Definitions
In these terms and conditions:

“LIveryFinder” means Katatomic Limited (registered in England no. 03079293) with its registered office at The Granary, Gawsworth Business Court, North Rode, Cheshire CW12 2NX  trading as LIveryFinder.

“URL” means uniform resource locator which is a string of characters used to represent and identify a page of information on the World Wide Web.

“Website” means the collection of web pages with the URL www.liveryfinder.co.uk.

“Enhanced Listing” means a company profile page of fixed layout appearing on the Website and allowing display of; name, address, email address, website address, descriptive text, logo, and image gallery. A bulleted list of facilities and a location map will be added and generated automatically. An Enhanced Listing also supports the inclusion of event and news items for the company it relates to.

“Banner” means a graphical advertising banner displayed on the Website occupying a file of up to 20k of either 120 x 120 pixels or 160 x 120 pixels in JPG or GIF format and including a hyperlink to a target web page residing either on a remote third party website or an Enhanced Listing within the Website.

“Advertisement” means provision of either an Enhanced Listing or a Banner within the Website.

"Advertiser" means any person, partnership or company and/or its agent placing orders for an Advertisement on the Website.

“Advertiser Supplied Content” means text, images, URLs, event details, or new items supplied by the Advertiser either to LiveryFinder for the creation and/or update of Advertisements or directly by the Advertiser via the secure web based customer administration console provided for the control of Enhanced Listings.

“Rate Card” means LiveryFinder’s published sterling rate card outlining Advertisement fees for the then current calendar year (as may be updated from time to time).

“Order” means the order form or online booking form as completed by the Advertiser.

“Agreement” means the agreement between LiveryFinder and the Advertiser comprising the Order and these Terms and Conditions.

“Working Days” means 9am to 5pm any day Monday to Friday inclusive other than Christmas Day, Good Friday, bank and other official public holidays of the United Kingdom.

Interpretation
The headings to the clauses have been inserted for guidance only and shall not be deemed to form any part of the context or to be taken into consideration in the interpretation of these terms and conditions.

Words importing the singular meaning shall where the context so admits include the plural meaning and vice versa; and words importing the masculine gender shall where the context so admits include all genders.

A reference to a statute, statutory provision or other legislation is a reference to it as it is in force from time to time, taking account of any amendment or re-enactment.

These Terms and Conditions shall be governed by and construed according to English Law and the parties submit to the exclusive jurisdiction of the English courts.

Application of these Terms and Conditions
All Advertisements accepted for inclusion on the Website by LIveryFinder are accepted subject to these Terms and Conditions which shall apply to the exclusion of all other terms and conditions (including any which the Advertiser purports to apply under any purchase order, confirmation of order, specification or other document).  

Any variation to these Terms and Conditions and any representations about the Advertisement shall have no effect unless expressly agreed in writing and signed by an authorised representative of LiveryFinder.  

Content and Delivery of Advertisements and Advertiser Supplied Content
The setting live of an Advertisement on the Website by LiveryFinder does not mean that LiveryFinder accepts the Advertisement has been provided in accordance with these Terms and Conditions or that LiveryFinder has waived its rights under these Terms and Conditions.

The Advertiser guarantees to LiveryFinder that Advertiser Supplied Content supplied is accurate, complete, true and not misleading.

The Advertiser guarantees that the Advertiser Supplied Content is legal, decent, honest and truthful, is not contrary to the provisions of any applicable law, regulation or code of practice, is not libellous or obscene and does not infringe the rights of any person (including any person's intellectual property rights).

All information provided by the Advertiser for use in an Advertisement must be complete and accurate. If an Advertiser’s information changes the Advertiser will be responsible for providing LiveryFinder with the updated information or updating it themselves if in the form of an Enhanced Listing via the secure web based customer administration console provided. LIveryFinder shall not be held liable for any loss, damage or consequences as a result of inaccurate or incomplete information received from the Advertiser or added to the Website by the Advertiser.

The Advertiser guarantees that all Advertiser Supplied Content will be free of any viruses and no Advertiser Supplied Content will cause an adverse effect on the operation of the Website.
The Advertiser shall furnish in good time any Advertiser Supplied Content necessary for inclusion in and the preparation of any Advertisement in such form as LiveryFinder shall reasonably require.
The Advertiser warrants that LiveryFinder has been granted all necessary licences and consents for the display on the Website of any trade mark or copyright material contained in any Advertiser Supplied Material.

The Advertiser agrees not to supply or add any content which could reasonably be considered spam or unwanted advertising of products or services unrelated to the typical audience of the Website.

LIveryFinder may, without any responsibility to the Advertiser, reject, cancel or require any Advertisement to be amended that it considers unsuitable or contrary to these Terms and Conditions  and remove, suspend or change the content or position of any such Advertisement.

If LiveryFinder receives complaints about the content of an Advertisement it may, at its discretion, remove the Advertisement from the Website without reference or liability to the Advertiser.

Payment
The price for Advertisements shall be the price set out on LiveryFinder’s Website, Rate Card, or as part of the online booking process at the time of the Advertiser’s request for Advertising.
LiveryFinder reserves the right to amend the prices at any time.

Rates are quoted exclusive of Value Added Tax and any other applicable sales taxes. Any Value Added Tax or any other applicable tax due on an Advertisement will be paid by the Advertiser in addition to the Rate Card rates as shown separately on the invoice.

If due to an error the price on LiveryFinder’s website or Rate Card is wrong, LiveryFinder will inform the Advertiser of the current price and provide the Advertiser with the opportunity to cancel the Order if the correct price is unacceptable to the Advertiser.

LiveryFinder shall not be obliged to provide any Advertisements unless the full price has been paid.
Payment shall not be deemed to be paid until LiveryFinder has received cleared funds.

Unless payment is to be made in advance, accounts shall be paid no later than the due date specified on the invoice. The existence of a query on any individual item in an account shall not affect the due date of payment of the balance of the account.

LiveryFinder reserves the right to charge interest on any monies due which shall be in arrears and unpaid such interest being calculated from the due date until payment is made in full both before and after any judgment, at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 and LiveryFinder will be entitled to suspend the Advertisements until the outstanding amount has been received by LiveryFinder from the Advertiser. The Advertiser agrees to pay all costs of collection (including all legal expenses) incurred by LiveryFinder in connection with its enforcement of its rights under these Terms and Conditions.

Any queries or dispute relating to any invoice issued by LiveryFinder must be raised by the Advertiser within 30 days of receipt otherwise the invoice will be deemed accepted.

Cancellation
The Advertiser is entitled to cancel the Order in writing within 7 Working Days from the date of the Order (as it appears on the Order) to receive a 100% refund.

Cancellation will only be effective on confirmation of receipt of the Advertiser’s written cancellation notice.

If the Advertiser has paid sums for Advertisements in advance and is entitled to a refund LiveryFinder shall use its reasonable endeavours to pay such refund to the Advertiser within 30 Working Days of receipt of the written notice of cancellation.

LiveryFinder may at its election treat as cancellation the fact that the Advertiser is in breach of any of these Terms and Conditions, including any failure to pay fees when due.

If the Advertiser is insolvent or bankrupt LiveryFinder may treat the Order as cancelled.

Termination
LiveryFinder may terminate the contract immediately by serving notice in writing on the Advertiser if it discovers that the Advertiser has been in breach of any term, condition, warranty or provision contained in the Agreement and under such circumstances the Advertiser shall not be entitled to any refund of sums paid.

Any termination of the Contract (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect the continuance in force of any provision which is expressly or by implication intended to continue in force after such termination.
 
Liability and Indemnities
LIveryFinder will not be liable for any loss or damage direct or consequential, occasioned by error in the positioning of or omission to publish any Advertisement or for late publication of an Advertisement or failure to perform any other obligation whether occasioned by negligence or otherwise save in cases occasioned by the direct negligence of LiveryFinder in which case compensation may be negotiated up to a maximum of the cost of the Advertisement booked.

The Advertiser agrees to indemnify LIveryFinder and keep it indemnified at all times against all claims, proceedings, demands, damages, liabilities and costs arising in connection with or further to the subject of this agreement, including legal costs arising out of the provision and use of any Advertisement.

Any matter of complaint arising out of the publication of an Advertisement must be raised in writing with LiveryFinder.

LiveryFinder does not guarantee continuous, uninterrupted access by users of the Website but will use reasonable efforts to provide this.

LIveryFinder will not be responsible for any failure or delay in the Website where such failure or delay results from any act, omission, interruption, fault or other condition beyond the reasonable control of LiveryFinder.

With exception of the Advertiser’s payment obligations, neither LiveryFinder nor the Advertiser shall be liable to each other for any failure to comply with the terms of these Terms and Conditions as a result of any event beyond the control of either of them.
 
Force Majeure
LiveryFinder will not be responsible for any delay in, or failure in providing any Advertisement due to any occurrence commonly known as force majeure, including war, riots, embargoes, strikes, accidents or any other causes, circumstances or contingencies beyond LiveryFinder’s control which prevent or hinder the performance by LiveryFinder of any of its obligations including for the avoidance of doubt any failure or act or omission by any provider of telecommunication services.

General
Both parties shall use their best efforts to negotiate in good faith and settle amicably any dispute that may arise out of or relate to these Terms and Conditions or a breach thereof. If any such dispute cannot be settled amicably through ordinary negotiations by appropriate representatives of the parties the matter may be submitted for resolution to a court of competent jurisdiction, which shall be the courts of England and Wales.

If any provision of these terms and conditions is or becomes invalid, illegal or void, that shall not affect the validity and legality of the other provisions.

No failure or delay by LiveryFinder to exercise any  right or remedy provided under these terms and conditions or by law shall  constitute a waiver of that or any other right or remedy, nor shall it preclude  or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

The Advertiser is responsible for protecting their allocated username and password from unauthorised use. The Advertiser is also responsible for the security of any computer where they choose to remain signed in to the Website.

Although LIveryFinder takes reasonable steps to prevent the introduction of viruses or other destructive materials to the Website LIveryFinder does not guarantee that the service or materials that may be available from the Website do not contain such destructive features and shall not be liable for any damages or liability attributable to such features.

Except as expressly provided in these Terms and Conditions, no provision of these Terms and Conditions shall confer any right on any third party. To the fullest extent permitted by applicable law, the parties hereby exclude any such right (including any such right arising under statute).