Listings Terms

LISTING TERMS

 

BACKGROUND:

 

These Listing Terms (“Terms”) set out the terms under which Listings are provided or sold by Us to customers through this website, www.localesports.gg (“Our Site”). Please read these Terms carefully and ensure that you understand them before purchasing and/or submitting a Listing. You will be required to read and accept these Terms when completing your Account request. If you do not agree to comply with and be bound by these Terms, you will not be able to submit a Listing to Our Site.

 

  1. Definitions and Interpretation

 

1.1       In these Terms, unless the context otherwise requires, the following expressions have the following meanings:

 

“Account” means an account required to be able to submit a Listing (as explained in Clause 6);

“Contract” means a contract for the submission of a Listing, as explained in Clause 6;

“Free Listing” means a Listing that is not a Paid Listing;

“Listed Business” means any business featured in a Listing;

“Listing Confirmation” means Our acceptance and confirmation of your purchase of a Paid Listing;

“Paid Listing” means a premium directory listing posted on Our Site by a User, in exchange for a fee, providing details of a Listed Business;

“User”            means a user of Our Site;

“User Review”            means a review posted on Our Site by a User;

“We/Us/Our”            means MEKITAP LTD, a company registered in England under company number 12223696, whose registered address is C/O Bliss Accounting Services Limited, 4th Floor Victoria House, Victoria Road, Chelmsford, England, CM1 1JR.

 

  1. Information About Us

 

2.1       Our Site, www.localesports.gg is owned and operated by MEKITAP LTD, C/O Bliss Accounting Services Limited, 4th Floor Victoria House, Victoria Road, Chelmsford, England, CM1 1JR

2.2       You can contact us by writing to us at the above address, or emailing us at contact @ localesports.com.

 

  1. Access to and Use of Our Site

 

3.1       Access to Our Site is free of charge.

3.2       It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3       Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

3.4       Use of Our Site is subject to Our Website Terms of Use <<insert link>>. Please ensure that you have read them carefully and that you understand them.

 

  1. Business Customers

 

4.1       These Terms apply to business customers. By submitting a Listing you confirm that you are acting in the course of a business or trade.

4.2       These Terms constitute the entire agreement between Us and you with respect to your Listing, whether you submitted a Free Listing or purchased Paid Listings from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.

 

  1. Listings, Pricing and Availability

 

5.1       Free Listings will appear on Our Site for such periods as we deem fit but will not be removed without our informing you of this in writing giving at least 30 days written notice.

5.2       We may from time to time change Our pricing. Changes in price will not affect any Paid Listing that you have already purchased but will apply to any subsequent renewal of a Paid Listing or a new Paid Listing. We will inform you of any change in price at least 28 days before the change is due to take effect. If you do not agree to such a change, you may cancel the Contract as described in sub-Clause 12.1.

5.3       We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Changes in price will not affect any order for a Paid Listing that you have already placed (please note sub-Clause 5.6 regarding VAT, however).

5.4       All prices are checked by Us before We accept your order for a Paid Listing. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your order, We will simply charge you the lower amount and continue processing your order. If the correct price is higher, We will give you the option to purchase the Paid Listing at the correct price or to cancel your order. We will not proceed with processing your order in this case until you respond. If We do not receive a response from you within 14 days, We will treat your order as cancelled and notify you of this in writing.

5.5       If We discover an error in the price of your Paid Listing after your order is processed, We will inform you immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform you of such an error and you do wish to cancel the Contract, please refer to sub-Clause 12.4.

5.6       Prices on Our Site do not include any element of Value Added Tax (VAT) as we are not VAT registered. If we become registered for VAT we will give you at least 28 days written notice of the event and thereafter, all prices will be subject to VAT at the prevailing rate. Further, after such notice of VAT registration is given, if the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

 

  1. Orders – How Contracts Are Formed

 

6.1       Our Site will guide you through the process of:

6.1.1   submitting a Free Listing; and

6.1.2   purchasing a Paid Listing.

6.2       Before completing your Listing and/or order, you will be given the opportunity to review it and amend it. Please ensure that you have checked it carefully before submitting it.

6.3       If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end. We will not be responsible for any delay in the completion of the transaction or in the appearance of your Paid Listing on Our Site that results from you providing incorrect or incomplete information.

6.4       No part of Our Site constitutes a contractual offer capable of acceptance. Your order to submit a Listing or purchase a Paid Listing constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your order does not mean that We have accepted it. Our acceptance is indicated by Us (i) publishing the Listing for Free Listings; or (ii) sending you a Listing Confirmation by email. Only once We have sent you a Listing Confirmation will there be a legally binding Contract between Us and you.

6.5       Listing Confirmations shall contain the following information:

6.5.1   Confirmation of the Paid Listing purchased including full details of the main characteristics of Our services and the details included in your Paid Listing;

6.5.2   Fully itemised pricing for your Paid Listing including, where appropriate, taxes, and other additional charges; and

6.5.3   The period of time for which your Paid Listing will be available on Our Site (including the start date, and the expiry and/or renewal date).

6.6       For all subscription-based Listings, these will automatically renew for the same term as the original term until such time as you or We end this Contract.

6.6       In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you.

6.7       Any refunds due under this Clause 6 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.

6.8       Refunds under this Clause 6 will be made using the same payment method that you used when purchasing your Paid Listing.

 

  1. Payment

 

7.1       Payment for Paid Listings must always be made in advance. Your chosen payment method will be charged when We process your order and send you a Listing Confirmation and on each renewal date.

7.2       Payments due must be made in full, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax as required by law).

7.3       Payment methods are as set out on Our Site.

7.4       If you do not make any payment due to Us on time, We will not make your Paid Listing available on Our Site or, in the case of a renewal, will suspend its availability on Our Site. If you do not make payment within 7 days of Our reminder, We may cancel the Contract, and will inform you of the cancellation in writing.

 

  1. Listings

 

8.1       You agree that you will be solely responsible for your Listing and its content. We accept no responsibility for the content of Listings. Specifically, you agree, represent, and warrant that you have the right to submit the Listing, that all the information in the Listing is accurate and truthful, that all such information will be kept accurate and up-to-date, that no personal data will be included that you do not have the right to include and that the Listing will comply with Our Acceptable Usage Policy, detailed below in Clause 9.

8.2       You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 8.1. You will be responsible for any loss or damage suffered by Us as a result of such a breach.

8.3       You (or your licensors, as appropriate) retain ownership of the content of your Listing and all intellectual property rights subsisting therein. By submitting a Listing, you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence that Listing for the purposes of operating and promoting Our Site.

8.4       Your Listing will be made available on Our Site:

8.4.1   immediately for Free Listings; or

8.4.2   For Paid Listings, when We send you a Listing Confirmation and will continue to be available for the period stated in the Listing Confirmation (including any renewals), or until the Contract is otherwise ended.

8.5 To support Our business, we run third-party advertising on the Site, which will appear alongside Free Listings. Where you have a Paid Listing, we agree that We will block competing third-party advertising on Your Listing page however, Our Site partners may still appear on Your page Listing, but these will not be competing esports bars or venues but will consist of (but are not limited to) technology companies and beverages.

8.6       In some limited circumstances, We may need to suspend the availability of Listings for reasons including, but not limited to, fixing technical problems on Our Site. If your Paid Listing is suspended for such reasons, We will inform you in advance of the suspension whenever possible, explaining why it is necessary. The availability of your Paid Listing will be extended by a period equivalent to the length of the suspension. If the suspension lasts (or We tell you that it is going to last) for more than 60 days, you may end the Contract as described below in sub-Clause 12.2.

8.7       We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in Paid Listings. Any such opinions, views, or values are those of the relevant User and/or Listed Business, and do not reflect Our opinions, views, or values in any way. We have no control over, nor any involvement in, Listings, and We accept no responsibility for any actions taken, or for any products or services provided by any Listed Business.

 

  1. Acceptable Usage Policy

 

9.1       When submitting a Listing, you must not submit or otherwise do anything that:

9.1.1   is sexually explicit;

9.1.2   is obscene, deliberately offensive, hateful, or otherwise inflammatory;

9.1.3   promotes violence;

9.1.4   promotes or assists in any form of unlawful activity;

9.1.5   discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;

9.1.6   is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

9.1.7   is calculated or is otherwise likely to deceive (including any unsubstantiated or unsupportable claims or comparisons concerning the Listed Business or any other business or person);

9.1.8   is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

9.1.9   misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 9.1);

9.1.10 implies any form of affiliation with Us where none exists;

9.1.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyrights, patents, trademarks, and database rights) of any other party; or

9.1.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

9.2       Only Listings that relate to the spirit and purpose of Our Site may be submitted.

9.3       We reserve the right to suspend or terminate your Listing and your access to Our Site if you materially breach the provisions of this Clause 9. No refunds will be given in the event of such suspension or termination. In addition, We may take one or more of the following actions:

9.3.1   issue you with a written warning;

9.3.2   take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

9.3.3   take further legal action against you as appropriate;

9.3.4   disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

9.3.5   any other actions which We deem reasonably appropriate (and lawful).

9.4       We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms.

 

  1. Problems with Our Service

 

10.1     We will provide Our service to you with reasonable care and skill, consistent with best practices and standards in Our market, and in accordance with any and all information provided by Us about Our services and about Us. We always use reasonable endeavours to ensure that Our services are trouble-free. If, however, there is a problem with your Listing or with any other aspect of Our services, please contact Us as soon as is reasonably practicable. We will use reasonable endeavours to remedy problems as quickly as is reasonably possible and practical.

 

  1. Ending the Contract

 

11.1     You may cancel the Contract and remove your Free Listing at any time.

11.2     You may cancel the Contract and remove your Paid Listing at any time, however subject to Clause 12 (outlining your rights to cancel arising due to something done by Us), We cannot offer any refunds and you will remain free to reactivate your Paid Listing up until the renewal or expiry date, as applicable, whereupon the Contract will end.

11.3     Please note that you will not be eligible for a 14-day cancellation or “cooling-off” period as this Contract is deemed a business to business contract, and as Our service (i.e. the hosting of your Paid Listing) begins immediately upon the formation of the Contract.

 

  1. Ending the Contract Because of Something We Have Done (or Will Do)

 

12.1     You may end the Contract at any time if We have informed you of a forthcoming change to Our services, or to these Terms that you do not agree to. If the change is set to take effect or apply to you before the expiry or renewal date of your Paid Listing, We will issue you with a pro-rated refund equal to the time remaining on your Paid Listing. If the change will not take effect or apply to you until the expiry or renewal date of your Paid Listing, the Contract will end on the expiry or renewal date and no refund will be due.

12.2     If We have suspended the availability of your Paid Listing for more than 60 days, or We have informed you that We are going to suspend availability for more than 60 days you may end the Contract immediately, as described in sub-Clause 8.5. If you end the Contract for this reason, We will issue you with a pro-rata refund.

12.3     If an event outside of Our reasonable control occurs and continues for more than 60 days, you may end the Contract immediately. See sub-Clause 14.2.6 for more information. If you end the Contract, for this reason, We will issue you with a pro-rata refund.

12.4     If We inform you of an error in the price of your Paid Listing and you wish to end the Contract as a result, you may end it immediately. If you end the Contract, for this reason, We will issue you with a pro-rata refund.

12.5     If you wish to exercise your right to cancel under this Clause 12, please email us at contact @ localesports.gg .

12.6     Refunds under this Clause 12 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel and the refund will be made using the same payment method that you used when purchasing your Paid Listing.           

 

  1. Our Liability

 

13.1     Subject to sub-Clause 13.3, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.

13.2     Subject to sub-Clause 13.3, Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be £100.00 or 20% of the total sums paid by you under the contract in question, whichever is the lesser sum.

13.3     Nothing in these Terms seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.

 

  1. Events Outside of Our Control (Force Majeure)

 

14.1     We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual, or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

14.2     If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:

14.2.1 We will inform you as soon as is reasonably possible;

14.2.2 We will take all reasonable steps to minimise the delay;

14.2.3 To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

14.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability as necessary;

14.2.5 If the event outside of Our control continues for more than 60 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 calendar days of the date on which the Contract is cancelled and will be made using the same payment method that you used when purchasing your Paid Listing;

14.2.6 If an event outside of Our control occurs and continues for more than 60 days and you wish to cancel the Contract as a result, you may do so as described in sub-Clause 12.3.

 

  1. How We Use Your Personal Information (Data Protection)

 

15.1     All personal information that We may use will be collected, processed and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

15.2     For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookies http://localesports.gg/privacy-cookies-policy

 

  1. Customer Reviews

 

16.1     We will publish Customer reviews on the Site.

16.2     We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in Customer Reviews. Any such opinions, views, or values are those of the relevant User and/or customer and do not reflect Our opinions, views, or values in any way.

16.3     We will not monitor Customer Reviews which shall automatically be published without prior notice. If you object to the contents of a Customer Review, you must notify Us of such objection in writing within 14 days of publication of the Customer Review on the Site providing any evidence supporting your contrary views/objections.

16.4     We will consider any objections notified to Us in accordance with clause 16.3 and any decision to remove the relevant Customer Review will be at Our absolute discretion and that decision is final. Any Customer Review that cannot be proved to the contrary shall stand as the reasonable opinion of the customer.

16.5     We will not monitor Customer Reviews but if We are made aware of any Customer Review that we consider to be inappropriate, defamatory, vulgar or abusive; to contain any advertising or marketing of any kind, or may disclose a person’s identity or personal details then We will remove the Customer review.

16.6     If in Our reasonable opinion, Customer Reviews reflect low standards of the Listed Business or its services, We reserve the right to investigate any such Customer Reviews and/or may suspend or terminate this Contract immediately on the provision of written notice to the Listed Business.

 

  1. Ranking

 

We may determine the ranking of any Listings at Our absolute discretion.

 

  1. Advertising

 

18.1     Subject to Clause 8.5, We may feature Third Party Advertising on Our Site and We reserve the right to display Third Party Advertising on the same page as any content from any User unless we have agreed otherwise within Our service description.

18.2     You agree that you will not attempt to remove or hide any advertising using HTML/CSS or by any other method.

18.3     We are not responsible for the content of any advertising on Our Site. Each advertiser is responsible for the content of their own advertising material. We will not be responsible for any advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.

 

  1. Other Important Terms

 

19.1     We may transfer (assign) Our obligations and rights hereunder to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights hereunder will not be affected and Our obligations hereunder will be transferred to the third party who will remain bound by them.

19.2     You may not transfer (assign) your obligations and rights hereunder without Our express written permission. .

18.3     The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

19.4     If any of the provisions of these Terms are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms. The remainder of these Terms shall be valid and enforceable.

19.5     No failure or delay by Us in exercising any of Our rights under these Terms means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms means that We will waive any subsequent breach of the same or any other provision.

19.6     We may revise these Terms from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms as they relate to your Paid Listing, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them (also see sub-Clause 12.1 above).

 

  1. Law and Jurisdiction

 

20.1     These Terms, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

20.2     Any disputes concerning these Terms, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.