These terms and conditions (“terms”) apply to the following sites (“Websites”): (i) where you register to use our website at www.useyourlocal.com, (ii) any mobile version of our website, (iii) any of our mobile applications; and (iv) any of our associated websites (where you will see the words “powered by useyourlocal.com”).
“We” are Useyourlocal Limited (“we”/”us”/”our”. We are a company registered in Scotland (company number SC349564) with our registered office at 3-4 Broadway Park, South Gyle Broadway, Edinburgh, EH12 9JZ. If you have any questions about these terms or want to contact us then you can do so at email@example.com.
Where used in these terms “participating outlet” means any pub or bar that has a profile page on the Website.
YOUR AGE AND STATUS
BY REGISTERING FOR AN ACCOUNT ON OUR WEBSITE, YOU WILL BE ASKED TO ENTER YOUR DATE OF BIRTH TO CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD. YOU WARRANT TO US THAT YOU ARE AT LEAST 18 YEARS OF AGE, AND THAT YOU ARE CAPABLE OF ENTERING INTO A BINDING CONTRACT. IF WE KNOW OR SUSPECT THAT THIS INFORMATION HAS BEEN PROVIDED INCORRECTLY AND YOU ARE UNDER 18, WE WILL DISABLE YOUR ACCOUNT WITH IMMEDIATE EFFECT.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use the Website, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated in April 2017.
Use of the Website
We may update and change the Website from time to time to reflect changes to our services, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
We may suspend or withdraw the Website at our discretion.
The Website is made available free of charge.
We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
Your account allows you to access parts of the Website which are available to registered users only, and is for your own personal use. You are not permitted to allow others to access your account.
You must keep your account details safe
On registering for an account, you will be provided with a user name and password, and you may also be provided with other pieces of information as part of our security procedures. You must treat such information as confidential. You must not disclose it to anyone else.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
The Website is provided for non-commercial use. You may not use the Website or any content contained therein in connection with any commercial business, such as advertising or promoting a business, or soliciting trade for a business. We may disable or prevent access to your account and/or the Website if you are, or we reasonably believe you are, using the Website for commercial activity.
Material on the Website
All logos and other trade marks on the Website are our trade marks or are trade marks used by us under licence. You are not permitted to use them without our approval.
We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
Accuracy of Website
The content on the Website is provided for general information only. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied that the content on the Website is accurate, complete or up to date.
Third party links and Facebook
We are not responsible for websites we link to. Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
User generated content
User-generated content is not approved by us
This Website may include information and materials uploaded by other users of the Website, including to bulletin boards and reviews of drinks and/or participating outlets. This information and these materials have not been verified or approved by us. The views expressed by other users on the Website do not represent our views or values.
If you wish to complain about information and materials uploaded by other users please contact us on email@example.com.
Our responsibility for loss or damage suffered by you
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We may from time to time provide interactive services on our Website, including bulletin boards, review pages and “comments” and review sections which allow you to interact with (whether in real time or not), other users of the Website.
Where we provide any interactive services, we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of the potential risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
Uploading content to the Website
Whenever you make use of a feature that allows you to upload content to the Website, or to make contact or interact with other users of our Website, you must comply with the content standards set out in in this paragraph.
You warrant that all content provided by you via the Website or any third party website or application that links automatically to the Website will comply with the spirit and the letter of the following:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You warrant that any such contribution does comply with the above standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
You are solely responsible for securing and backing up your content.
Our rights in your content
Any content you upload to the Website, for example by completing reviews and submissions of drinks and participating outlets, or by uploading photographs or other content to the Website or message boards, will, in all cases be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are grant to us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties as set out in this section.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We are not responsible for viruses and you must not introduce them.
We do not guarantee that the Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
Suspension/termination of your account / use of Website
We have the right to suspend or terminate your account, and/or to remove any posting you make on the Website if, in our opinion, your post does not comply with the content standards set out in these terms.
Where these terms have been breached we may take such action as we deem appropriate.
In the event that you fail to comply with the section of these terms headed “uploading content to the Website” we may take all or any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use our Website;
- immediate, temporary or permanent removal of any posting or material uploaded by you to our Website;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against you;
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these terms by you. The responses described in these terms are not limited, and we may take any other action we reasonably deem appropriate.
Rules about linking to our Website
You may link to our home page, or the page of any participating outlet, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Website in any website that is not owned by you.
Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in these terms.
Which country’s laws apply to any disputes?