This agreement applies as between you, the User of this Website and Bodecker Ltd, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1 – 19 of these Terms and Conditions is deemed to occur upon your first use of the Website. Certain parts of Clauses 8 and 9 apply only to payments and contracts for [Premium] Ads. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
This Website, Churchdrum.co.uk, is [owned and] operated by Bodecker Ltd [, a limited company registered in England under 06566953, whose registered address is Egerton House, 55 Hoole Road, Chester, CH2 3NJ and whose main trading address is 45 Pearl Lane, Vicars Cross, Chester CH3 5NU.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal/identifying information and credentials used by Users to access parts of the Website and to create Ads;
“Ad” means an advertisement posted on the Website by an Advertiser which shall provide details of the item or service offered by the Advertiser;
“Ad Fee” means the fee payable to post an Ad;
“Advertiser” means a User that wishes to or has placed an Ad on the Website;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
[“Free Ad”] [means an Ad for which no Ad Fee is payable;]
[“Premium Ad”] [means an Ad for which an Ad Fee is payable;]
“Service” means collectively any online facilities, tools, services or information that Bodecker Ltd makes available through the Website either now or in the future;
“System” means any online communications infrastructure that Bodecker Ltd makes available through the Website either now or in the future. This includes, but is not limited to, Ads, email addresses and online forms;
“User” / “Users” means any third party that accesses the Website and is not employed by Bodecker Ltd and acting in the course of their employment;
“Website” means the website that you are currently using (churchdrum.co.uk) and any sub-domains of this site (e.g. subdomain.churchdrum.co.uk) unless expressly excluded by their own terms and conditions;
“We/Us/Our” means Bodecker Ltd, [a company registered in England under 06566953] of Egerton House, 55 Hoole Road, Chester, CH2 3NJ
2. Intellectual Property
2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, unless contained in Ads, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Bodecker Ltd, or Our affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws.
2.2 You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website as specified in Clause 4 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Website or unless given Our express written permission to do so. Specifically you agree that:
2.2.1 You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given Our express written permission to do so;
3. Third Party Intellectual Property
3.1 The intellectual property rights subsisting in the Content of Ads belong to the Advertisers who placed those Ads unless it is expressly stated otherwise.
3.2 Where expressly indicated, certain Content and the intellectual property rights subsisting therein belongs to other parties.
3.3 The Content described in this Clause 3, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Website. The exceptions in Clause 4 continue to apply.
4. Fair Use of Intellectual Property
Material from the Website may be re-used without permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
5. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Bodecker Ltd or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply Our endorsement of the sites themselves or of those in control of them.
6. Links to this Website
Those wishing to place a link to this Website on other sites may do so.
7. Advertising on the Website
7.1 When submitting an Ad to the Website you should do so in accordance with the following rules:
7.1.1 You must not use obscene or vulgar language;
7.1.2 Your Ad may not contain Content that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation specific to the item or service you are advertising). This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.1.3 Your Ad may not contain Content that is intended to promote or incite violence;
7.1.4 Your Ad should be honest and fair, should not make any unsubstantiated or unsupportable claims, and should not make dishonest or unreasonable comparisons with Ads posted by other Advertisers;
7.1.5 Ads must be made using the English Language. Content in any other language may be removed at our sole discretion;
7.1.6 Your Ad may not infringe the intellectual property rights of any third party including, but not limited to, copyright and trade marks;
7.1.7 [items or services of the following types may not be advertised:
18.104.22.168 Non Christian job vacancies
7.1.8 You must not post links to other Websites containing any of the above types of Content;
7.1.9 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
7.1.10 Your Ad must be placed into the appropriate category;
7.1.11 You must not impersonate other people or businesses;
7.1.12 You must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
7.1.13 You must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”.
7.2 [You acknowledge that Bodecker Ltd may screen, approve (or reject) Ads submitted to the Website, and that as a result of such screening, We may edit and/or remove Ads from Website.]
7.3 Bodecker Ltd may edit your Ad to comply with the provisions of sub-Clause 7.1 without prior consultation. In cases of severe breaches of the provisions of sub-Clause 7.1, your Ad may be removed and your Account may be suspended or terminated. You will [not] be informed in writing of the reasons for any such alterations or removals.
7.4 In order to post an Ad, you are required to submit certain personal details and/or business details. By continuing to use this Website you represent and warrant that:
7.4.1 any information you submit is accurate and truthful; and
7.4.2 you will keep this information accurate and up-to-date.
7.5 By posting an Ad you warrant and represent that you are the author of that Ad or that you have acquired all of the appropriate rights and / or permissions to submit it. We accept no responsibility or liability for any infringement of third party rights by such Ads or Content. [Further, you waive all moral rights in the Ad to be named as its author and grant <<insert business name>>Bodecker Ltd a perpetual licence to modify the Content as necessary for its inclusion on the Website.]
7.6 [Bodecker Ltd will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Ads, nor for any errors or omissions in Ads. Use of and reliance upon Ads is entirely at your own risk.]
7.7 Nothing in these Terms and Conditions shall grant Bodecker Ltd any rights in or to any trade marks or any other intellectual property rights contained within your Ad or any part of it save for the right to display the same on the Website as part of your Ad until it is removed from the Website.
7.8 You acknowledge that We may retain copies of any and all communications, information, Content and Ads sent to Us or submitted to the Website.
8. Accounts and Ad Fees
8.1 In order to post an Ad on this Website you must create an Account which will contain certain personal details. By creating an Account you represent and warrant that:
8.1.1 all information you submit is accurate and truthful; and
8.1.2 you will keep this information accurate and up-to-date.
8.2 Sharing of accounts is not permitted unless expressly authorised in writing by Bodecker Ltd. You must keep your Account details confidential and should not reveal your username or password to any unauthorised third parties.
8.3 [Free Ads do not require the payment of an Ad Fee.]
8.4 An Ad Fee will be charged for each [Premium] Ad you post on this Website. Ad Fees are detailed here. Your credit / debit card will be billed at the time at which your [Premium] Ad goes live.
8.5 Your first payment will be at the price advertised on the Website. Bodecker Ltd reserve the right to change Ad Fees from time to time and any such changes may affect your recurring Ad Fees:
8.6 Multiple Ads are permitted for each Account. [Discounts are available for multiple Ads as detailed here.
8.7 No part of the Website constitutes a contractual offer capable of acceptance. Our provision of the Website and its constituent facilities constitutes a service and by posting and paying for a [Premium] Ad, you are making an order for that service that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you a confirmation email. Only once We have sent you a confirmation email will there be a binding contract between Bodecker Ltd and you.
8.8 Confirmation emails under sub-Clause 8.7 will be sent to you immediately upon your posting of, and payment for, a [Premium] Ad and shall contain the following information:
8.8.1 Confirmation of the [Premium] Ad including full details of the main characteristics of the service and the facilities available to you in connection with [Premium] Ads;
8.8.2 Fully itemised pricing for your [Premium] Ad including, where appropriate, taxes and any other additional charges;
8.8.3 The applicable times and dates for your [Premium] Ad (including the expiry date);
8.8.4 A confirmation of your express request that the service (that is, the posting of your [Premium] Ad) begins immediately and that this will constitute a waiver of your statutory right to cancel as detailed below in sub-Clause 8.9; and
8.9 [Premium] Ads are posted and made visible immediately upon Our confirmation under sub-Clause 8.7. When completing the posting and payment process, you will be required to expressly acknowledge that you wish the [Premium] Ad to be available immediately. You will also be required to expressly acknowledge that by doing so, you will lose your statutory right to cancel your contract with Bodecker Ltd as detailed below in sub-Clause 8.10.
8.10 If you are a consumer based within the European Union, you have a statutory right to a “cooling-off” period with respect to the purchase of certain goods and services. This period, if applicable, begins once your contract with a relevant trader is formed (as explained, in this case, in sub-Clause 8.7) and ends at the end of 14 calendar days after that date. Under normal circumstances, [Premium] Ads are made available immediately upon Our confirmation under sub-Clause 8.7. As set out in sub-Clause 8.9, by expressly requesting this, you waive your right to the cooling-off period and may not cancel the contract merely because you have changed your mind.
8.11 You may cancel and remove your [Premium] Ad at any time after posting and paying for it and you will not be rebilled for it. Subject to sub-Clause 8.12, however, We cannot provide any refunds for cancelled [Premium] Ads once they have been posted on the Website.
8.12 If you post and pay for a [Premium] Ad in error, you must inform Us within 24 House. Refunds under this sub-Clause 8.12 are at Our sole discretion and if We have any reasonable cause to believe that you have already derived a benefit from the [Premium] Ad in question, no refund will be available to you.
8.13 If you terminate an Ad and/or your Account, your Ad(s) will be removed immediately and you will not be rebilled for either the cancelled Ad or all of your Ads, as appropriate.
8.14 [Ads which Bodecker Ltd rejects in accordance with sub-Clause 7.2 shall not be charged for.]
9. Termination and/or Suspension
In the event that any of the provisions of sub-Clause 7.1, above, are not followed, Bodecker Ltd reserves the right to suspend or terminate your access to the Service. No refunds will be issued for [Premium] Ads removed for violation of any part of these Terms and Conditions. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.