1. Application of Conditions of Use
By visiting or using any part of this website, www.findmylocals.com (“This Website”) you agree to be bound by the following conditions otherwise you may not have access to this website.
2. Copyright, Trademarks and Database Rights
Find My Locals own all intellectual property rights (IPRs) within this website. This includes all graphical images, the database, website design, content and the names and marks “Find My Locals” and you agree not to use or copy the same or any part thereof without our prior consent. We maintain the right to reproduce logos and information from our advertised members with their prior permission. It is your responsibility to ensure that you own all IPRs of any image(s) that you supply us to promote your business on the website. You agree to indemnify us for any loss we suffer as a result of any copyright infringement.
The continued use of IPRs and content and any other data and copyright materials shall not constitute an infringement or breach of contract where such use arises as a result of our continued use and supply or printed materials bearing the advertisement.
We offer a unique advertising opportunity and promote up to a maximum of six local tradespeople/businesses per page as premium trades and trusted traders through the website in specified categories of trade in specified geographical areas (“The Service”)
We reserve the right to reject, remove or amend information or material provided by local business advertisers which has been submitted to us for inclusion if we feel it to be distasteful, defamatory, illegal, does not meet our standards or it breaches any copyright or other rights of any third party.
We do not make any representation or commendation of the value or indeed creditworthiness of any resulting potential customer following a visit to the website and viewing your entry.
We accept no liability for transactions between you and the website visitors nor do we accept any liability or responsibility for any loss suffered by you, your customers or any person arising out of your entry on the website, howsoever caused.
You agree to indemnify us for any loss we suffer as a result of any action brought against us as a result of your entry on the website, the material contained therein or any service or product supplied by you. We do not accept any liability for any feedback posted on the website from people who engage you through the website.
4. Member Conditions
By submitting your memebership fee for the service, you agree that the information you provide us upon registration, whether by telephone, email or by any other means of communication, is full and accurate and not misleading or untrue in any way.
Each registration is for a single user or business only.
You acknowledge that service levels are paramount to the success of our mutual businesses and therefore agree to adhere to the Find my locals ‘Code of Conduct’.
The fee for your membership to the Website is payable through a one off fee paid annually at the start of your registration. If no payment is made then we shall delete your advert without prior notice.
6. Our Obligations
We undertake to you that there will be no more than six premium entries on our Gold Page our Silver page and Bronze page at any one time, per town in the category within your geographical area selected for your business upon registration for the service.
Both parties agree that it is in our mutual interest that the name and brand of Find My Locals along with its members and advertisers are both recognised as respected in the public eye. You also agree and understand that it is in all stakeholder’s interest for us to be able to remove from the website any member who is undesirable, dishonest, unreliable, unqualified or otherwise brings the good name of Find My Locals into disrepute or adversely affects the development of the business; such decisions shall be at our absolute discretion.
We undertake to use all reasonable skill and care in making the service and the website available to you and your customers whilst ensuring its availability during your membership. Find My Locals cannot guarantee but aims to ensure our website is operational 24 hours a day, although we may be required to suspend access to the website at any time without notice, for whatever reason, e.g. maintenance of website.
Due to the nature of the internet, errors and omissions can and do occur and we do not give any other warrantees in respect of the service and the website. You agree that the accuracy of information should be verified to ensure the integrity of the website and service.
We make no warranties that the website is free from infection by viruses or anything else that has either contaminating or destructive properties, save that our site is regularly monitored for any such matters.
All implied warranties are excluded from this agreement to the extent that they may be excluded as a matter of law.
8. Limitation of Liability
We will use all our reasonable endeavours to remedy any faults in the website and the service, but cannot accept any liability or responsibility for any mistakes or omissions. If you feel that we are in breach of terms and conditions, you agree that your recovery shall be limited to the amount equivalent to your membership fee paid or payable for the current year of service use.
We will not be liable for any business losses; lost data, lost or reduced profit, lost opportunities, loss of contracts, increased costs and expenses or business interruption arising from the inability to use the service and/or website.
We reserve the right to expand, amend or revise the website and indeed the service as our business grows or as the wider market and business environment demands.
Should any provision in these terms and conditions be found by any court or authority to be invalid or not binding, we agree that such provision shall be severable and discounted from the rest of these terms and conditions which will remain unaffected and fully in force.
Neither party shall be liable for any failure to perform our obligations hereunder, if such failure results from force majeure or other causes beyond reasonable control but shall not include failure caused by negligence, misfeasance or the financial condition of either party.
Links to external websites and resources are provided by independent third parties. We are neither responsible nor liable for the availability or content of these external resources.
12. Termination/Refund/Cancellation Policy
This agreement, your advertisement and indeed your association with Find My Locals may be terminated by written notice if:
You are in material breach of this agreement and the breach is not remedied within a period of 14 days after written notice has been served to you; or
In the event of circumstances referred to in clause 7 above; or
If the service is discontinued or if we are in material breach of this agreement and the breach is not remedied within the period of 14 days after written notice of the breach has been served upon us, you may terminate this agreement and receive a ‘pro-rata’ refund within 14 days after the written notice
Within the 14 days cooling off period, you can exercise your statutory right to cancel your instruction without any reason being given and receive a full refund. If you choose to cancel your agreement with us after the 14 days cooling off period, you may do so in writing stating the reason(s) for the termination and Find My Locals will cease to advertise and promote your business. No refund shall be made or due if you terminate the agreement after the statutory 14-day period.
We may transfer and/or assign our rights and/or our obligations under these terms and conditions and this will not affect your rights. You may not transfer any of your rights or obligations under these terms and conditions.
If you breach these terms and conditions and we ignore this, we will remain entitled to use our rights and remedies at a later date or in any other situation where you breach these terms.
These terms and conditions shall be governed by English Law.
We aim to resolve any disagreements quickly and efficiently.
14. Data Protection & GDPR
We will keep your data safe on EU based servers with upto date software and regular PCI-DSS based penetration tests.
We will ensure that all staff involved in the processing of personal data are subject to an obligation to keep confidential any such personal data that you send to us.
We will notify you immediately in the event of any suspected breach of our obligations under the GDPR.
We will delete any of your data upon request.
We will provide you with whatever evidence you reasonably require to demonstrate our adherence to the requirements of the GDPR, within 30 days of any request received by you as long as such a request is made in writing and is sent via email to firstname.lastname@example.org
We will not share your data with any third parties apart from our approved sub processors which are only used for fulfilling delivery of your direct mail campaigns.
We will not keep your data for longer than you have requested. You can easily change your data retention policy settings from our the settings page.
14.1 Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 14 is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.
14.2 The parties acknowledge that for the purposes of the Data Protection Legislation, the Customer is the Data Controller and find my locals is the Data Processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation). The scope, nature and purpose of any data processing by find my locals (as defined in the Data Protection Legislation) will be to provide the Customer with the Services as stated in clause 2. The term of processing is for the duration of this agreement or otherwise requested by the Customer with a retention policy setting.
14.3 Without prejudice to clause 14.1, the Customer will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to find my locals for the duration and purposes of this Agreement.
14.4 Without prejudice to clause 14.1, find my locals shall, in relation to any Personal Data processed in connection with the performance by find my locals of its obligations under this Agreement:
a) process that Personal Data only on the written instructions of the Customer unless find my locals is required by the laws of any member of the European Union or by the laws of the European Union applicable to find my locals to process Personal Data (“Applicable Laws”). Where find my locals is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, find my locals shall promptly notify the Customer of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit find my locals from so notifying the Customer;
b) ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the Customer, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
c) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
d) not transfer any Personal Data outside of the European Economic Area unless the prior written consent of the Customer has been obtained and the following conditions are fulfilled:
(i) the Customer or find my locals has provided appropriate safeguards in relation to the transfer;
(ii) the Data Subject has enforceable rights and effective legal remedies;
(iii) find my locals complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
(iv) find my locals complies with reasonable instructions notified to it in advance by the Customer with respect to the processing of the Personal Data;
e) assist the Customer, at the Customer’s cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
f) notify the Customer without undue delay on becoming aware of a Personal Data breach;
g) at the written direction of the Customer, delete or return Personal Data and copies thereof to the Customer on termination of this Agreement unless required by Applicable Law to store the Personal Data; and
h) maintain complete and accurate records and information to demonstrate its compliance with this clause 14.
14.5 The Customer consents to find my locals appointing third-party processors of Personal Data under this Agreement (a list of which is available on request). find my locals confirms that it has entered or (as the case may be) will enter with the third-party processor into a written agreement. As between the Customer and find my locals, find my locals shall remain fully liable for all acts or omissions of any third-party processor appointed by it pursuant to this clause 14.
14.6 Either party may, at any time on not less than 30 days’ notice, revise this clause 14 by replacing it with any applicable controller to processor standard clauses or similar terms forming party of an applicable certification scheme (which shall apply when replaced by attachment to this Agreement).
15. Changes to the Service
We may from time to time amend these conditions. The updated version of the conditions will be made available, with the effective date. You agree to visit out ‘terms and conditions’ page on www.findmylocals.com regularly to find out about any such changes.
These Terms and Conditions were updated 22/05/18.