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Terms & Conditions

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The Market People Terms of Use

            1.	Introduction
1.1	This agreement ("Agreement") is entered into between THE MARKET PEOPLE LIMITED, a company registered in England and Wales (company registration number  0800439) whose registered office is at 5 Bridge Street, Nailsworth, Stroud, Gloucestershire GL6 0AA ("TMP") and you, a user of the website at www.themarketpeople.com (the "Website"), referred to in this Agreement as the "you" or the "User".  In this Agreement, TMP and the User are referred to individually as a "Party" and together as the "Parties".
1.2	This Agreement sets out the terms and conditions on which TMP agrees to make available and you agree to access and use the Website.
2.	Definitions
In this Agreement, the following terms will have the following meanings:
"Confidential Information" means any information, including, without limitation, the terms of this Agreement, which has been or is disclosed by one Party (the "Discloser") to the other (the "Recipient") in connection with this Agreement, however such information is disclosed, including, without limitation, in writing, orally or electronically; 
"Intellectual Property Rights" means all copyright and related rights, patents, rights to inventions, utility models, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, broadcast rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world; and
"User Data" means all data or other information the User (or TMP on the User's behalf) inputs or otherwise contributes to the Website.
3.	The relationship between the User and TMP
3.1	By accessing and / or using the Website, or clicking on the "I accept" button to signify your acceptance of this Agreement, you accept the terms of this Agreement and enter into a legally binding contract with TMP.  If you do not agree to these terms, you should not use the Website.
3.2	TMP may, at its sole discretion, modify or replace this Agreement at any time.  It is your responsibility to check this Agreement periodically for changes.  Your continued use of the Website following the posting of any changes to this Agreement and / or, when prompted, by clicking the "I accept" button on the Website, constitutes your acceptance of such changes.  If you do not agree to such changes, you should stop using the Website.
3.3	This Agreement sets out the entire agreement between the Parties and supersedes all previous agreements or representations in relation to its subject matter.  Each Party agrees that: (i) in entering into this Agreement, it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this Agreement; and (ii) subject to Clause 8.3, its only liability in respect of those representations and warranties that are set out in this Agreement (whether made innocently or negligently) shall be for breach of contract. 
3.4	If you wish to register with TMP, as either a trader or an operator, you shall enter into a separate contract with TMP, into which these terms shall be incorporated. 
4.	The Website 
4.1	TMP reserves the right at any time to modify or temporarily suspend access to the Website (or any part of the Website) for any reason with or without notice. You agree that TMP shall not be liable to you or to any third party for any loss caused by modification or suspension of access to the Website.
4.2	Subject to your compliance with the terms and conditions of this Agreement, TMP grants you a non exclusive, non-transferable, non-sublicensable right to access and use the Website for your individual use only.
4.3	You agree not to do or attempt to do any of the following:
(a)	copy, modify, adapt, publish, distribute, make available, enhance or translate the Website or any part of the Website;
(b)	sublicense your rights to use the Website or grant or purport to grant to any other third party any right in or to the Website; 
(c)	decompile or disassemble any portion of the Website or its components unless: (1) Section 50B of the Copyright, Designs and Patents Act 1988 or other applicable law confers on you any right to decompile or disassemble any portion of the Website or its components; and (2) prior to such actual or attempted disassembly or decompilation, you have notified TMP in writing that you require such information as is necessary to permit you to create an independent program which can be operated with any portion of the Website or the components of the Website and TMP has not provided such information within one month of your written request; and (3) the information so obtained is not used for any other purpose;
(d)	interfere with or disrupt the operation of the Website or access to it;
(e)	restrict or inhibit the ability of any other person to access or use the Website;
(f)	remove, obscure or modify any copyright, trade mark, or other proprietary rights notice from the Website;
(g)	create a database by systematically downloading and storing all or any part of the Website; 
(h)	use any robot, spider, search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine," or in any way gather or reproduce the Website or circumvent the navigational structure or presentation of the Website; and / or
(i)	use the Website or access to it for any purpose, and / or to upload any content or data, which:
(i)	is unlawful, harmful, threatening, harassing, defamatory, obscene, libellous, invasive of another's privacy, or infringes upon another person or entity's rights, such as another person or entity's Intellectual Property Rights;
(ii)	involves the transmission or other making available of any computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment (including, without limitation, any virus, worm, Trojan horse, Easter egg, time bomb or spyware); and / or
(iii)	involves the impersonation of any person or entity, falsely stating or otherwise misrepresenting an affiliation with any person or entity, or expressing or implying that TMP endorses any statement you make.
			5.	Ownership
5.1	You warrant, represent and undertake that:
(a)	you own or have a valid licence to use, and will for the duration of this Agreement own or have a valid licence to use, any and all User Data that you input or otherwise contribute to the Website, and that such use will not infringe the rights of any third party; and
(b)	all such User Data is, and will throughout the duration of this Agreement be, true, accurate and up to date.
5.2	The Parties further confirm and agree that:
(a)	you and / or your licensors own all User Data; and
(b)	TMP owns and / or TMP's licensors own, and will at all times own, the Website and all Intellectual Property Rights in the Website.  Save with respect to User Data, TMP owns and / or TMP's licensors own all information and other data included in or accessed by means of the Website, or which is generated on it, and all Intellectual Property Rights in such information and other data.
5.3	You hereby grant TMP a worldwide, non exclusive, transferable, sublicensable, perpetual, royalty-free, fully paid-up licence during and after the term of this Agreement to copy, modify, distribute, publish, make available or otherwise use the User Data for any purposes relating to TMP's objectives.
5.4	Except as otherwise granted in this Agreement, you have no other rights to use the Website or any of TMP's Intellectual Property Rights.
6.	Linking to and from third party website(s)
6.1	From time to time, the Website may include links to third party websites. These links are provided for your convenience only and do not signify that TMP endorses such third party websites.
6.2	TMP does not review such third party websites and you acknowledge and agree that:
(a)	TMP is not responsible for such websites, including the terms on which such websites are made available and the privacy policies of such websites, and does not control their content or availability;
(b)	TMP makes no representation, warranty or condition, either express or implied, in relation to any goods or services or information received from such websites; and
(c)	if you access any such websites, you do so entirely at your own risk.
6.3	You may include links to the Website on another website providing you acknowledge and agree the following:
(a)	TMP is not liable to you for any loss you suffer as a result of such links;
(b)	TMP does not promise that the Website will be continuously available (and therefore such links may not always work);
(c)	you will not insert such links on any website which contains any content which is illegal, infringes any rights, such as the Intellectual Property Rights, of any third party or contains any adult content;
(d)	TMP's consent to such links does not constitute any grant of any rights in the Website to you or any third party; and
(e)	TMP reserves the right to object to any such links and require you to remove them.
7.	Term and termination
7.1	This Agreement shall continue in force until terminated in accordance with its terms. 
7.2	You may stop using the Website at any time.
7.3	TMP may terminate this Agreement immediately in the event that you are in breach of any of the terms of this Agreement.
7.4	Termination or expiry of this Agreement will not affect TMP's or your accrued rights and remedies.
7.5	On termination or expiry of this Agreement:
(a)	all rights granted to you under this Agreement, including, without limitation, your right to use the Website under Clause 4.2, will immediately cease; 
(b)	TMP shall have no obligations to you in relation to any data, including, without limitation, User Data or the Website (including, without limitation, any obligation to host, maintain or archive any such data for you); and 
(c)	you agree immediately to cease use of the Website.
7.6	Clauses 2, 3, 4.3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 0 and 15 will survive the expiry or termination of this Agreement.
			8.	Liability
8.1	It is your responsibility to ensure that the Website is suitable for your purposes.  TMP accepts no liability as to the suitability or fitness of the Website in meeting your needs and TMP excludes to the fullest extent permissible by law all warranties, representations, conditions or terms which may be implied.  Save as expressly provided in this Agreement, the Website is provided to you on an "as is" basis and TMP disclaims and does not accept any liability to you in respect of the Website or otherwise.  You also acknowledge and agree that the operation of the Website is dependent upon the quality of the data which is input to it and the proper and effective functioning of the internet and other third party equipment and services, and that TMP does not guarantee and will not be liable for these in any way. 
8.2	TMP accepts no responsibility or liability for the content or accuracy of any materials posted to the Website by you or any third party including traders, operators or any other Users of the Website. 
8.3	Notwithstanding Clause 8.1 or 8.2 above, TMP accepts liability for:
(a)	death or personal injury caused by TMP's negligence, or that of TMP's employees acting in the course of their employment; 
(b)	any fraudulent pre-contractual misrepresentations made by TMP upon which you can be shown to have relied; and
(c)	any other liability which by law TMP cannot exclude.
8.4	Subject to Clauses 8.3 and 8.5, neither Party shall be liable to the other for any special, indirect or consequential losses or damages, or any loss of data, profits, earnings, revenues, business or goodwill.
8.5	You will be liable for and will indemnify and keep TMP (together with TMP's employees, directors, sub-contractors and agents) indemnified from and against any and all claims, demands, proceedings, costs, charges, damages, loss and liability whatsoever incurred or suffered by TMP whether direct, indirect or consequential (including without limitation any economic loss or other loss of data, profits, revenues, business or goodwill) arising out of any dispute, claims or proceedings brought against TMP which relate to:
(a)	your use of the Website otherwise than in accordance with the terms of this Agreement; and
(b)	the infringement by you or any user authorised or purportedly authorised by you to use the Website of:
(i)	any applicable laws;
(ii)	any Intellectual Property Rights of TMP or any third party; or
(iii)	TMP's rights in its Confidential Information.
8.6	Subject to Clause 8.3, TMP's total aggregate liability to you under this Agreement shall not exceed ?1,000.
9.	Confidentiality
9.1	Each of the Parties (as Recipient) shall ensure that all Confidential Information is:
(a)	kept secure and confidential and disclosed to the Recipient's staff, professional advisers and contractors on a ?need to know? basis only; and
(b)	not disclosed to any other person outside the Recipient's organisation without the prior written agreement of the Discloser, except that:
(i)	TMP may make written or other announcements, and include written or other information in TMP's marketing materials, referring to the existence of (but, for the avoidance of doubt, not the terms of) this Agreement and TMP's commercial relationship with you; and
(ii)	TMP may disclose your Confidential Information to any of TMP's sub-contractors to the extent necessary to enable TMP to provide the services to you under this Agreement.
9.2	Each of the Parties (as Recipient) agrees that it will only disclose Confidential Information to persons who are subject to obligations of confidentiality, in relation to such Confidential Information, which are no less onerous than the obligations of confidentiality to which the Recipient is subject under this Agreement.
9.3	Nothing in this Agreement shall prevent the Recipient from disclosing Confidential Information which:
(a)	was previously known to the Recipient without obligation of confidence;
(b)	was independently developed by or for the Recipient;
(c)	was acquired by the Recipient from a third party which was not under an obligation of confidence with respect to such information;
(d)	is or becomes publicly available through no breach of this Agreement; or
(e)	the Recipient is required to disclose by order of a court or by a government body or agency.
10.	Assignment and sub-contracting
10.1	You shall not be entitled to assign, transfer or novate your rights and / or obligations under this Agreement without TMP's prior written consent.  You agree that TMP may, without the requirement for further written consent, assign, transfer or novate this Agreement and any of TMP's rights and obligations under this Agreement to any member of TMP's corporate group and / or to a purchaser of all or substantially all of TMP's business or assets but that TMP may not otherwise assign, transfer or novate this Agreement or any of its rights and obligations under it without your prior written consent.
10.2	You agree that TMP may, without the requirement for further written consent, sub-contract any of TMP's obligations under this Agreement to a third party supplier, providing always that such sub-contracting will not relieve TMP of such obligations to you.
			11.	Amendment and waiver
11.1	Any changes to this Agreement will only take effect if agreed in writing by both Parties.
11.2	The waiver (which must be in writing) on a particular occasion by either Party of any rights under this Agreement does not imply that other rights are waived.
12.	Notices
All notices which either Party is required to give to the other under this Agreement shall be in writing and shall be sent to the address for the other Party given in this Agreement, or such alternative address as such other Party may have provided to the notifying Party in writing from time to time.
13.	Third parties
A person who is not a Party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce or enjoy the benefit of any term of this Agreement.
14.	Privacy
The Parties agree to comply with TMP's Privacy Policy, a copy of which is available at http://www.themarketpeople.com/privpol.html and which is hereby incorporated by reference into this Agreement.
15.	Governing law, jurisdiction and validity
15.1	This Agreement will be governed by and construed in accordance with English law and the Parties agree to submit to the exclusive jurisdiction of the English courts.
15.2	If any part of this Agreement is held by a court to be invalid, unenforceable or illegal, the Parties agree that the remainder of this Agreement shall stand.
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