Terms and Conditions

These are the terms and conditions (the "Terms") of The Catalogue Exchange ("we" or "us"), registered office, 151 High St, Ilfracombe, North Devon, EX34 9EZ . Please read these Terms carefully; they set out the basis on which you are allowed to use this website (the "Site") and the information contained within it (the "Content").  They are to protect you as a user of the Site ("User") and to prevent the Site from being used for any illegal or offensive purposes.

The Site is offered to you conditionally on your agreement to these Terms, and your continued use of the Site signifies your acceptance of them.  If you are using this Site in the course of your employment or on behalf of an organisation, you agree that you are an authorised representative of your organisation and that you have authority to bind your organisation to these Terms.  The Authorised Use Policy set out below and available on the Site applies to anyone using the Site, and you are responsible for ensuring that employees or agents of your organisation are made aware of and comply with this. 

The Catalogue Exchange Services

1. The Catalogue Exchange is established to facilitate and promote bilateral exchange of data between catalogue companies.  Our services are governed by these Terms. Please note that some of our services are available only to client side companies that register as members of The Catalogue Exchange in accordance with these Terms ("Members"). We make the following services available:

(a) The Library - resources of items useful to the catalogue industry including articles from trade journals and resources provided from third parties exclusively for The Catalogue Exchange.  This is available only to Members.

(b) The Directory - a guide to suppliers to the UK catalogue industry.  This is available to all Users.

(c) The Forum - a Members' discussion forum for issues relevant to the catalogue industry.  This is available only to Members.

Membership

2. INTRODUCTION

2.1 Any distance selling organisation offering products or services via a catalogue, website or via multiple channels is eligible for membership subject to the eligibility criteria.

3. ELIGIBILITY CRITERIA

3.1 For full details please email info@catalogueexchange.co.uk

4. APPLICATION AND ACCEPTANCE

4.1 Membership is obtained by completing a registration form, which is available at the end of these Terms.

4.2 Membership is activated only following receipt of a written confirmation from The Catalogue Exchange and full payment for the first year's membership.  We reserve the right to refuse or withdraw membership at any time if in our sole opinion you do not meet the eligibility criteria or you have failed to provide us with correct information or other reasonably requested details.  Membership is valid for the period of one year from date of written confirmation by The Catalogue Exchange and renewable thereafter at the agreement of The Catalogue Exchange.

5. YOUR RESPONSIBILITIES  

5.1 You undertake that if you apply for membership you fulfil the eligibility criteria. 

5.2 You undertake to register for membership using your correct name, company name, address and any other requested details.  If any of the information you enter becomes incorrect or is superseded, you must notify us immediately. 

5.3 You are responsible for nominating those individuals you wish to have access to the membership areas of the Site on your organisations behalf, and you are responsible for the creation or deletion of access rights for such individuals using the facilities provided. 

5.4 You are responsible for keeping any membership password safe, and you must not allow others to access the Site using your password.  You must not imitate another User whilst using the Site.  Where employees or agents act on your behalf, you are responsible for ensuring that they are made aware of and comply with the authorised use policy for the Site.

5.5 A Member may terminate its membership on 30 days, written notice to The Catalogue Exchange.  This will not affect any arrangements entered into between Members prior to the date of such termination.

GENERAL USE OF THE SITE

6. You must not post any Content or use the Site in any way that is or may be considered to be:

(a) in breach of any obligations or duties of confidentiality, or in breach of any obligations on you under the Data Protection Act 1998;

(b) capable of infringing any other person, or other entity's intellectual property rights (including but not limited to copyright, trademarks, design rights or database rights);

(c) in breach of any applicable law, whether criminal or otherwise; or

(d) offensive, obscene, insulting, false, defamatory, unreliable, misleading or otherwise inappropriate.

7. In addition, you must not use the Site to:

(a) abuse, harass, stalk or threaten others;

(b) advertise or offer to sell any goods or services (other than in accordance with these Terms), or conduct or forward surveys, contests or chain letters;

(c) upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of our or any other computer;

(d) upload files that contain an active hypertext link to another website without authorisation or ads are next to useless; or

(e) download any file posted by us or another User that you know or reasonably should know cannot be legally distributed in such manner.

8. You must not frame or link to the Site or any part of it without our express permission.

9. The Catalogue Exchange shall be entitled at any time to delete, remove or suspend the whole or any part of the Site, including any Content that you provide, without notice to you and without incurring any liability. 

10. We may block or withhold your access to the Site if we have reasonable grounds to suspect any breach by you of these Terms, that we or any User has incurred or may incur any liability in connection with the Site, or if your use or Content is otherwise inappropriate.

11. Unless otherwise indicated on the Site, you may download to a local hard disk and print extracts from the Site solely for personal, non commercial use, and you may also recopy downloaded extracts to others in your organisation only for their personal, non commercial use.

12. Unless otherwise indicated on the Site, you must not reproduce part or all of the Content in any form unless it is for personal, non commercial use in accordance with Clause 11 above.

13. Unless otherwise indicated on the Site, you must not copy or otherwise incorporate into or store in any other website, electronic retrieval system, publication or other work any of the Content in any form (whether hard copy, electronic or other format).

USE OF THE FORUM

14. We routinely monitor messages posted in the forum but accept no responsibility or liability for any such messages.  We reserve the right in accordance with our take-down policy to remove or edit any messages posted for the forum which we deem to be inappropriate. 


USE OF THE LIBRARY

15. You acknowledge that information in the Library may be owned or controlled by third parties and these Terms are subject to any restrictions placed on the use of information in the Library notified to you with such information. 

USE OF THE EXCHANGE

16. Members using the List Exchange facility agree to abide by the data hygiene standards that are set out at the end of these Terms and form part of these Terms. 

17. The Catalogue Exchange is in no way responsible for any arrangements entered into between Members whether using the Exchange or otherwise and does not form a party to any contracts made between Members. 

USE OF THE DIRECTORY AND ADVERTISING  

18. Members are offered single free listing ("Directory Listing") under one heading in the Directory and must complete an electronic form for such Directory Listing available from the Directory section of the Site.  The Catalogue Exchange reserves the right to charge for such Directory Listings in the future in accordance with any additional payment terms set out on the Site.

19. Users may request The Catalogue Exchange to host more-detailed advertising on their behalf such as display advertising, banner advertising and page or section sponsorship ("Advertisement").  Users should contact The Catalogue Exchange to discuss such possibilities, and Advertisements will be subject to the advertising terms provided by The Catalogue Exchange at such time. 

20. You are responsible for the content and accuracy of all your Directory Listings, for ensuring that all such Directory Listings are truthful, legal, decent and honest and for ensuring that the provision and publication of any Directory Listing is not prohibited by any applicable laws, government rules and regulations and industry codes, including without limitation those with respect to data protection and advertising in any jurisdiction in which it may be accessed via the internet.

21. The Catalogue Exchange has the right to decline to publish or to omit, remove, suspend or change the position of any Directory Listings.

INTELLECTUAL PROPERTY

22. If you upload Content to the Site, you grant to The Catalogue Exchange a licence to use, reproduce, modify, adapt, publish, create derivative works from, distribute and display in public that Content in any form and medium on or in connection with the Site, at no cost to us and for as long as we require, and you warrant that you own the intellectual property rights in such Content and have the right to grant this licence.  You will indemnify us and keep us indemnified from and against all costs, claims, damages and expenses made against or incurred by us as a result of a third party alleging that the use of such Content by us infringes the intellectual property rights of a third party.

23. All intellectual property rights and goodwill in or relating to The Catalogue Exchange including the name, logo and any associated rights belong to The Catalogue Exchange.  Subject to Clause 22 above, all intellectual property rights and goodwill in or relating to the Content belongs to The Catalogue Exchange or our partners or licensors.

24. Except as expressly specified in Clause 11 above or as clearly stated on the Site, nothing in these Terms may be construed as granting any licence or right to use any intellectual property of The Catalogue Exchange, our partners or licensors without our express written permission.

DATA PROTECTION

25. Users may provide us with personal information about themselves and others.  Generally this information is requested when registering for membership or using any of the services offered by the Site.

26. Our use of personal data is governed by our privacy policy that forms part of these Terms and is available at the end of these Terms and on the Site.

LIMITATION OF LIABILITY AND DISCLAIMERS

27. Nothing in these Terms operates so as to exclude, limit or restrict The Catalogue Exchanges liability for death or personal injury or our liability for fraud or fraudulent misrepresentation.

28. The Catalogue Exchange is not responsible for any Content posted by our partners or by Users.  We do not warrant the accuracy of this or any other Content in any respect, and we cannot be held liable for any use you may make of it or any reliance you may place on it.  Any recommendation or other information on any area of the Site is used by you at your own risk.

29. Any link on the Site is provided solely for your information and convenience.  A link does not represent any endorsement or recommendation by The Catalogue Exchange and does not mean that we have any association with the linked website.  We are not responsible for the content of any linked website.

30. The Catalogue Exchange will not be liable to you or any third party for any claim to the extent that the same is characterised as a claim for or arising from:

(a) loss of profits or anticipated savings;

(b) loss of goodwill or injury to reputation;

(c) loss of business opportunity;

(d) loss of data;

(e) loss as suffered by third parties;

(f) indirect, consequential or special loss or damage regardless of the form of action, whether in contract, strict liability or tort (including negligence) and regardless of whether The Catalogue Exchange knew or had reason to know of the possibility of the loss, injury or damage in question.

31. The Catalogue Exchange is not liable for any failure to perform any obligation caused by matters beyond our reasonable control (including without limitation any failure of transmission, inability to access the Site or any failure, error or delay in the sending or receiving of any communication).

32. The Catalogue Exchange is not liable for any loss, damage or other liability whatsoever arising from any Content, activity, terms or policies on or in connection with the Site or from any separate agreement that you may enter into with another User.

33. Without affecting the rest of these Terms, the total liability of The Catalogue Exchange to you under these Terms (whether arising in negligence or otherwise) will not exceed the greater of £50, the amount paid by the User for advertising or the amount paid by a Member for membership.

34. The Catalogue Exchange excludes all warranties, conditions and terms, whether express or implied to the fullest extent permitted by law in respect of the Site.

35. You agree to indemnify the Catalogue Exchange against all liabilities, claims and expenses that may arise from any breach of these Terms by you, your employees or agents from any use of the Site or from any of your Content.

GENERAL

36. If any term of these Terms is held to be invalid or unenforceable by judicial decision, the rest of the Terms shall remain valid and enforceable.

37. The Catalogue Exchange reserves the right to change these Terms from time to time.  If we change these Terms, we shall notify you of this fact on the home page of the Site and shall post the new version on the Site stating when such revised version comes into effect.  You will be taken to have agreed to such revised version if you continue using the Site after expiry of any notice period.  You should check the Terms periodically to ensure that you are aware of and complying with the current version. 

38. These Terms and any documents referred to in them are governed by and construed in accordance with the laws of England and Wales and you and we agree to submit to the exclusive jurisdiction of the English courts for the determination of disputes.

39. These Terms constitute the entire agreement between us in respect of the subject matter contained in these Terms and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

AUTHORISED USE

This is the authorised use policy of The Catalogue Exchange, upon which you as an individual may use this website (the "Site").

BY CONTINUING TO USE THE SITE YOU AGREE THAT YOU WILL COMPLY WITH THE TERMS OF THIS POLICY AS FOLLOWS:

1. You are entitled to use the Site only in accordance with the Terms and Conditions for use agreed by your organisation and available on the Site ("Terms").  In particular:

1.1 You must not post any content or use the Site in any way that is or may be considered to be:

(a) in breach of any obligations or duties of confidentiality;

(b) capable of infringing any other persons or, other entity's intellectual property rights (including but not limited to copyright, trade marks, design rights or database rights);

(c)  in breach of any applicable law, whether criminal or otherwise; or

(d)  offensive, obscene, insulting, false, defamatory, unreliable, misleading or otherwise inappropriate.

1.2 In addition, you must not use the Site to:

(a) abuse, harass, stalk or threaten others;

(b) advertise or offer to sell any goods or services (other than in accordance with the Terms governing the Site), or conduct or forward surveys, contests or chain letters;

(c) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our or any other computer;

(d) upload files that contain an active hypertext link to another website; or

(e) download any file posted by us or another user that you know or reasonably should know cannot be legally distributed in such manner.

1.3 You are responsible for keeping any membership password safe, and you must not allow others to access the Site using your password.  You must not imitate another user whilst using the Site. 

2. The extent of our obligations and liability is set out in the Terms, and this Policy shall not extend or increase such liability whatsoever.