Condition of Use
1. We (‘The Directory For You’) provide the thedirectoryforyou.com website. Our registered address is The Directory For You Calle Mojacar, Las Filipinas 7 San Miguel de Salinas 03193.
2. These Conditions of using our website (the “Conditions”) govern the terms of use of thedirectoryforyou.com website.
3. We legally own a wide range of intellectual property rights used in and relating to the thedirectoryforyou.com website, including:
a. our business-listings directory database (the “Database”);
b. the logo’s, design, text, graphics, articles, other content of the web pages on the thedirectoryforyou.com website, together with all the web addresses associated with those web pages
4. thedirectoryforyou.com also has information supplied by other organisations, including information about:
a. maps, licensed by Google.com. There are limits on what you can use map information for. Please visit http://maps.google.com/help/terms_maps.html for more details.
About these conditions
5. For the purpose of these Conditions, the term “thedirectoryforyou.com website” refers collectively to the following:
a. The Directory For You Business Account (“https://thedirectoryforyou.com/{listing_name}),”);
b. the Database;
6. including any other website we may own or run from time to time that links through to these Conditions.
7. If you log on to or use any part of the thedirectoryforyou.com website you agree to these Conditions. If you do not want to agree to these Conditions, do not log on to or use the thedirectoryforyou.com website.
8. When you buy products or services via the thedirectoryforyou.com website, the products or services you buy will be subject to our terms and conditions, guidelines, and policies and you should carefully read through the terms and conditions before you intend to purchase or placing an order.
9. We may change these Conditions at any time without giving you notice. Please check these Conditions from time to time for any changes. By continuing to use thedirectoryforyou.com website you agree to all the changes we make to these Conditions.
Use
10. We will limit your access to all or some parts of the thedirectoryforyou.com website as a The Directory For You Business Account holder until you have read and accepted the Advertiser Terms and Conditions on the online registration form sent to you at the point of confirming your order. We may, in our absolute discretion, accept or refuse any Business Account application.
11. Please do not tell other people your log in details, password or any other piece of information that is part of our security procedures. We take steps to prevent people misusing the thedirectoryforyou.com website and to make sure that our rights are not affected. You are responsible for the content of any material provided using your log in details and password. You must notify us immediately if your log in details and/ or password, are used without your permission. We have the right to disable any account if, in our absolute discretion, you have failed to comply with these Conditions, including if your display name is inappropriate in any way.
12. You acknowledge and agree that:
a. you are responsible for your Directory For You Business Account you use whilst on The Directory For You website and maintaining the confidentiality of your password and you shall take all necessary steps to ensure that your password is kept confidential and secure;
b. you shall inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being used or is likely to be used in an unauthorised manner;
c. you accept all responsibility for any and all activities that occur at or through your Directory For You Business Account and you shall ensure that all information that you provide to us is and remains at all times true, correct and complete.
13. We process information about you in line with our Privacy Policy By using the thedirectoryforyou.com website, you agree to the way in which we process your personal information.
14. You must make sure that:
a. all information you give us is true, correct and complete and let us know if it changes; and (where applicable)
b. all electronic files you give us use properly licensed software and are free from viruses and other malware.
Our Responsibilities
15. Subject to these conditions, we shall endeavour to:
a. make the thedirectoryforyou.com website available; and,
b. (if you use The Directory For You Business Account ) send to the email address that you provide an email confirming your order along with Advertiser Terms and Conditions for you to accept before using your account.
c. You cannot use thedirectoryforyou.com website or The Directory for You Business Account (“https://thedirectoryforyou.com/{listing_name}),”);
d. for any unlawful purpose;
e. to harm, threaten, abuse, or harass another person, or in a way that invades someone’s privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us.
f. to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists;
g. to provide any kind of commercial information service;
h. as a source of material or contact data for any kind of marketing activity;
i. in a way that affects how it is run;
j. to tamper with, update or change any part of the thedirectoryforyou.com website;
k. use any automated means to monitor or copy the thedirectoryforyou.com website;
l. to interfere with or attempt to interfere with how a thedirectoryforyou.com website works.
16. We have the right to investigate your online activities, your Business for any unlawful purpose. You agree to provide reasonable help with these matters.
17. We may suspend and have the right to modify all or any part of the thedirectoryforyou.com website, (including Business Accounts) or your access to them, at any time without telling you beforehand. We won’t be responsible to you for any changes we make or for ceasing operation of all or any part of the thedirectoryforyou.com website. In doing so we will endeavour not to diminish the value of any products or services that we offer to any material degree.
18. We may suspend or cancel your use of the thedirectoryforyou.com website or your Business Account / user details relating to thedirectoryforyou.com website if:
a. you do not keep to these Conditions;
b. you use the thedirectoryforyou.com website in an inappropriate or unreasonable way;
c. you fail to pay in full the payment you owe us for any products or services we provide
d. we suffer from any event or circumstance which is beyond our reasonable control or which we could not reasonably be expected to have taken into account at the date of commencing to provide the thedirectoryforyou.com website to you, and which results in or causes our failure to perform any or all of our obligations under these Conditions (including, without limitation, any act of God, lightning, fire, storm, flood, earthquake, act of the public enemy, war declared or undeclared, threat of war, terrorist act, blockade, revolution, riot, insurrection, civil commotion, industrial action, public demonstration, strike, sabotage, act of vandalism or explosion); or
e. where you have a Directory For You Business Account, any bankruptcy or insolvency proceedings are brought against you, or a receiver, an administrative receiver or an administrator is appointed over any of your assets or, if you are a company, you go into voluntary.
19. To be clear, if we suspend or cancel your Directory For You Business Account user details, you will still have to pay us in full for any products or services you purchased from us.
The material provided to The Directory For You Website
20. If you provide any material to the thedirectoryforyou.com website (for example, details on your listing, uploading any other content including a video), you agree to grant us permission, irrevocably and free of charge, to use your material in any way we want on any website selected third party social media and networking sites.
21. After posting or emailing your material to thedirectoryforyou.com website, you continue to own that material, and you continue to have the right to use your material in any way you choose.
22. Please choose carefully any information you post on any thedirectoryforyou.com website, as it will be available for public viewing. By providing any material to thedirectoryforyou.com website, and for us to be able to use it, you confirm you and the material comply with all obligations set out in these conditions, and in particular that:
a. your material is your own original work or you are authorised to use this on thedirectoryforyou.com website
b. your material is not defamatory (that is, it does not damage someone’s good reputation), does not contain any material which is harassing, threatening, obscene, offensive, hateful, abusive or inflammatory
c. your material does not take away or affect any other person’s privacy rights, contract rights or any other rights, and does not otherwise break any Spanish Laws;
d. your material does not promote any illegal activity or discrimination;
e. that you have the right to give us permission to use it for purposes specified above and that such use will not infringe the copyright, database right, trade mark, privacy or other rights of a third party;
f. your material is not in any way liable to mislead others or otherwise be detrimental to or inconsistent with our good name or reputation;
g. your material does not contain any virus or other code that may damage, interfere with or otherwise adversely affect the operation of the website;
h. if your material is intended to promote your own business or services, you will clearly and openly state your association with the particular business;
i. you will not falsify or delete any author attributions, legal or other proprietary notices, designations or labels; and
j. your material complies with our Advertising Terms and Conditions.
23. You acknowledge that we do not have a duty to publish any material you have provided.
24. We have the right to:
a. reject or refuse to post any material you have provided;
b. remove any material from thedirectoryforyou.com website, whether or not the material goes against any of these conditions; or
c. restrict, suspend or stop your access to thedirectoryforyou.com website or your Directory For You Business Account, at any time.
25. We will usually display your name with your material on thedirectoryforyou.com website, unless you ask us not to (as long as it is possible to do this). We may need to contact you for administrative purposes or to make checks on your material. For full details of when and how we may contact you, please see our Privacy Policy.
26. If you do not want to grant us the permission set out above on these terms, please do not provide any material to thedirectoryforyou.com website.
27. We do not edit, pre-vet or review any third party material displayed on thedirectoryforyou.com website. We operate a notice and take down procedure regarding such material. If you believe that any content shown does not comply with the requirements set out in clause 22 above, please notify us immediately. We will then review the material and, where we deem it appropriate, remove the material within a reasonable time.
Disclaimers
28. Please be aware of the following:
a. You use the website at your own risk.
b. We advise you to make sure you are satisfied with the exact type and nature of goods or services being offered by any companies you search for using the Database. We also recommend that you check the qualifications of people, companies and organisations offering the goods or services. We are not an agent for and do not give guarantees for these organisations or their goods and services;
c. You should not rely on the website for advice; We cannot guarantee the accuracy of the results of any search made via the thedirectoryforyou.com website search Tool;
d. The Directory For You website contains hyperlinks to websites run by companies other than Business For You SL. We do not control and are not responsible for, any other websites made available from thedirectoryforyou.com website. We do not give any guarantees about their content or how they work. You access and use these sites at your own risk and will need to keep to any conditions of use that apply to those sites. We do not approve or sponsor any products, services or content you access or buy through these websites.
29. As far as the relevant laws allow we nor any other staff or other organisations connected to us (collectively, Business For You SL) give you any guarantees that:
a. there will be no problems with how you use thedirectoryforyou.com website; or
b. the computer or server you use to log on thedirectoryforyou.com website is free of viruses or other harmful programmes.
Limits to our liability
30. You acknowledge and agree that computer and telecommunications systems are not uninterrupted or fault-free and we do not make any representation or warranty in relation to such systems. You further acknowledge and agree that occasional periods of downtime for repair, maintenance and upgrading may be required and we cannot therefore guarantee uninterrupted provision of the thedirectoryforyou.com website. We will take all commercially reasonable steps to minimise any such periods of interruption or non-availability.
31. You acknowledge and agree that we make no warranty and give no representation of any kind in relation to third party data and we accept no responsibility or liability for inaccuracy in or arising out of third party data.
32. Nothing in these Conditions shall limit or exclude liability in respect of death or personal injury caused by negligence, or fraudulent misrepresentation.
33. Under no circumstances will the Business For You SL Personnel or any other organisation involved in creating, producing, maintaining or distributing the thedirectoryforyou.com website will be liable for any of the following losses or damage (whether such losses or damage were foreseen, foreseeable, known or otherwise):
a. loss of revenue
b. loss of actual or anticipated profits (including for loss of profits on contracts);
c. loss of anticipated savings;
d. loss of business;
e. loss of opportunity;
f. loss of goodwill;
g. loss of reputation;
h. loss of, damage to or corruption of data or software;
i. wasted expenditure; or
j. any indirect or consequential loss or damage howsoever caused (including, for the avoidance of doubt, where such loss or damage is of the type specified in Clauses 33a to 33f).
34. If we do not keep to these Conditions, we will only be liable for losses you have suffered as a direct result. We are not liable to you for any other loss whether they are because we have not kept to our obligations or contract, because of our negligence, due to defamatory statements or liability for a product or service or otherwise as a result of:
a. using or relying on the thedirectoryforyou.com website;
b. not being able to use the thedirectoryforyou.com website;
c. any mistake, fault, failure to do something, missing information, or virus on the thedirectoryforyou.com website or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control;
d. theft, destruction of information or someone getting access to our records, programs or services without our permission;
e. goods, products, services or information received through or advertised on thedirectoryforyou.com website or any links provided by thedirectoryforyou.com website; or
f. any information, data, message or other material which you e-mail, post, upload, reproduce, send, or otherwise distribute or receive using the thedirectoryforyou.com website.
Indemnities
35. You will at all times and on demand fully indemnify us and keep us fully indemnified from and against any claims, threatened or made against us arising as a result of your non-compliance with any of your representations, warranties or obligations set out in these Conditions.
General
36. Failure of either party to assert its rights in relation to any breach of these conditions shall not constitute a waiver of such rights, nor will any such waiver be implied.
37. Each provision of these conditions shall be construed separately and shall be severable from these Conditions. If any provision of these conditions (or portion thereof) is invalid, illegal or unenforceable, the validity, legality or enforceability of the remainder of these conditions will not be affected or impaired.
38. A person who is not a party to these Conditions shall have no right to enforce any of the provisions of these Conditions.
The Whole Agreement
39. These Conditions constitute the entire agreement between you and us with respect to the subject matter hereof and supersedes all prior discussions, agreement or understanding between you and us.
40. The Spanish Laws apply to your use of the thedirectoryforyou.com website and these Conditions. We control the thedirectoryforyou.com website from within Spain. However, you can get access to the thedirectoryforyou.com website from other places around the world. Although these places may have different laws from the laws Spain, by using the thedirectoryforyou.com website you agree that the laws of Spain will apply to everything relating to you using a thedirectoryforyou.com website and you agree to keep to these laws. We have the right to take you to court in the country you live in.
