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Mount Fusion- Online Advertising Terms and Conditions
Before you can place advertising you must read and accept these terms and conditions set out. By clicking on the "Accept" button you are agreeing to be bound by these terms and conditions. If you do not accept these terms and conditions, you are not authorised to place adverts on Mount Fusion.
1. Acceptance - Means the time and date at which the Advertiser clicks on the "Accept" button on Mount Fusion.
2. Advertiser - Means you, the individual or company placing an order for Advertising Services.
3. Advertising Content - Means [the content of the advertisement as submitted by the Advertiser to Mount Fusion].
4. Advertising Services - Means [the provision of space on Mount Fusion and any other services provided pursuant to these terms and conditions].
5. Mount Fusion – Mount Fusion Ltd (Company Number 6844691) whose registered office is: 8 Shearwater, Bicester, Oxford, OX26 6YS.
6. "Mount Fusion" Means the site on the Internet located at: www.mountfusion.com
1. Acceptance
1.1 An order for Advertising Services placed by the Advertiser on Mount Fusion shall be subject to these terms and conditions.
1.2 All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
1.3 Nothing in these terms and conditions shall affect the statutory rights of any consumer.
1.4 On Acceptance, the Advertiser:
1.4.1 represents that he/she/it is duly authorised to enter into an agreement subject to these terms and conditions; and
1.4.2 shall be deemed to offer to purchase Advertising Services pursuant to these terms and conditions.
1.5 The Advertiser shall be responsible for ensuring the accuracy of the details provided using the online booking service and Mount Fusion Ltd will not be obliged to accept an order unless all details requested on the order form have been entered correctly.
2. Advertising
2.1. Mount Fusion Ltd - maintains a site on the Internet located at: http://www.mountfusion.com. This Agreement relates to Advertiser electronically submitting advertisements to the Mount Fusion via the on-line advertising booking service. Such Advertising Content will be posted and published by Mount Fusion Ltd. This content will then be available to and accessed by Mount Fusion users.
2.2. The booking service permits the placing of adverts onto the site for a four-week duration. 2.3. At all times, the Advertiser is solely responsible for electronically submitting the Advertising Content to Mount Fusion and the contents and details of any of the Advertising Content provided to Mount Fusion under these terms and conditions. Mount Fusion Ltd will not be liable or responsible for checking the Advertising Content to ensure it is correct, accurate and complete. Mount Fusion will not be liable for any errors, mistakes, or omissions made during the electronic submission, processing and/or posting the Advertising Content to Mount Fusion.
2.4. In the event of amending the advert or showing the item as sold, should the advert have already been published then the full advertising fees will be due and the Advertiser will not be entitled to a refund.
2.5. Mount Fusion Ltd may delete any Advertising Content from Mount Fusion or refuse to post any Advertising Content to Mount Fusion if
2.5.1 the content of a advert is:
2.5.1.2 not consistent with Mount Fusion Ltd's advertising standards;
2.5.1.3 likely to breach any applicable law or regulation;
2.5.2 the Advertiser has breached or threatened to breach these terms and conditions;
2.5.3 the content is obscene, defamatory, or infringes on any known intellectual property rights of any third party.
2.6. Mount Fusion Ltd may immediately delete, suspend, or refuse to accept any Advertising Content if the Advertiser fails a credit check carried out by Mount Fusion Ltd. Mount Fusion Ltd may check that the Advertiser or the person dealing with Mount Fusion on behalf of the Advertiser has authority to use any credit or other payment card in relation to these terms and conditions.
2.7. Mount Fusion Ltd may change the position of any Advertising Content on the Mount Fusion Site at any time if necessary or desirable for organisational or presentational reasons. Mount Fusion Ltd will give the Advertiser reasonable notice prior to any action being taken to remove an advert Mount Fusion.
2.8. Delivery. The delivery of the advert will be live on Mount Fusion within 36 hours of payment. In most cases the advert will be live within 12 hours.
3. Cancellation & Refunds
3.1. Mount Fusion Ltd may delete any Advertising Content without any reason at any time after Acceptance has occurred. In this event the Advertiser will only be liable for the Fees for the Advertising Content advertised on Mount Fusion up to the date of such deletion or refusal. Mount Fusion Ltd will refund any Fees pre-paid by the Advertiser where they take the decision to withdraw the service unless there has been a breach of these terms and conditions.
3.2. If on submission and payment of an advert to Mount Fusion the advertiser decides not to have the advert processed the advertiser must contact Mount Fusion by email or telephone providing the advert reference number requesting that the advert is not processed. A full refund will then be made.
3.3. Refunds after the advert has been processed and placed live on the Mount Fusion web site will be at Mount Fusions discretion and only in exceptional circumstances. Any refunds given at this point will be subject to a £25 admin charge.
3.2. If on submission and payment of an advert to Mount Fusion the advertiser decides not to have the advert processed the advertiser must contact Mount Fusion by email or telephone providing the advert reference number requesting that the advert is not processed. A full refund will then be made.
3.3. Refunds after the advert has been processed and placed live on the Mount Fusion web site will be at Mount Fusions discretion and only in exceptional circumstances. Any refunds given at this point will be subject to a £25 admin charge.
4. Warranties of Advertiser
The Advertiser warrants that:
4.1 in relation to Advertising Services the Advertiser agreements with Mount Fusion Ltd as a principal notwithstanding that the Advertiser may be acting directly or indirectly for the Advertiser as an advertising agent or media Advertiser or in some other representative capacity;
4.2 the reproduction and/or publication of the advertisement by Mount Fusion Ltd as submitted will not breach any agreement or infringe or violate any copyright, trademark or any other personal or proprietary right of any person or render Mount Fusion Ltd liable to any proceedings whatsoever;
4.3 any information supplied in connection with the advertisement is accurate, complete and true;
4.4 in respect of any advertisement submitted for publication which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified the Advertiser or the Advertiser has obtained the authority of such living person to make use of such name, representation and/or copy;
4.5 the advertisement complies with the requirements of all relevant legislation (including subordinate legislation, the rules of statutorily recognised regulatory authorities and the law of the European Economic Community) for the time being in force or applicable in the United Kingdom; and
4.6 all advertising copy submitted to Mount Fusion Ltd is legal, decent, honest and truthful and complies with the British Code of Advertising Practice and all other relevant codes under the general supervision of the Advertising Standards Authority;
4.7 all Advertising Content or any other information provided by the Advertiser is lawful, decent, honest, truthful, accurate and not misleading in any way and the Advertiser will not use the Mount Fusion Site for any fraudulent or illegal purposes. The Advertiser warrants that it has, or will procure prior to the publication date, all necessary contents, releases and licences to provide the Advertising Content to Mount Fusion and to deal with it as described in these terms and conditions.
5. Indemnity
The Advertiser will indemnify Mount Fusion Ltd and agrees to keep it indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising directly or reasonably foreseeable as a result of any breach or non performance of any of the representations, warranties or other terms contained in these conditions or implied by law.
6. Payment
6.1 The fees for the Advertising Services provided under these terms and conditions will be quoted to the Advertiser on Mount Fusion at the time the Advertiser selects the Advertising Services it wishes to obtain under these terms and conditions. The fees will be confirmed to the Advertiser at the time the Advertiser provides its credit card or other payment details via the Mount Fusion online payment facility.
6.2 The Advertiser will be liable to pay the fees payable to Mount Fusion Ltd for the Advertising Services in accordance with these terms and conditions.
6.3 Payment will be charged to the credit card account or such other account specified by on the Mount Fusion online payment facility.
6.4 By placing an advertisement, the Advertiser consents to payment being charged to your credit card account or such other account as specified on the Mount Fusion online payment facility.
6.5 All fees payable under these terms and conditions or set out on Mount Fusion are in pounds sterling and exclusive of value added tax ("VAT"). Which is due and payable on all fees.
7. Mount Fusion Site and Content
7.1 Mount Fusion Ltd makes no representation or warranty that the whole or part of Mount Fusion will be accessible at all times, or useable by any users and/or the Advertiser, or error free. Mount Fusion Ltd.
7.2 Mount Fusion will have sole control over the 'look and feel' of the Mount Fusion Site, including the Advertising Content provided by the Advertiser to Mount Fusion.
8. Intellectual Property
8.1 The copyright in the material contained in Mount Fusion and any trademarks and brands included in that material belongs to Mount Fusion Ltd or its licensors.
8.2 [Copying or storing the contents of the website is expressly prohibited.]
9. Liability of Mount Fusion Ltd
9.1 The Advertiser shall be responsible for the correctness of the Advertising Content.
9.2 Mount Fusion Ltd will attempt to ensure that the information available on Mount Fusion at any time is accurate. However, Mount Fusion Ltd will not be held liable for any errors or omissions. Mount Fusion Ltd will use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these.
9.3 Mount Fusion Ltd may change, suspend or discontinue any aspect of Mount Fusion, including the availability of any features, information, database or content or restrict access to parts or all of Mount Fusion without notice or liability.
9.4 Without prejudice to the Mount Fusion Ltd's entitlement to be paid for the Advertising Services as published a sum representing a reasonable proportion of the fee agreed at the time the Advertising Services were booked, Mount Fusion Ltd's liability is limited to a maximum at its option of giving a credit for its fee for the Advertisement or (in an appropriate instance) of publishing the Advertisement for a second time without a fee. Any complaint, claim or query shall not affect the liability of the Advertiser for payment by the due time of Mount Fusion Ltd's fees for that and all other Advertising Services.
10. Force Majeure
Mount Fusion Ltd will not be liable to the Advertiser for any breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of its obligations in relation to these terms and conditions, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond Mount Fusion Ltd's reasonable control:
10.1 Act of God, explosion, flood, tempest, fire or accident;
10.2 War or threat of war, sabotage, civil disturbance or requisition;
10.3 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
10.4 Import or export regulations or embargoes;
10.5 Strikes, lock outs or other industrial actions or trade disputes;
10.6 Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
10.7 Power failure or breakdown in machinery
If Mount Fusion Ltd is prevented from carrying out its obligations in the above circumstances, it will notify you in writing. If we are still prevented from carrying out its obligations 3 weeks from the date such notice was sent, then either party may give written notice to the other cancelling the agreement. If the agreement is cancelled in this way we accept no liability to compensate you for any loss or damage caused by failure to perform.
11. General
11.1 The agreement which incorporates these terms and conditions shall be construed under and governed by the law of England and the parties submit to the exclusive jurisdiction of the English courts.
11.2 Mount Fusion Ltd may from time to time change, alter, adapt, add or remove portions of these terms and conditions but if we do so we will post any such changes on Mount Fusion.
11.3 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question will not be affected.
11.4 The headings in these terms and conditions are for convenience only and will not affect their interpretation.