised use comes to its attention.
PURCHASES AND SUBSCRIPTIONS FROM WWW.PLOTFINDER.NET
4. After placing an order and making payment online, the User will receive two e-mails from the Company, one acknowledging that it has received the order and the other confirming the payment. Please note that this does not mean that the order has been accepted. The order constitutes an offer to the Company to make a purchase or to subscribe. All orders remain subject to acceptance by the Company, which will confirm such acceptance by sending the User an e-mail stating that the order has been accepted (“Acceptance Confirmation”) at the price paid by the User. The contract between the parties (“Contract”) will only be formed when the Company sends the Acceptance Confirmation to the User.
5. [The Acceptance Confirmation shall confirm the User’s ID and password OR The User’s ID and password shall be confirmed to the User by email following receipt of the Acceptance Confirmation] whereupon it shall be able to access and use www.plotfinder.net.
6. If the Company is unable to accept an order, it will inform the User of this by e-mail and will not process the order. If the User has already made payment, the Company will refund the full amount onto the relevant credit or debit card as soon as possible.
7. The Contract shall continue in full force and effect until terminated by either party in accordance with clauses 8, 9 or 10 (Cancellation Rights).
8. The User may cancel the Contract at any time within seven (7) working days, beginning on the date the User is sent the Acceptance Confirmation (“Cancellation Period”). In this case, the User will receive a full refund of the price paid for the order.
9. At any time after the Cancellation Period, the User may cancel the Contract by giving the Company 30 days’ written notice.
10. The Company may cancel the Contract:
10.1. by giving the User 90 days’ written notice;
10.2. by giving the User written notice if the User breaks the Contract in any material way and it does not correct or fix the situation within 14 days of the Company asking the User to do so in writing;
10.3. if the Company is affected by an Event outside its control (in accordance with 32 (Event Outside The Company’s Control)); or
10.4. immediately in accordance with clause 19 (Submitting Material).
11. To cancel the Contract, the User must inform the Company by email or post using the details set out in the “Information About Us” section above.
PRICE AND PAYMENT
12. Payment must be made with most credit or debit cards; however the Company does not accept payments by VISA Electron.
13. Please note that all credit or debit card refunds will be issued in sterling. The User’s credit card company will convert the sterling amount into the relevant local currency and may charge an additional fee for completing the transaction. For queries about credit card refunds please contact the Customer Services Team as set out in the “Information About Us” section above.
14. The price of purchases and subscriptions will be as quoted on www.plotfinder.net from time to time, except in cases of obvious error, in which case clause 17 below will apply.
15. Prices quoted on www.plotfinder.net include VAT.
16. Prices are liable to change at any time, but changes will not affect orders in respect of which the Company has already sent an Acceptance Confirmation.
17. The Company is under no obligation to provide any services to Users at the incorrect (lower) price, even after the Company has sent an Acceptance Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by the User as a mis-pricing.
SUBMITTING MATERIAL TO WWW.PLOTFINDER.NET
18. In order to submit material to www.plotfinder.net the User may be required to register a unique user ID and password in accordance with clause 3 (Use of www.plotfinder.net). In this event the User undertakes not to share that ID/password with any other person, maliciously create additional registration accounts for the purpose of abusing the functionality of the site, or other users, nor to seek to pass itself off as another User.
19. The Company has the right to disable any user ID or password, whether chosen by the User or allocated by the Company, at any time, if in its reasonable opinion the User has failed to comply with any of the provisions of these Terms and Conditions.
20. Any submission of Material by the User (“Contributed Material”) will be on the following terms:
20.1. The User grants the Company a non-exclusive, non-transferable, perpetual, royalty-free, worldwide licence to publish or use the Contributed Material in any format, including in other products of the Company. The licence shall include the right for any User to access and use the Contributed Material.
20.2. The User warrants to the Company that all rights including intellectual property and moral rights in Contributed Material belong to the User or the User has received all necessary permissions to submit it to the Company.
20.3. The User warrants to the Company that any Contributed Material submitted:
(a) is not obscene, offensive, libellous or defamatory of any person or otherwise in breach of any applicable laws;
(b) does not concern the private life of any individual, their personal data, or material which is false, defamatory, vulgar, obscene, threatening, harassing, likely to prejudice legal proceedings which are “active” for the purposes of the Contempt of Court Act 1981, or otherwise in contempt of court or unlawful; and
(c) does not infringe the copyright or moral rights of any third party.
20.4. If applicable to the site, Users will also comply with the House Rules as published by the Company from time to time (which can be found at [www.plotfinder.net]).
20.5. The Company may provide a User’s details to a third party where, in the Company’s reasonable opinion, any Contributed Material is in breach of these Terms and Conditions and a third party has a legitimate interest in obtaining those details for the purposes of pursuing legal action in relation to the Contributed Material submitted. Each User acknowledges that the Company may also be required to hand over such information by order of a court of law.
20.6. The Company at its sole discretion reserves the right to make additions or deletions to, edit, crop or arrange Contributed Material prior to publication, or not to publish it in part or in whole. The Company may do so without giving any reason but the User should note that Contributed Material that is off-topic or deemed by the Company to be unnecessarily antagonistic is likely to be rejected. In addition the Company may take down postings where it thinks that they may breach the terms of clause 20.3 above or where a complaint is made. The Company’s decision is final.
20.7. The Company shall make no payment for Contributed Material submitted and used under these Terms and Conditions.
USE OF MATERIAL
21. Subject to clause 33 and 34 (Trademarks and Intellectual Property) the User may download Material electronically; print extracts and/or make copies of these for its own personal and non-commercial use only. This does not include downloading, storing, transmitting, displaying, copying or distributing Material, or extracts from it, in a structured manner or creating a database in any form comprising all or part of the Material.
23. If the Company fails to comply with these Terms and Conditions, it is responsible for loss or damage the User suffers that is a foreseeable result of the Company’s breach of these Terms and Conditions or its negligence, but it is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of the breach or if they were contemplated by both parties at the time the Contract was entered into.
24. The Company only allows access to www.plotfinder.net for domestic and private use. The User agrees not to use www.plotfinder.net for any commercial, business or re-sale purposes, and the Company shall have no liability to the User for any loss of profit, loss of business, business interruption, or loss of business opportunity.
25. The Company does not in any way exclude or limit its liability for:
25.1. death or personal injury caused by its negligence; or
25.2. fraud or fraudulent misrepresentation.
25.3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or
25.4. breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).
26. Subject to the Company’s general obligations under law (some of which are described in Clause 26 above), the Company does not make any representation or give any warranty or promise, either express or implied:
26.1. in relation to the accuracy or merchantability of any information, goods or services offered, accessed or obtained through www.plotfinder.net;
26.2. in relation to whether such information or services infringe the copyright or patent rights of others;
26.3. for the content, accuracy, integrity, lawfulness or otherwise of information on websites over which the Company has no control;
26.4. as to the suitability of the information and data on www.plotfinder.net for any particular purpose; or
26.5. that the information and data on www.plotfinder.net site is free of infection by computer viruses or other contamination.
27. The Company and its agents or representatives do not endorse or in any respect warrant any third party products or services by virtue of any advertisement, information, material or content referred to, or included on, or linked from or to www.plotfinder.net.
28. www.plotfinder.net does not purport to provide advice. Although care is taken in the preparation of information supplied by www.plotfinder.net, the Company is not responsible for Users taking or refraining from taking actions on the basis of information provided by www.plotfinder.net.
EVENT OUTSIDE THE COMPANY’S CONTROL
29. The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms and Conditions that is caused by an event outside of its control (“Event”).
30. An Event for the purposes of this clause means any act or event beyond the Company’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
31. If an Event takes place that affects the performance of the Company’s obligations under these Terms and Conditions:
31.1. the Company will contact the User as soon as reasonably possible to notify it; and
31.2. the Company’s obligations under these Terms and Conditions will be suspended and the time for performance of its obligations will be extended for the duration of the Event. Where the Event affects www.plotfinder.net, the Company will resume access to the site as soon as reasonably possible after the Event is over.
32. The User may cancel the Contract if an Event takes place and it no longer wishes to use www.plotfinder.net in accordance with clause 10 (Cancellation Rights). The Company will only cancel the Contract if the Event continues for longer than 4 weeks.
TRADEMARKS AND INTELLECTUAL PROPERTY
33. All rights in www.plotfinder.net, the Material, and any other content displayed on www.plotfinder.net are owned by or licensed to the Company and are reserved.
34. All Material other than that submitted by Users on www.plotfinder.net is the property of the Company. Reproduction without the Company’s permission is prohibited. For such permission Users should write to the Company Secretary of the Company at the registered address set out in clause 1 (Interpretation).
36. Users who wish to advertise on a Company website, other than directly through www.plotfinder.net, will find the contact information on the relevant Company website.
37. The Company reserves the right to remove, alter, change or vary www.plotfinder.net at any time without notice but shall not materially alter the services available on the site.
38. The Company shall endeavour to provide constant, uninterrupted access to www.plotfinder.net but cannot and does not guarantee to do so, and accepts no responsibility or liability for any interruption or delay which is not material.
39. The Company will not file a copy of the Contract between it and the User.
APPLICABLE LAW AND JURISDICTION
40. These Terms and Conditions, and the provision of www.plotfinder.net, are governed by the Laws of England and shall be subject to the non-exclusive jurisdiction of the English courts. However, if the User is a resident of Northern Ireland it may also bring proceedings in Northern Ireland, and if it is a resident of Scotland, it may also bring proceedings in Scotland. Users resident in other member states of the European Union may bring proceedings in their own domestic courts where the bringing of such proceedings cannot legally be excluded.
CHANGES TO TERMS AND CONDITIONS
41. Subject to clause 42 below, the Company may only vary or amend these Terms and Conditions with the User’s agreement.
42. Notwithstanding clause 41 above, the Company may revise the following clauses which relate to the use of www.plotfinder.net at any time:
42.1. clauses 2 and 3 (Use of www.plotfinder.net);
42.2. clauses 18, 19 and 20 (Submitting Material to www.plotfinder.net);
42.3. clause 21 (Use of Material); and
42.4. clauses 33 and 34 (Trademarks and Intellectual Property).
The User should check www.plotfinder.net from time to time to take notice of any changes to these Terms and Conditions, as they are binding on it.
These Terms and Conditions were last revised in February 2013.