TERMS & CONDITIONS

1. THIS AGREEMENT

1.1 This user agreement is a legal document which describes the terms and conditions applicable to SWA provision of the website and your use of our service, you must read and agree to be bound by all of the terms and conditions contained in this user agreement and the privacy policy. If you do not agree with these user terms and the privacy policy in their entirety, you must exit the website immediately. By continuing to use the website you agree that you accept the user terms and the privacy policy and agree to be bound by them.

1.2 SWA reserves the right to remove, add to and change these terms and conditions at its sole discretion without your consent. The new version will be posted onto the website and will take effect after 14 days of such a posting (or any later date indicated in the posting). If you do not agree to be bound by the amended agreement you should no longer use the website; by continuing to use the website you agree that you accept the amended agreement and agree to be bound by the new agreement.

1.3 No amendment of variation of this agreement by you is valid except when arrangements are made and recorded in writing duly authorized and agreed by an authorized official or representative of SWA.

1.4 These terms and conditions shall be governed by and construed in accordance with English Law and subject to the non-exclusive jurisdiction of the English Courts. SWA makes no representation that any of the information is appropriate for use in any other jurisdiction.

1.5 If any of this agreement is held to be invalid or unenforceable by judicial decree or decision such provision shall be struck and the remainder of the agreement shall remain valid and enforceable.

1.6 This agreement does not affect any rights that you may have under the provision of any applicable law or regulation.


2. YOUR USE OF THE WEBSITE

2.1 You agree that you will use the website in accordance with the user agreement and you agree that:-

(i) To offer any item for sale or rent you are legally able to enter into contracts for purchase, sale or hire of the items in question. By advertising an item for sale you assert that you are legally entitled to pass ownership of that item.

(ii) You undertake to register for the purpose of placing an advert using your correct name, address and any other requested details.

(iii) For the purpose of placing an advert using a prepayment card you must ensure that you are the legal owner of the card and have the right to use it.

(iv) For the purpose of placing an advert and making payment by a credit or debit card you must ensure that you are legally entitled to use that card and that you have sufficient funds available to cover the purchase price of the advertisement.

(v) You will accurately describe items advertised and you are liable for any errors or omissions in your descriptions. Any brand names or other indication of origin of manufacture which you include in your description must be completely accurate and you will not knowingly include any false or misleading claims.

(vi) You will ensure that any item advertised for sale or hire or service offered will not infringe the intellectual property rights of any person or entity, breach any law or be offensive, obscene, pornographic, false or misleading.

(vii) You will, when placing an advertisement on the website, represent yourself truthfully as an agent, trader or private seller.

(viii) You will not upload, download, store, send, publish or receive any material that is illegal, offensive, indecent, abusive, obscene, immoral or defamatory or material that breaches any other person or companies, intellectual property rights or breaches the confidentiality of any person or company.

(ix) You will not use the website to send multiple unsolicited e-mails or messages or cause any other person inconvenience or annoyance. You will not copy or induce any other person to copy the website or content contained therein by use of any permitted automatic or manual process except in the ways printed in this agreement.

(x) Where user names and passwords are needed to access services on the website you agree that you are responsible for their security and use. You must ensure that these user names and passwords are kept confidential and secure and you do not allow any unauthorized access to the website using your user name and password.

(xi) You indemnify SWA against any claims, costs, expenses or legal proceedings arising out of an unauthorized use of your user name and password in contravention of the above clause. Further in these circumstances, SWA shall be entitled to treat the contravention as a material breach of the user terms and without limiting further action terminate any access permission granted to you by SWA forthwith without notice to you.

(xii) In the event that you breach this agreement or you violate a law or the rights of a third party you agree to indemnify SWA (and any parent, subsidy, affiliates, officers, directors and employees) harmless from any claims or demands including reasonable legal fees made by a third party arising out of your breach of this agreement.


3. SHOPWINDOWADS PROVISION OF THE WEBSITE

3.1 SWA reserves the right to make improvements and changes to the website, the information and documents provided at any time. SWA also reserves the right to suspend or remove any material or services on the website at its sole discretion for reasons of a technical nature. SWA is under no obligation under this agreement to give prior notice of any such changes.

3.2 SWA provides the website facility on a when available basis. SWA makes no guarantee of constant availability.

3.3 SWA makes no guarantee that the service will be offered to you error free. The website and information, documents and other features provided could include inaccuracies of a technical and typographical nature. SWA assumes no liability for such errors or omissions.

3.4 Where information is available through links such information is an opinion or recommendation only and should not be exclusively relied upon.

3.5 SWA does not represent those persons, companies or other organizations as an agent whose goods or services may be displayed or referred to on the website. As a result SWA has no control over the quality, safety or legality of the items advertised or that they are free of encumbrance or charges or that such an advertisement is a representation or statement of fact or accuracy. Do not assume that items for sale, hire or services offered or any claims made are valid and legal simply because it is listed on our website you should carry out independent checks before entering into any contracts.

3.6 SWA reserves the right to refuse to display or remove at its sole discretion any material (including but not limited to any advertisement) which is deemed to be unlawful, immoral, obscene or likely to cause offence or violate the rights of a third party.

3.7 SWA only provides an online advertising facility for goods and services, the service is offered to you on an as is basis with advertisement having a fixed duration period. SWA does not and cannot guarantee a level of response to advertisements or guarantee the sale of any item.

3.8 Advertiser bookings taken directly by SWA are displayed only on the website and do not include any local shop window display advertisement.


3.9 The price list for advertisements displayed on the website is applicable to customers booking on line only. Where prepayment cards are obtained though retail agents, prices may vary and may or may not be subject to VAT. Such advertisements may also be inclusive or exclusive of a local shop window display advertisement at the sole discretion of the agent.


4. DISCLAIMER

4.1 You use and browse the website of your own risk. No party involved in creating, maintaining or delivering the website including SWA is liable for incidental, consequential or punitive damages either directly or indirectly arising out of your use of the website.

4.2 SWA declines any liability for personal or property damage resulting form transmitting or downloading computer viruses.

4.3 The provision of automatic links to third party websites does not imply endorsement of their contents. The provision of the links is for convenience only. SWA is not responsible for and has no control over their contents. You should read the terms and conditions and privacy policy provided on such sites.

4.4 SWA shall not be liable for the act, omissions or failure of products of telecommunications services or faults or failures of their networks or equipment.

4.5 SWA shall not be liable for any failure to perform or deliver on its obligations under this agreement caused by matters or events beyond its control.

4.6 The website is based on a self place system. You are entirely responsible for the placement, accuracy and uploading of your advert and SWA are not liable for any errors or omissions made during this process. You should ensure that care is taken when placing your advert. SWA are not liable and do not make refunds for spoiled adverts. Replacement numbers may be provided at the sole discretion of SWA.

4.7 SWA endeavours to offer a website which can accommodate adverts for virtually any product or service. SWA shall not be liable if after purchasing a prepay number you subsequently find that the website is not a suitable facility for your requirements. You must ensure that you are satisfied that the advertisement slot that you choose is suitable for advertising your product or service. SWA are not liable and will not make refunds if you cannot or decide not to proceed with placing your advert.

4.8 The website advert placement system relies on a unique prepay number system. SWA cannot guarantee that no customer will ever receive a defective number. In the unlikely event that this occurs you should inform SWA and a replacement number will be issued.

5. INTELLECTUAL PROPERTY

5.1 All copyright, trademarks and advertising material (including but not limited to text, graphics, documentation, pictures and articles) and any other intellectual property rights in and relating to the SWA.com website are owned by SWA.

5.2 SWA grants you a non-transferable license to view, store, print, download and transmit the advertising material, information and graphics contained on the website for your own non-commercial use provided that:

(i) Your usage is permitted by this user agreement;
(ii) You do not remove any notices or warnings relating to the ownership of copyright;
(iii) You do not, or induce any other person to, reproduce, copy, alter, modify or create derivative works from the intellectual property;
(iv) You do not publicly display any of the website contents except in ways expressly permitted by this agreement.


PRIVACY POLICY

1. When placing an advert on shopwindowads.com website our form will require you to give us contact details (including name and address) the details included on this page will not be included in your advertisement.

2. Telephone numbers used and e-mail addresses supplied as contact details will be posted on the web for the full duration of the advert.

3. Credit card information is collected using a secure connection and shopwindowads.com require and retain no information or record of credit card details.

4. During the normal course of business we may retain letters, e-mails and text messages; we may also record phone calls.

5. We may use information provided by you for making contact to inform you of any problem with your advert and respond to your enquiries or for other customer service work.

6.
Personal information will be retained by us only for as long as necessary for the purposes described in this policy.

7. Shopwindowads.com reserve the right to access and disclose personal data if we are either compelled to do so by law or in response to a valid legal request by a law enforcement or government authority.

8. During the course of maintaining, developing and administering the website we may need to pass your information on to a third party. In this event the information will only be used for this purpose.

9. The data provided by you may be shared within our group including subsidiaries or holding companies but only for the purposed described in this privacy policy.

10. In the case of account holders where information has changed we may maintain previous details recorded but only as long as necessary.

11. For the purpose of the Data Protection Act 1998, you acknowledge that in the course of placing an advert for goods or services on our website personal data about your agents, employees or subcontractors or any other third party may be collected and retained by us. If this is the case you must ensure that you have obtained the consent of any said third parties to transfer their personal details to us to store and process for the purposes set out in this privacy policy including any contact forming part of the advert posted on the website to be accessed by users worldwide. You shall indemnify showpwindowads.com from all claims employee, subcontractor, agent or other third party out of any failure to obtain proper consent.

12. During the course of placing an advert on this website personal information will be captured electronically and transmitted to shopwindowads.com and potentially to third parties including internet service providers and those involved n running and maintaining the website. By placing an advert you expressly agree to the collection and use of your information for the purposes set out in this privacy policy.

13. Our employees, directors and other personnel are aware of the confidential nature of personal information. We limit where possible access to personal information to those personnel who use such information during the course of their duties.

14. Links to other sites are provided on shopwindowads.com. The privacy practices of any linked website is beyond the control of shopwindowads.com. When using other websites through links you should consult their privacy policies.

15. Shopwindowads.com reserve the right to change or amend the terms of this policy in their sole discretion without prior notice. A new or amended privacy policy will be posted on the website and will become effective from the time of posting to ensure that the user has read the latest version the privacy policy should be visited and read before placing an advert.

16. Shopwindowads.com are committed to the security of customer information and other data provided to us via the shopwindowads.com website, any other website or by any other means.

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