TUE 08 July 2008

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Media

It’s important that you read and understand our terms and conditions before registering.

Thank You for participating in the launch trial of MyLongLunch.com.

The terms and conditions set out below (“the Terms”) apply to all participation in the trial and use of the MyLongLunch service during the trial will constitute acceptance of the Terms.
MyLongLunch is a service provided by MyLongLunch LLP.  Use of the service during the trial is subject to the current terms and conditions, which apply to each subscribed user (and where that user is a corporate entity, all individuals who access the service through that user’s account(s)).
These terms and conditions only relate to the trial.  If you apply to continue to utilise the MyLongLunch service after the end of the trial and We accept Your application, a different set of terms and conditions will apply.
All of these terms and conditions are important, but please pay particular attention to the items which are shown in bold italics.

1. Definitions 
“Agreement” means the contract created by the Agreement Form completed by You for the supply of the Service (and which incorporates these Terms);
“Agreement Form” means the Agreement Form completed by You to subscribe to the Service;
“Agreement Period” means the period of the Customer’s participation in the Trial, beginning upon the date upon which We confirm acceptance of Your application as set out in the Agreement Form and ending upon the date that We notify You that the Trial will end (or if earlier the date upon which Your subscription is cancelled);
“Business” means the relevant business or trading division of the Customer, which is identified as the “Business” in the Agreement Form;
“the Customer” (or “You” or “Your”) means any person interested in the negotiation, management, sale or purchase of media space (whether an individual, firm, company, LLP, organisation or business) subscribing to the Service;
“Data” means all information available to Users through the Service;
“Terms” means these terms and conditions as varied from time to time and any special terms agreed in writing between You and Us;
“Trial” means the initial period of time after the Service has been made available during which the Service will be provided on a free or discounted basis;
“the Service” means any information or data published or supplied by Us through the ‘MyLongLunch’ website or in any other form under the ‘MyLongLunch’ name.  
“We” “Our” or “Us” means MyLongLunch LLP;
“User” means an individual being a full time employee of the Customer nominated as a User by the Customer (either on the Agreement Form or by subsequent written notification to Us by the Customer as a substitution for an individual previously nominated as a User or as an additional User); 
“Maximum Number of Users” is the maximum number of Users allowed to the Customer as specified in the Agreement Form (or as may be agreed between Us and the Customer from time to time in writing);
2.	Agreement and Service
2.1	The Agreement shall be for the Agreement Period and subject to these Terms (and any other terms or conditions set out in the Agreement Form). 
2.2	In consideration of Your agreement to comply with these Terms We agree to supply the Service to You, subject at all times to Your continuing compliance with these Terms. 
2.3	Neither the Agreement nor these Terms may be changed or supplemented without Our written agreement.  We reserve the right to change these Terms at any time provided that We give You a reasonable period of time (which will not normally be less than 7 days, but may be shorter during the Trial) in which to consider such changes. 
2.4	For the purpose of the Trial the Service comprises a database of available spaces within media together with related information including purchase rates and a database of media buyers and a number of tools which enable media owners and potential purchasers of media spaces to communicate with each other.  Additional services may be provided as part of the Service in the future at Our discretion.  We reserve the right to change the scope, content, layout and format of the Service at any time.
2.5	The Service is designed for businesses and not for consumers.  You confirm that You (and each of Your Users) are a business and not a consumer, and that each of Your Users work exclusively in the Business on a full-time basis.
2.6	The Service will commence after receipt by us of Your duly completed Agreement Form, provided that We accept Your application.  We reserve the right to reject applications for any reason at Our sole discretion.
2.8	We and You are each free to cancel Your subscription at any time; such cancellation will bring the Agreement Period to an end.  We may cancel Your subscription on an individual basis by specific notification to You or on a general basis by announcing the end of the Trial.
2.9	During the Trial, the Service is provided free of charge.  We reserve the right during the Trial and afterwards to impose a charge for the use for any part or the whole of the Service, but while We will be entitled to limit access to some or all of the Service by You or Your Users if You do not agree to such charges, We will not be entitled to charge You for any part of the Service without Your consent.
3.	Limitation of Our liability 
3.1	We shall exercise reasonable care and skill in providing the Service.  Nothing in these Terms shall exclude Our liability for death or personal injury caused by Our negligence. 
3.2	Save as provided in 3.1 above the Service is provided without any express or implied warranty of any kind (including warranties for quality, fitness for any purpose or non-infringement of intellectual property). 
3.3	We do not warrant the accuracy or completeness of any data provided by the Service nor do We warrant that the Service will be uninterrupted or error free.
3.4	We will use all reasonable efforts to ensure that Data is accurate and up-to-date.  However, We can give no guarantee that any part of the Data is accurate or up-to-date.  Further, in no circumstances will We be liable for:
3.4.1	any alteration of any Data by any person accessing the Service;
3.4.2	the content or accuracy of any Data entered by any person accessing the Service without authorisation (including without limitation the availability of specific space within any media or the rates applicable to such space);
3.4.3	the suitability of, or compliance with description of any media space featured in the Service or any aspect of any contractual relationship between Users or the Customer relating to the purchase or use of space within any media;
3.4.4	any loss of Your profit, business, contacts, reputation, goodwill, business interruption, loss of information, anticipated savings, economic loss or any liability You may have to any third party as a result of use of the Service; 
3.4.5	any special indirect or consequential losses of any nature whatsoever which You may suffer or incur as a result of use of the Service. 
3.5	Without prejudice to any other provisions of these Terms Our maximum liability arising by reason of or in connection with the Service and/or the Agreement shall be limited to any payment received by us from You in respect of the Agreement.
4.	Supply of the Service 
4.1	You are responsible for advising Us of any changes to Your contact or e-mail details (or of those of Your Users).  We will be entitled to contact you on all matters relating to Your subscription by email.  We are not responsible for non-delivery of any email sent to or by You.
4.2	We will notify You of acceptance or rejection of an Agreement Form, and of any suspension or cancellation of Your subscription (or that of any of Your Users) using the email address You provide in Your Agreement Form (or any updated address You subsequently notify to us through the Service).  Unless You provide reasonable evidence of non-receipt each such notification will be deemed to be delivered to You within one hour of the date of despatch from us.
4.3	We reserve the right to suspend the Service during Public Holidays, and the Christmas & New Year Holidays.
5.	Use of the Service 
We grant You a non-exclusive and non-transferable licence to use the Service (and the Data) on the following terms: 
5.1	The Service and all Data contained within it may only be used for the purposes stated by Us from time to time.  No Data may be used, printed, copied, formatted electronically or transferred to any other person, firm, company, organisation or business.
5.2	You may not modify or delete any of the Data save insofar as such Data relates exclusively to You or Your Users.  Any such modification or deletion made by You or Your Users will be deemed to be done with the full authority of the Customer and You will be solely responsible for the accuracy of any such modification or deletion.
5.3	For the avoidance of doubt, no Data provided to a Business may be copied, made available or transferred to any other business (whether or not any such other business is owned or controlled by the same legal entity as the Business) nor may any Data be shared with or allowed to be accessed by any person other than employees of the Customer working within the Business.
5.4	Where Users are able to communicate with other persons through the Service, whether by text, voice or the transmission of data (including without limitation, fax or email), such communication shall be conducted within the spirit and letter of Our Fair Use Policy as displayed on Our website or notified to You from time to time.  
6.	Users 
6.1	Access to the Service is available only to Users and the number of Users for each Customer is limited to the Maximum Number of Users for that Customer. 
6.2	If the Customer wishes to increase the number of Users You must notify Us and (if applicable) pay Our then current additional User licence fee for each additional User. 
6.3	All Users must complete Our User registration procedures and must be (and remain whilst the Agreement continues) a full-time employee of the Customer working exclusively within the Business. If any User ceases to be a full-time employee of the Customer during any Agreement Period (or ceases to work exclusively within the Business) the Customer must notify Us accordingly in order that his or her User registration may be cancelled and (if requested by the Customer) another individual (who must be a full-time employee of the Customer working exclusively within the Business) may be substituted as a User in his or her place. 
6.4	We will provide all Users with an individual “login” password to access the Service which may not be shared by or communicated to any other individual or third party. 
6.5	The Customer will procure that all Users maintain the strict confidentiality of their individual ”login” passwords.
6.6	The Customer shall be responsible for the content of all Data and communications created by that Customer’s Users through the Service.  By way of example only and without limitation, no Data shall be created or communications made by Users through the Service which are reasonably considered by Us to be offensive or illegal.  
6.7	We have the right (but will not be obliged) to edit or delete any Data or communications created by Users through the Service which We reasonably believe to be in contravention of Our Fair Use Policy or (without limitation) any item which We consider, in Our absolute discretion, to be offensive or illegal.
6.8	In the event that We believe that: 
6.8.1	any individuals within any Customer in excess of the Maximum Number of Users for the relevant Customer are accessing (or have accessed) the Service; or 
6.8.2	The confidentiality of any User “login” passwords have been compromised or such passwords are being shared or used by more than the individual Users to whom they have been allocated within any Customer; or 
6.8.3	any User is in contravention of Our Fair Use Policy or has created any Data or made any communications through the Service which are offensive or illegal; or
6.8.4	any User is not a full-time employee of the Customer working exclusively in the Business; 
then We will be entitled to suspend or cancel the supply of the Service to the Customer (and/or to deny any User related to such Customer access to the Service) without notice and without any liability for any refund or other compensation. 
7.	Use of Data/Service and Copying
7.1	The Data together with the design and layout of such Data and of the Service itself is, as between Us and You, Our sole copyright and it may not be reproduced, copied, edited, published, transmitted, downloaded, uploaded or stored in a retrieval system in any way without Our written permission. 
7.2	In no circumstances will the Customer:
7.2.1	allow any copies to be made of the Service (or of the whole of any part thereof) other than for the purposes of storage or back-up; 
7.2.2	allow any person, firm or company (other than persons employed by the Customer and who work exclusively within the Business) to make use of or otherwise have access to the Service; 
7.2.3	allow to be copied onto, or transferred to or otherwise accessed by any computer system other than that owned by and in the possession of the Customer and which is for the sole and exclusive use of persons employed by the Customer to work within the Business; 
7.2.4	assign, transfer, sell, sub-license, lease, rent, charge or otherwise deal in or use on behalf of or make available any Data to any third party (including to any person who may be employed by the Customer but who does not work within the Business);
7.2.5	use the Service in any manner that is unlawful or illegal; or
7.2.6	allow or authorise any User to do any of the foregoing. 
7.3	We retain the right to monitor all Customers’ and Users’ use of the Service to ensure compliance with the Agreement and to retain copies of the Data and all communications created through the Service.  
7.4	The Customer agrees to ensure that all Users are made specifically aware of (and that they will comply with) the above restrictions on the use of the Service and the Data and will be responsible to Us in the event that any User breaches any such restrictions.
8.	Breach of these Terms
8.1	If You fail to pay any sum due to Us on the date due or if You commit a breach of these Terms (or if any of the information provided by You in the Agreement Form is inaccurate or misleading) We shall be entitled to do any one or more of the following (without prejudice to any other right or remedy We may have): 
8.1.1	charge interest (which shall accrue from day to day) on any monies outstanding at the rate of 4% p.a. above the Barclays Bank plc base rate as published from time to time from the due date until date of payment (after as well as before judgment);
8.1.2	suspend or cancel the provision of the Service to You without notice.
8.2	Any breach of these Terms may result in immediate suspension and/or termination of the Service and the Agreement without notice and without any right to any refund.  
8.3	The Customer acknowledges and agrees that any breach or threatened breach of these Terms may cause irreparable loss to Us and that accordingly damages may not be an adequate remedy for such breach.  Accordingly, the Customer agrees that in the event of a breach or threatened breach of these Terms We shall be entitled to obtain injunctive relief (in addition to all other rights and remedies which may be available to Us).
9.	General Terms
9.1	The headings in these Terms are for convenience only and shall not affect their interpretation.
9.2	All sums payable in relation to the Agreement are, unless expressly stated otherwise, exlcusive of VAT or any other applicable sales tax or duty which shall be payable in addition at the relevant rate prevailing at the applicable tax point.
9.3	Except as otherwise provided in these Terms We shall not be deemed to be in breach of contract or liable for any delays or failures to perform any of Our obligations in relation to the Service due to any cause beyond Our reasonable control including but not limited to any internet or electrical failure resulting in Our inability to transmit e-mails or any part of the Data to You or which results in the website relating to the Service (or any part of it) being unavailable.  Should any such event occur which prevents Us from providing the Service to You for a sustained period We reserve the right to cancel or suspend all or any part of the Service to You and to refund a pro rata part of the Payment without incurring any liability. 
9.3	A person who is not a party to the Agreement shall have no rights under the Contract (Rights of Third Parties) Act 1999 or any similar legislation to enforce any term of the Agreement and nothing in these Terms is intended or will create any right to or for the benefit of any third party.
9.4	This contract is personal to You (and specific to the Business) and it may not be assigned without Our prior written consent. 
9.5	Termination or cancellation of the Agreement shall not affect any of Our or Your respective rights and obligations which have already accrued at the time of termination or cancellation. 
10.	Governing Law and Jurisdiction 
10.1	These Terms and the Agreement shall be governed and interpreted according to English Law and You agree to submit to the non-exclusive jurisdiction of the English Courts.

For as long as you are a subscriber to our service we will be entitled to contact you by telephone, fax, email or by post for matters relating to your account, but this will not include any promotions or marketing emails.

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