Harrogate Business Directory

1. Interpretation

1.1. In these Conditions:
"OUR SITE" means www.businessharrogate.co.uk;

"PRIVACY POLICY" means our privacy policy set out in Our Sites and which may be viewed at [link to Privacy Policy];

"BUSINESSES" means organisations that are in Harrogate and that have posted
their details or advertisements on Our Sites;

"SERVICE" means the service to be provided by us for allowing you to access and browse the information on Our Sites posted by local authorities and Businesses;

"USER TERMS" means these terms and conditions of service together with the terms and conditions set out in the Privacy Policy;

"WE, US, OUR" means Harrogate Borough Council and any partner organisations signed up to the Harrogate Business Directory;

"YOU" means you, the person who wishes to use Our Sites and the Service.

2. Supply of the Service

2.1. We shall provide the Service to you subject to these User Terms. Should we make any changes or additions or updates to the Service or the User Terms the most current version will be posted on Our Sites. By using the Service you are deemed to have accepted the User Terms.

3. Terms of Use of Our Site and the Service

3.1. It is important that you read and understand the User Terms that will apply to this contract before proceeding. If there is any term that you do not understand or do not wish to agree to then please do not proceed to use Our Site. Only use Our Site if you wish to be bound by these User Terms. You agree to use Our Sites for your own, personal use and understand that we may terminate your use of Our Site at any time for any reason whatsoever upon notice.

4. Privacy Policy

4.1. Details provided by you and certain other information about you is subject to our Privacy Policy. By using Our Site you agree to be bound by our Privacy Policy. You must review this policy before proceeding and if you do not you will be in breach of these User Terms.

5. Proprietary Rights

5.1. All text, graphics (including video graphics), pictures, software, source code, sound recordings, music and other materials is protected by copyright and is either owned or licensed to Harrogate Borough Council.

5.2. You grant to us a world-wide, royalty-free, irrevocable, non-exclusive licence (including the right to sub-license) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content (in whole or part) you upload, post or e-mail and/or to incorporate such content in other works in any form, media or technology now known or developed. Notwithstanding the provisions of this clause, if you consider any work by us to be an infringement of any of your intellectual property or other proprietary rights please contact us at edu@harrogate.gov.uk setting out the details of your claim.

5.3. We are the proprietors of all software used in connection with the Service except such software which is owned by third parties ("the Software"). At our sole discretion, we may grant you a personal, non-transferable and non-exclusive right and licence (or sub-licence in the case of third party rights which have been licensed to us) to use the object code of the Software for the purpose of accessing the Software, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Software or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.

6. Warranties and Liability

6.1. We warrant to you that the Service will be provided using reasonable care and skill. Where we supply in connection with the provision of the Service any goods supplied by a third party, we do not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign to you the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to us.

6.2. As Our Site is on the world wide web and there are third parties inputting data on Our Site, you understand and accept:

6.2.1 We make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in Our Sites by third parties. The information contained on Our Site may contain technical inaccuracies or typographical errors. All our liability howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law;

6.2.2 We do not warrant or represent or guarantee in any way that your use of the Services or our Site will be secure uninterrupted always available or error-free or will meet your requirements or that any defects in the Services provided by us or Our Site will be corrected. We do however promise that all errors and defects will be corrected within a reasonable time frame;

6.2.3 We do not warrant or represent or guarantee in any way that: (a) all statements of users of Our Site will be true and accurate; or that (b) the users of Our Site will be honest; and neither we nor any of our directors, employees, partners, agents or other representatives will be liable for loss or damage suffered by you arising out of or in connection with any user of our Site providing false or inaccurate information to you or acting in a dishonest manner;

6.2.4 There may be links to other Internet web sites on Our Site that we neither control nor endorse any content on these other sites. You acknowledge and agree that we shall not be held liable for or responsible for the legality or accuracy of any content whatsoever located on or through another website that does not belong to us or any loss or damage suffered by you whatsoever arising out of or in connection with the use of these other Internet web sites. By offering you these links, we do not either impliedly or expressly endorse anything contained on such web sites or have any association with the operators of such web sites. We also expressly exclude liability for any inaccurate, offensive, defamatory or obscene material that appears on these sites;

6.3. Notwithstanding the foregoing, none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

7. Responsibility

7.1. You agree to be responsible for any direct or indirect loss or damage (including, but not limited to, consequential loss and loss of profits, goodwill or business opportunities) claims proceedings costs and expenses whatsoever arising from any third party claim in any jurisdiction in relation to any breach of the provisions of the User Terms by you or your use of the Service or any breach by you of any third party rights.

7.2. You agree to indemnify us for whatever loss or damage (including, but not limited to, consequential loss and loss of profits, goodwill or business opportunities) claims proceedings costs and expenses whatsoever arising from any third party claim in any jurisdiction in relation to any breach of the provisions of the User Terms by you or your use of the Service or any breach by you of any third party rights.

8. Invalidity

8.1. If any parts of the User Terms are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the User Terms will not be affected. In particular, you understand and accept that each warranty, exclusion and indemnity given in the User Terms shall be read and construed independently of the other warranties, exclusions and indemnities herein as entirely separate and independent warranties, exclusions and indemnities and on its own and if any such provision is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, the legality, validity or enforceability in that jurisdiction of the remaining warranties, exclusions and indemnities shall not in any way be affected or impaired thereby.

8.2. Whilst all the warranties, exclusions and indemnities herein are considered by you to be reasonable in all the circumstances, if any one or more should for any reason be held to be invalid but would have been held to be valid if part of the wording thereof was deleted, the said warranties, exclusions and indemnities shall apply with the minimum modifications necessary to make them valid and effective.

9. Notices

9.1. Unless otherwise expressly stated in the User Terms, all notices from you to us must be sent in writing to our e-mail address at edu@harrogate.gov.uk and all notices from us to you will be displayed on Our Sites from time to time.

10. Third party rights

10.1. Except for our affiliates, directors, employees or representatives, a person who is not a party to the User Terms has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of the User Terms but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

11. Conflict with Privacy Policy

11.1. If there shall be any conflict between the provisions of these Terms and the provisions of our Privacy Policy then the provisions of these Terms shall prevail.

12. Governing law

12.1. The User Terms and any contract for the supply of services between us shall be governed by and interpreted in accordance with the laws of England and Wales and the English courts shall have jurisdiction to resolve any disputes between us. For the avoidance of doubt the User Terms and any contract for the supply of services between us shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods or Services.

12.2. Our Sites are targeted at inhabitants of the United Kingdom.

IF YOU DO NOT AGREE WITH ANY OF THESE USER TERMS PLEASE DO NOT USE OUR SITE AND CONTACT US IMMEDIATELY IN ACCORDANCE WITH CLAUSE 9

Business Information Disclaimer


While every care has been taken in the preparation of this Business Directory, Harrogate Borough Council cannot guarantee the accuracy of the information it contains nor can it accept liability whatsoever for any error, misrepresentation or inaccuracy of any kind - or any loss arising there from.�

Harrogate Borough Council (HBC) and its partner, Bell Hanson, makes every effort to ensure that the information on this website is accurate and up-to-date. However, we cannot accept responsibility for any loss or inconvenience caused by reliance on inaccurate material contained in this site.

This Business Directory, and the information contained within it, is set out as a general outline only and do not constitute, nor constitute any part of, an offer or contract. No individual involved in the provision of information on or via this website has any authority to make or give any representation or warranty whatever in relation to the business.� All descriptions and any other details are given without responsibility and any intending purchasers or suppliers should not rely on them as statements or representations of fact but must satisfy themselves as to the correctness of each of them. No individual involved in the provision of information on or via this website has any authority to make or give any representation or warranty whatever in relation to the business.