Please read these terms and conditions carefully as they relate to all users of MTMO Websites.

MTMO Website Terms & Conditions

1. Introduction

1.1 We as MTMO own and operate mtmo.co.uk & makethemostof.co.uk (hereinafter referred to as MTMO Websites) and are a limited company registered in England and Wales as MTMO Ltd t/a Make The Most Of & MTMO, a company registered in England and Wales under number 07783948 whose registered office is 32 St Asaph Business Park, St Asaph, Denbighshire, LL17 0JA, United Kingdom.

1.2 These MTMO Website Terms & Conditions relate to how You may use the MTMO Websites (the “Conditions”).

1.3 We legally own the intellectual property rights used in and relating to the MTMO Websites, including:

1.3.1 MTMO trademarks and related logos;

1.3.2 our database (the “Database”);

1.3.3 the design, text, graphics, articles, blogs and other content of the web pages on the MTMO Websites, other than those which we may be under licence;

1.3.4 in all the software used in relation to the MTMO Websites, other than that which we use under licence.

1.4 MTMO Websites also display/use/feature information supplied by other organisations, including information about:

1.4.1 maps, licensed by Google and Codepoint TM from Ordnance Survey for full UK postcodes content. There are limits on what you can use map information for. Please visit http://maps.google.com/help/terms_maps.html for more details.

1.5 Any data provided by governmental sources is subject to Crown Copyright protection, under the Open Government License or Freedom of Information

2. About these conditions

2.1 For the purpose of these Conditions, the term “MTMO Websites” refers collectively to the following MTMO websites and the term “MTMO Website” refers to any one of the following: –

2.1.1 mtmo.co.uk

2.1.2 makethemostof.co.uk

2.1.3 MTMO community intranet for businesses

2.1.4 the Database;
including any other website, we may own or run from time to time that links through to these Conditions.

2.2 If you log on to or use any part of the MTMO Websites you agree to these Conditions. If you do not want to agree to these Conditions, do not log on to or use the MTMO Websites.

2.3 MTMO Websites provide information to web users so that they may connect with the advertising business, organisations or communities directly (whether for an enquiry, or purchase of goods and services). When you choose to connect with any of the businesses, organisations or communities featured on the MTMO Websites, you do so at your own risk and MTMO does not accept any liable in terms of the contact and connections you choose to make as a result of the information contained in the advertising features that appear on the MTMO Websites. Please also be aware that any connections you make with the independent businesses, organisations or communities, may be subject to other terms and conditions, guidelines and policies and it is your responsibility to familiarise yourself with them before entering into any form of contract with them.

2.4 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 a MTMO Websites you agree to all the changes we make to these Conditions.

2.5 For any Business, Organisation or Community featuring and advertising on the MTMO Websites, they must also adhere to the MTMO Business Terms & Conditions and MTMO Rules.

3.Use

3.1 Where any of the MTMO Websites allow you to: –

3.1.1 order goods and services and to pay for the goods and services;

3.1.2 contact the organisations that provide these goods and services; or

3.1.3 take part in the MTMO community intranet,
we may limit your access to all or some parts of the MTMO Websites; or may not accept you as a MTMO business account holder (as the case may be), depending on whether you have registered with us or, in the case of a MTMO Business or Community clients, completed and submitted an online registration form as per the MTMO Business Terms & Conditions. Also, you may not be permitted to order MTMO products and services/ pay for those products and services until you register with us. We may, in our absolute discretion, accept or refuse any registration application.

3.2 Please do not tell other people your login details, password or any other piece of information that is part of our security procedures. We will take steps to prevent people misusing the MTMO Websites and to make sure that our rights are not affected. You are responsible for the content of any material provided using your login details and password. You must notify us immediately if your login details and/ or password are used without your permission. We have the right to disable any account if, in our absolute discretion if you have failed to comply with these Conditions, including if your display name is inappropriate in any way.

3.3 You acknowledge and agree that: –

3.3.1 you are responsible for any MTMO account (your “MTMO Account”) you may use whilst on any of the MTMO Websites and maintaining the confidentiality of your password and you shall take all necessary steps to ensure that your password is kept confidential and secure;

 3.3.2 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;

3.3.3 you accept all responsibility for any and all activities that occur at or through your MTMO Account (whether authorised or not); and you shall ensure that all information that you provide to us is and remains at all times true, correct and complete.

3.4 Your MTMO Account gives you access to your secure MTMO Dashboard and is only available to businesses, organisations and communities in line with the MTMO Business Terms & Conditions and the login process will not be available to the general public who choose to use the MTMO websites for sourcing online information.

3.5 We process information about you in line with our Privacy & Cookies Policy. By using the MTMO Websites, you agree to the way in which we process your personal information.

3.6 You must make sure that: –

3.6.1 where applicable, all information you give us is true, correct and complete and let us know if it changes; and (where applicable)

3.6.2 where applicable, all electronic files you give us use properly licensed software and are free from viruses and other malware.

 

4. Our Responsibilities

4.1 Subject to these conditions, we shall endeavour to: –

 4.1.1 make the MTMO Websites available; and,

4.1.2 if you to place an order for MTMO Services, send to the email address that you provide an email confirming receipt and details of any order that we accept subject to the MTMO Business Terms and Conditions.

4.2 You cannot use a MTMO Website: –

4.2.1 for any unlawful purpose;

4.2.2 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 or any other company within our group of companies;

4.2.3 to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists;

4.2.4 to provide any kind of commercial information service;

4.2.5 as a source of material or contact data for any kind of marketing activity;

4.2.6 in a way that affects how it is run;

4.2.7 in a way that imposes an unreasonable or disproportionately large burden on our communications and technical systems as determined by us;

4.2.8 to tamper with, update or change any part of the MTMO Websites;

4.2.9 use any automated means to monitor or copy the MTMO Websites or their content, or

4.2.10 to interfere with or attempt to interfere with how a MTMO Website works.

4.3 You must not artificially increase the number of click counts or click-throughs for any advertisement or advertiser, including by: –

4.3.1 any manual means (such as repeatedly clicking on adverts or refreshing pages);

4.3.2 any automated means (such as computer-generated search requests or similar devices); or

4.3.3 asking someone to carry out these activities (including by offering any benefit or incentive).

4.4 We have the right to investigate your online activities, your online MTMO account (if you have one), your MTMO online activities through the MTMO community Intranet and any order that you place with MTMO. You agree to provide reasonable help with these matters.

4.5 We may suspend and have the right to modify all or any part of the MTMO Websites, (including any services or products that we offer on the MTMO Websites) 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 MTMO Websites. In doing so we will endeavour not to diminish the value of any products or services that we offer to any material degree to our Business, Organisational or Community clients.

4.6 We may suspend or cancel your use of the MTMO Websites or your online account with MTMO or user details relating to any of the MTMO Websites if: –

4.6.1 you do not keep to these Conditions;

4.6.2 you use the MTMO Websites in an inappropriate or unreasonable way;

4.6.3 you fail to pay the charges you owe us for any products or MTMO Services you buy from us (whether you buy them through any of the MTMO Websites or through another sales channel);

4.6.4 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 MTMO Websites 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

4.6.5 where you have a MTMO Account with any MTMO Website, and 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 liquidation (except for the purposes of amalgamation or reconstruction).

4.7 To be clear, if we suspend or cancel any of your MTMO Accounts or MTMO user details, you will still have to pay us for any MTMO Services or products you have bought from us.

5.Material provided to any MTMO Websites

5.1 If you provide any material to any MTMO Website (for example, by commenting on a blog, posting a review or 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 or otherwise (including altering and adapting it for operational or editorial reasons) in any media worldwide, which may include syndicating the material to selected third party social media and networking sites.

5.2 After posting or emailing your material to any MTMO Website, you continue to own that material, and you continue to have the right to use your material in any way you choose.

5.3 Please choose carefully any information you post on any MTMO Website, as it will be available for public viewing. By providing any material to a MTMO 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: –

5.3.1 your material is your own original work or you are authorised to provide it any MTMO Website

5.3.2 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

5.3.3 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 laws of England and Wales;

5.3.4 your material does not promote any illegal activity or discrimination;

5.3.5 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, trademark, privacy or other rights of a third party;

5.3.6 your material is not in any way liable to mislead others or otherwise be detrimental to or inconsistent with our good name or reputation;

5.3.7 your material does not contain any virus or other code that may damage, interfere with or otherwise adversely affect the operation of the website;

5.3.8 if your material is intended to promote your own business or services, you will clearly and openly state your association with the particular business;

5.3.9 you will not falsify or delete any author attributions, legal or other proprietary notices, designations or labels; and

5.3.10 your material complies with our MTMO Rules.

5.4 You acknowledge that we do not have a duty to publish any material you have provided.

5.5 We have the right to: –

5.5.1 reject or refuse to post any material you have provided;

5.5.2 remove any material from any MTMO Website, whether or not the material goes against any of these conditions; or

5.5.3 restrict, suspend or stop your access to all or any part of any MTMO Website, at any time.

5.6 We will usually display your name with your material on MTMO Websites, 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 & Cookies Policy.

5.7 If you do not want to grant us the permission set out above in these terms, please do not provide any material to any MTMO Website.

5.8 We do not edit, pre-vet or review any third party material displayed on any Material Website that is not supplied by a advertising Business, Organisation or Community. We operate a notice and take down procedure regarding such material. If you believe that any comment or review does not comply with the requirements set out in these conditions, please notify us immediately. We will then review the material and, where we deem it appropriate, remove the material within a reasonable time.

6. Disclaimers

6.1 Please be aware of the following: –

6.1.1 You use the website at your own risk.

6.1.2 We advise you to make sure you are satisfied with the exact type and nature of goods or services being offered by any organisations 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;

6.1.3 You should not rely on the MTMO websites for advice;

6.1.4 We cannot guarantee the accuracy of the results of any search made via the MTMO search options, including, but not limited to the Keyword Search Tool, Voice Search, Pippa Ninja Chat Bot Search or Location Based Search.

6.1.5 The MTMO Websites contain hyperlinks to websites run by companies other than MTMO. We do not control, and are not responsible for, any other websites made available from or through MTMO Websites. 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.

6.2 As far as the relevant laws allow, neither we nor any other members of MTMO, shareholders, officers, shareholders, staff or other organisations connected to us (collectively, ‘MTMO Personnel’) give you any guarantees that: –

6.2.1 there will be no problems with how you use MTMO Websites; or

6.2.2 the computer or server you use to log on to MTMO Websites is free of viruses or other harmful programmes.

7. Limits to our liability

7.1 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 MTMO Websites. We will take all commercially reasonable steps to minimise any such periods of interruption or non-availability.

7.2 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. For the avoidance of doubt, third party data also includes (but not limited to) the information provided by advertisers featuring and appearing on MTMO Websites.

7.3 Nothing in these Conditions shall limit or exclude liability in respect of death or personal injury caused by negligence, or fraudulent misrepresentation.

7.4 Under no circumstances will the MTMO Personnel or any other organisation involved in creating, producing, maintaining or distributing the MTMO Websites be liable for any of the following losses or damage (whether such losses or damage were foreseen, foreseeable, known or otherwise): –

7.4.1 loss of revenue

7.4.2 loss of actual or anticipated profits (including for loss of profits on contracts);

7.4.3 loss of anticipated savings;

7.4.4 loss of business;

7.4.5 loss of opportunity;

7.4.6 loss of goodwill;

7.4.7 loss of reputation;

7.4.8 loss of, damage to or corruption of data or software;

7.4.9 wasted expenditure; or

7.4.10 any indirect or consequential loss or damage howsoever caused.

7.5 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: –

7.5.1 using or relying on the MTMO Websites;

7.5.2 not being able to use the MTMO Websites;

7.5.3 any mistake, fault, failure to do something, missing information, or virus on the MTMO Websites 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;

7.5.4 theft, destruction of information or someone getting access to our records, programs or services without our permission;

7.5.5 goods, products, services or information received through or advertised on MTMO Websites or any links provided by MTMO Websites; or

7.5.6 any information, data, message or other material which you e-mail, post, upload, reproduce, send, or otherwise distribute or receive using the MTMO Websites.

7.6 While using MTMO Websites you will likely access third-party websites through search results displayed on MTMO Websites via links contained on MTMO Websites. Such third-party websites are not under the control of MTMO and MTMO is not responsible for the availability of such sites or their contents.

7.7 Any links provided on MTMO Websites are provided for your interest or convenience only and do not represent or imply any endorsement by MTMO of such linked sites. You acknowledge that the use of such third-party websites is governed by the terms and conditions of use applicable to such sites.

7.8 Searches of the World Wide Web via and on MTMO Websites are conducted by an automated system. MTMO makes no representation or warranty, either express or implied as to the accuracy, currency, content or quality of such search results. Additionally, your searches of the World Wide Web using MTMO Websites may produce results or link you to sites that you may find inappropriate or offensive.

7.9 MTMO shall not be responsible or liable, directly or indirectly for the accuracy, content, timeliness, completeness, legality, reliability, quality, suitability, merchantability or decency of any information, advice, content, service, product or merchandise contained in sites listed in MTMO Websites or linked to MTMO Websites.

7.10 Maps and directions are provided within the accuracy limitations of the technology used to provide such Maps, searches and directions. Maps, searches and directions are provided on an “as is” basis and MTMO is unable to warrant that the technology will return the most accurate or most convenient suggestion for any particular enquiry and therefore cannot be held responsible for any inaccurate linkage to mapping data or street view search results when used by a User of the MTMO websites.

7.11 A Postcode location may provide only a general location with limited accuracy and the provided location may not correspond with a true visit-able address in respect of a User. MTMO cannot be held liable for any inaccurate mapping, street view and map pin locations.

7.12 By using the Mapping, Street View and Map Pin information, any resulting directional data (including but not limited to, directions, travel information, opening hours, access) you access via the MTMO websites, you agree and accept that neither MTMO nor any of its employees, agents, or service providers shall be liable to You, or any third party for any error in the information, fine, traffic penalty, damages or other losses or claims arising out of or in connection with your use of the Maps, searches or directions therein.

8.Indemnities

8.1 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.

9.General

9.1 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.

9.2 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.

9.3 A person who is not a party to these Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of these Conditions.
9.4 The headings of these Conditions are for convenience only.

10.The Whole Agreement

10.1 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.

10.2 The laws of England and Wales apply to your use of the MTMO Websites and these Conditions. We control the MTMO Websites from within the United Kingdom. However, you can get access to the MTMO Websites from other places around the world. Although these places may have different laws from the laws of England and Wales, by using the MTMO Websites you agree that the laws of England and Wales will apply to everything relating to you using a MTMO Website and you agree to keep to these laws. We have the right to take you to court in the country you live in.

April 2018

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