Shop owner terms.

Section 1

1.1 These terms apply to anyone who creates an owner account, claims, creates or manages a listing, or buys a Premium Listing on SaffronShops (saffronshops.com). They form a legal agreement between you and us.

1.2 SaffronShops is operated by Tydeman Nar Ltd, a company registered in England and Wales (company number 16164153), of 22 Hale Close, Royston, England, SG8 6ET ("SaffronShops", "we", "us", "our"). You can contact us at [email protected].

1.3 You accept these terms when you first do any of the following: create an owner account, tick the box confirming you agree, submit or claim a listing, or pay for a Premium Listing.

1.4 These terms apply alongside our general website terms and conditions, privacy policy and cookies policy. If there is a conflict about your owner account, your listing or a Premium Listing, these terms take priority.

1.5 You confirm that you are acting for the purposes of your business, trade or profession, including as a sole trader or market trader, and not as a consumer.

1.6 If we added your business to the directory from publicly available information and you have not created an owner account, these terms do not bind you. You can still ask us to correct or remove the listing at any time, free of charge, as explained in section 6.

2. Definitions

Section 3

3.1 The Directory is for shops, market stalls, businesses and organisations that trade in or serve Saffron Walden and the surrounding area. We decide, acting reasonably, whether a business is eligible and which category it belongs in.

3.2 You must own the business or be authorised to act for it. We may ask for reasonable evidence of this before we approve a claim, a new Listing or a change.

3.3 New Listings and changes to published Listings are reviewed by us before they appear. We may decline a submission or ask you to change it.

3.4 If you are a market trader, your Listing may describe your stall and the days you usually trade. You are responsible for holding any pitch, licence or permission you need from the market operator. A Listing does not give you any right to trade.

3.5 You must keep your password confidential and are responsible for everything done through your Owner Account. Tell us straight away if you think someone else has used it.

3.6 The name, email address and other details on your Owner Account must be accurate and kept up to date, because we use them to contact you about your Listing.

3.7 If two or more people claim the right to manage the same Listing, we may suspend owner access to it until the matter is settled. We will decide who manages it based on the evidence we are given.

Section 4

4.1 You are responsible for your Listing Content, even after we have reviewed and approved it. Our review is an editorial check, not a guarantee that the content is accurate or lawful.

4.2 Your Listing Content must:

• be accurate, up to date and not misleading;
• describe only your own business and the goods or services it really offers;
• be yours to use, including the rights to any photographs, logos and text, and the consent of anyone who can be identified in a photograph;
• comply with the law and with UK advertising rules, including rules on pricing, offers and age-restricted or regulated products.

4.3 Your Listing Content must not:

• be unlawful, defamatory, offensive, discriminatory or obscene;
• make false or unfair claims about your business or anyone else's;
• infringe anyone's copyright, trade mark, privacy or other rights;
• contain viruses, harmful code or links to unsafe websites;
• promote a business other than the one the Listing is for.

4.4 You must keep your Listing up to date. Please update opening hours, address, contact details and trading days within 14 days of any change, and tell us if the business closes or leaves the area.

4.5 We may edit Listing Content for spelling, length, layout and house style. We will not change the meaning of factual details without telling you.

4.6 Any sale, booking or other arrangement between you and a customer is between the two of you. We are not a party to it and are not your agent.

Section 5

5.1 You keep ownership of your Listing Content.

5.2 You give us a non-exclusive, royalty-free permission to copy, format, resize, display and publish your Listing Content for the purposes of running and promoting the Directory. This includes use on the website, in our email newsletters, on our social media pages and in printed or online material promoting the Directory and the town.

5.3 This permission extends to service providers acting for us, such as our hosting and email providers.

5.4 The permission ends when your Listing Content is removed from the Directory, except that copies may remain in backups, archives and material already published or printed.

5.5 We will not sell your Listing Content or use it for purposes unrelated to the Directory.

Section 6

6.1 We aim to display every Listing accurately, but we do not guarantee that a Listing will be free from errors or omissions. Errors can come from information you supplied, from public sources, or from us.

6.2 Please check your Listing when it is first published and after each change. If you find an error, tell us promptly through your Owner Account or by emailing [email protected].

6.3 We will correct an error that we have made as soon as reasonably practicable, and will aim to do so within 5 working days of receiving a clear request. There is no charge for corrections.

6.4 Where an error is ours, correcting it within a reasonable time after you tell us is our only obligation to you for that error. If you have a Premium Listing and our error meant it was not displayed, or was materially wrong, for more than 7 days in a row, we will also extend your Premium Term by the same number of days.

6.5 If someone else reports that a Listing is inaccurate or misleading, we may amend it or take it out of public view while we check. We will tell you where we have contact details for you.

6.6 You can ask us to remove your Listing at any time, free of charge. We will take it out of public view as soon as reasonably practicable once we have confirmed you represent the business.

6.7 Search engines and other websites may hold copies of an earlier version of your Listing. We do not control those copies and cannot promise they will be updated or removed.

Section 7

7.1 What you get. A Premium Listing is a paid upgrade that highlights your Listing in the Directory. The features are those described on the site when you buy, which currently include highlighted styling, a higher position in its category and in search results, a place in the homepage feature rotation, and extra photographs.

7.2 Labelling. We will show visitors that a Premium Listing is a paid-for or featured placement. The law requires this and you agree to it.

7.3 No exclusivity or fixed position. Other businesses, including your competitors, can also buy Premium Listings. Where several Premium Listings appear together we decide the order, which may rotate. We do not promise a particular position.

7.4 No guaranteed results. A Premium Listing is designed to make your Listing more visible. We do not promise any number of views, clicks, enquiries, visits or sales.

7.5 Not an endorsement. Paying for a Premium Listing does not buy our recommendation or editorial coverage. Your Listing Content must still meet section 4 and is still reviewed before it is published.

7.6 Price and payment. The Premium Fee is £10 per month / £60 per year inc VAT. It is payable in advance by card through our payment provider. Your Premium Listing starts once payment has been received and your Listing is approved.

7.7 Renewal. Your Premium Listing renews automatically for the same period at the then current Premium Fee unless you cancel before the renewal date. For annual terms we will email a reminder at least 14 days before renewal.

7.8 Price changes. We may change the Premium Fee by giving you at least 30 days' notice by email. The new price applies from your next renewal, not during a Premium Term you have already paid for.

7.9 Cancelling. You can cancel at any time in your Owner Account or by email. Your Listing stays a Premium Listing until the end of the Premium Term you have paid for and then becomes a Standard Listing. Except as set out in 7.10, Premium Fees are not refundable.

7.10 Refunds. We will refund the unused part of your Premium Fee, calculated by the day, if:

• we withdraw Premium Listings or close the Directory during your Premium Term;
• we end this agreement under 13.4 when you have not broken these terms; or
• you cancel under section 14 because of a change to these terms.

7.11 Non-payment. If a payment fails or is reversed, we may change your Listing back to a Standard Listing until payment is made.

7.12 Removal for breach. If we suspend or remove your Listing because you have broken these terms, you are not entitled to a refund.

Section 8

8.1 Standard Listings are free. We are not obliged to include any business in the Directory or to keep a Standard Listing in it.

8.2 We provide the Directory with reasonable care, but on an "as available" basis. We do not promise that it will always be available, uninterrupted, secure or free from faults. We may suspend it for maintenance, security or other operational reasons.

8.3 We may change the design, categories, features and ordering of the Directory at any time. If a change removes a main feature of a Premium Listing during your Premium Term, section 7.10 applies as if we had withdrawn it.

8.4 We do not promise any position for your Listing in the Directory, in our site search or in search engines such as Google.

8.5 The Directory relies on services run by others, including hosting, maps, payment and email providers. We are not responsible for faults in services we do not control.

8.6 We do not check who visits the Directory. We are not responsible for what visitors do with the information in your Listing, including unwanted calls, emails or sales approaches.

8.7 Please keep your own copies of the text and photographs you upload. The Directory is not a backup service.

Section 9

9.1 Your account details. We use the personal information on your Owner Account to run your account, review your Listing, take payment and contact you about the service. Our privacy policy explains how.

9.2 Listings are public. Listing Content is published on the open internet. It can be seen, copied and indexed by anyone, including search engines. Do not include anything you want kept private, such as a personal mobile number or home address.

9.3 Other people's information. If your Listing Content includes information about other people, such as staff names or photographs, you must have told them and have a lawful basis to share it.

9.4 Sending information over the internet. We use appropriate technical and organisational measures to protect information we hold. However, no transmission over the internet is completely secure, and we cannot guarantee the security of information while it is being sent to or from the site. To the extent the law allows, you send information at your own risk.

9.5 Emails. We will send service messages about your account, Listing and payments to the email address on your Owner Account. Email can be delayed or filtered, so we are not responsible for messages that do not reach you if we sent them to that address. We will only send marketing emails where the law allows, and you can opt out at any time.

9.6 Statistics. Any figures we give you about views or clicks are estimates for guidance only.

9.7 Our legal duties. Nothing in these terms limits our obligations, or your rights, under data protection law.

Section 10

10.1 We own the SaffronShops name, logo, website design, software and original content. These terms do not give you any rights in them except as set out in 10.2.

10.2 While you have a published Listing you may link to it and say that your business is listed on SaffronShops. You must not suggest that we endorse, recommend or are in partnership with your business.

10.3 You must not copy, scrape or extract other businesses' Listings or any substantial part of the Directory.

Section 11

11.1 Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be excluded or limited by law.

11.2 Subject to 11.1, we are not liable to you for any:

• loss of profit, sales, revenue, business or opportunity;
• loss of goodwill or reputation;
• loss of or damage to data;
• indirect or consequential loss.

11.3 Subject to 11.1, we are not liable for loss arising from:

• Listing Content or other information supplied by you;
• an error or omission in a Listing that we corrected within a reasonable time of being told about it;
• a Listing we created from publicly available information before you claimed it;
• the Directory or your Listing being unavailable, or its position in the Directory or in search engines;
• the use of the Directory or your Listing by visitors, other businesses or anyone else;
• interception of, or unauthorised access to, information while it is being sent over the internet, where we had appropriate security measures in place;
• a fault in a service run by someone else, or any event outside our reasonable control.

11.4 Subject to 11.1, our total liability to you for all claims arising in any 12 month period is limited to the greater of the Premium Fees you paid us in that period and £100.

11.5 All warranties and terms implied by law are excluded to the fullest extent the law allows.

11.6 You must tell us about any claim within 12 months of becoming aware of the facts behind it. We are not liable for claims notified later.

11.7 You agree these limits are reasonable, given that Standard Listings are free and Premium Fees are modest compared with the losses a business could claim.

Section 12

12.1 You will compensate us for reasonable losses, costs and expenses, including reasonable legal fees, that we incur because of a claim or complaint by someone else arising from:

• your Listing Content, including any claim that it is inaccurate, misleading or infringes someone's rights;
• your goods, services or dealings with customers;
• your breach of these terms.

12.2 We will tell you promptly about any such claim, take reasonable steps to keep our losses down, and not settle it without first discussing it with you where practicable.

Section 13

13.1 You can close your Owner Account or ask us to remove your Listing at any time.

13.2 We may suspend or remove a Listing, or suspend or close an Owner Account, if:

• you break these terms;
• we reasonably believe the Listing is inaccurate, misleading or unlawful, or we receive a credible complaint about it;
• we cannot confirm that you are authorised to represent the business;
• the business has closed or is no longer eligible under 3.1;
• a Premium Fee is unpaid; or
• we need to do so to comply with the law or to protect the Directory or its users.

13.3 Where practicable we will tell you first and give you 7 days to put things right. We may act straight away where the problem is serious or cannot be put right.

13.4 We may end this agreement for any other reason by giving you at least 30 days' notice by email. If you have a Premium Listing, section 7.10 applies.

13.5 If you close your Owner Account without asking us to remove the Listing, we may continue to show a basic Listing for the business using publicly available information. You can ask us to remove it at any time.

13.6 Sections 5.4, 9, 11, 12 and 15 continue to apply after this agreement ends.

Section 14

14.1 We may update these terms to reflect changes in the law, the Directory or how we run it. The date at the top shows when they were last updated.

14.2 We will email you at least 30 days before any change that significantly affects your rights or obligations. Continuing to use your Owner Account after the change takes effect means you accept the new terms.

14.3 If you do not accept a change, you can close your Owner Account before it takes effect. If you have a Premium Listing and the change is significantly to your disadvantage, you can cancel and receive a refund under section 7.10.

Section 15

15.1 Whole agreement. These terms, together with the documents referred to in 1.4, are the whole agreement between you and us about your Owner Account and Listing.

15.2 No partnership. Nothing in these terms makes you and us partners or makes either of us the other's agent.

15.3 Transfer. We may transfer our rights and obligations to another organisation that takes over the running of the Directory, and will tell you if we do. You may not transfer yours without our written consent, which we will not unreasonably refuse if you sell your business.

15.4 Other people's rights. Nobody other than you and us has any right to enforce these terms.

15.5 If part is invalid. If a court finds any part of these terms unenforceable, the rest continues to apply.

15.6 Delay. If we do not enforce a right straight away, we can still enforce it later.

15.7 Notices. We will send notices to the email address on your Owner Account. You should send notices to [email protected].

15.8 Complaints. If you are unhappy with anything, please email us first so we can try to resolve it.

15.9 Law and courts. These terms are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction over any dispute.

15.10 Contact. SaffronShops, 22 Hale Close, Royston, England, SG8 6ET. Email: [email protected].