Website Terms of Use

 

Virtual Assistant Near Me Website Terms of Use

Effective as of 1 Sept 2020

The following Terms of Use apply when you use the Directory Service whether in the capacity of a registered member or a service user, via our website located at www.virtualassistantnearme.co.uk

Use of our website provided by Virtual Assistant Near Me, by your business, officers, employees, or as an individual (“You”) and any service contained within constitutes acceptance of these Terms of Use.

Please review the following terms carefully. By using our Directory or Service, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service. 

Privacy Policy

The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy (found here: www.virtualassistantnearme.co.uk) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement with the Privacy Policy as well as these Terms of Use.

User Restrictions

Your permission to use the Site is conditioned upon the following use, posting, searching the site for member listings and conduct restrictions:

You agree that you will not under any circumstance:

  • access the Service for any reason other than your personal or business use solely as permitted by the normal functionality of the Service;
  • collect or harvest any personal data of any user of the Site or the Service
  • use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise;
  • distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
  • use the Service for any unlawful purpose or for the promotion of illegal activities;
  • attempt to, or harass, abuse or harm another person or group;
  • use another user’s account without permission;
  • intentionally allow another user to access your account;
  • provide false or inaccurate information when registering an account;
  • interfere or attempt to interfere with the proper functioning of the Service;
  • make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
  • circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or
  • publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.
  • Our website is only intended for use by adults, as defined as those aged 18 or over and who have sufficient capacity to enter into a binding agreement.

Member Account Integrity

As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate and not misleading. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party or vulgar, obscene or in any other way inappropriate.

 

You are responsible for maintaining your own username and password via our website. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.

You are responsible for your customer account and any actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.

Backup & Data Storage

For administrative reasons, customer data and email subscription data may be passed to and stored securely with third party service providers located outside the EEA (European Economic Area). This is done to backup and preserve your data where it is needed to carry on offering a service to you.

Service Pricing

We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a service is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable).

We reserve the right to alter all service pricing and will advise all registered users/members of any changes.

Card & Payment Processing Data

We use third-party payment providers to handle card and payment processing data securely. We never see or store any card or payment information. In accordance with Article 6(1)(b) of the General Data Protection Regulation (GDPR) any other data is only used to process your purchase securely. In accordance with Article 6(1)(c) of the General Data Protection Regulation (GDPR), we need to retain data related to all purchases to fulfil our existing legal obligations to account for tax and VAT on all transactions.

Subscription Period & Free Trials

After satisfactory payment of the subscription fees and supply of your username & password you will have access to the website, and the services provided by the website for your subscription period.

 To avoid any disruption of service your subscription will automatically renew at the end of each subscription period.

 For annual subscriptions, you will automatically receive an email notification before your subscription expires notifying you of your forthcoming renewal and providing details of how to cancel your renewal.

Where we are unable to renew your subscription we will automatically suspend or downgrade your account and notify you via email and allow you to update your payment details or take out a new subscription. Please note in this instance you may lose any previous discount or special offer related to your previous subscription.

Where you are offered a free-trial period you will receive an email notification before your free-period is due to end and convert into a paid subscription. Please note this does not apply where you are merely offered a discounted or offer-period paid-for subscription at a reduced rate that subsequently converts to a subscription at one of our full standard subscription rates.

There is a 14 day cooling off period, if you are paying from day one of your subscription or registration as a User or Service/Business listing your business on the Website. If you accept a free period to use the Website before the first payment is processed, then the cooling off period is not applicable. Our standard cancellation and refund terms apply.

Cancellation Rights and Refunds

As this is a business-to-business transaction no right of cancellation exists under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Full or partial refunds will only be given where the product or service provided by us is found to be defective.

Refunds will not be given where we are unable to replicate the issue or the issue stems from the user or their equipment.

In the case of a defective service we reserve the right to offer an additional free period of service or issue a partial or full refund at our sole discretion.

Where a refund is offered and accepted by you it will be made within seven working days of receiving your acceptance of a refund.

Monthly contracts will be paid monthly by a automated online payment system in advance and payment will continue to be taken unless cancelled by giving Virtual Assistant Near Me 30 days written notice.

You must also cancel the subscription within your account on the Website. It is the subscribers full responsibility to ensure the subscription is cancelled within their account.

Annual contracts will be paid annually by a automated online payment system in advance and payment will continue to be taken on an annual basis unless cancelled by giving Virtual Assistant Near Me Limited 30 days written notice. Refunds are not granted on annual contracts. You must also cancel the subscription within your account on the Website. It is the subscribers full responsibility to ensure the subscription is cancelled within their account. 

All listings on the site must have a corresponding payment details mandate. If a mandate is cancelled, then we reserve the right to remove the listing.

Any renewal shall be subject to Virtual Assistant Near Me current terms and conditions.

If you are using the Website as a service to list your business and had a free period prior to the first payment, there is no cooling off period upon the first payment. Our standard cancellation and refund terms apply.

Suspensions or Termination

We reserve the right to remove (with or without notice) content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms and Conditions.

If a customer account is suspended the length of the suspension period and any reactivation will be at our sole discretion.

Posting, Listing and Conduct Restrictions

When you post a profile listing or a comment or leave a review, you will be providing (“User Content”) to the website. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service.

You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its sole discretion.

We grant you permission to use and access the website, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms and could lead to the removal of your content or listing. No refunds are issued in this event.

By transmitting and submitting any User Content while using the Service/website, you agree as follows:

  • You are solely responsible for your account/user content and the activity that occurs while signed in to or while using your account;
  • You will not post information that is malicious, libellous, false or inaccurate;
  • You will not post any information that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • By submitting, posting or displaying your content on the website you agree to grant a non-exclusive royalty-free licence to us to use, modify, publicly perform, publicly display, reproduce and distribute such content on the website. This allows us to place your content on the website and let all users view your content. It also allows us to compress or alter the size of any files you may post onto the Site to ensure that they can be readily displayed for other users.
  • As this is a non-exclusive licence you as a user are free to provide your content to other websites or other parties, without restriction.
  • This licence is also royalty-free, which means that the content is provided free of charge to us and we will not pay for the content or account for any advertising revenue generated on the website or on any specific content pages.
  • This licence is also sub-licensable, which means that our partners and affiliates can also use the content and images.
  • This licence also applies worldwide because the website can be accessed from anywhere in the world, at any time.
  • Also you agree that any content provided by you does not belong to a third party whose rights have been violated by the content being posted on to the website. Furthermore if any content is owned by a third party you agree to pay all royalties owed to that party, without seeking any contribution from us.
  • You will not submit content that is copyrighted or subject to Third Party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
  • All content you submit in your User content including images and graphics, is with the full agreement you have the full ownership and rights, licenses, copyright and ownership to do so. If there are any actions taken against content, images or graphics which you have submitted in your User Content and added to the website, it is your full liability, and responsibility. Any action taken in regards to your image(s) or User Content is for you the user/member to resolve and settle. Any fines or charges related to any action taken against the use of the content, images/graphics is for you to settle in full and resolve without the involvement of Virtual Assistant Near Me. You agree there is no recourse to Virtual Assistant Near Me or there associated businesses, partners, employees or subsidiaries, for your User Content.
  • You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
  • You will not pose as another user, third party or organisation or one of our employees for the purposes of obtaining user or third party information.
  • You will not transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
  • You will not attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and other users.
  • You will reframe, repurpose the website or any content on it or remove or obscure any notices or advertising provided by us on the website.
  • You will not load or provide access to content on the website or link to other content from the website, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.
  • If you breach these Terms and Use by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and our website. Such harm is difficult to quantify and as such you agree to pay us the sum of £50 for each and every individual email or other communication sent to a user or third party.
  • We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service that is supplied in a members profile/listing, also referred to as User Content, nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, service or statement made by other parties and members. We take no responsibility and assume no liability for any User Content that you or any other user or Third-Party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service or transmitted to users by a member/subscriber or their user content.
  • The above list is not intended to be exhaustive.

Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable when you use or access the Site or the Service. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Site or the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. Emails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law. The Company shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorised use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of a misuse of our Service or violation of these Terms of Use, please contact us at info@virtualassistantnearme.co.uk

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available/submit on the website is solely your responsibility. The Site is not responsible for any misuse of your User Content.

The Site does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users.

Whilst every effort is made to monitor statements and information submitted by the public and by members of Virtual Assistant Near Me, the information compiled on profiles/listings on Virtual Assistant Near Me is based on information supplied third parties (individuals and businesses), not associated with Virtual Assistant Near Me and it does not represent the views of Virtual Assistant Near Me. Virttual Assistant Near Me cannot be held responsible for any omissions or inaccurate claims that may appear on a members profile/listing.

Users of the service do hereby represent, understand and expressly agree that Virtual Assistant Near Me does not make any warranty or guarantee over the quality, timing, integrity, responsibility, legality or any other aspect whatsoever of the materials or services offered or delivered by its members to their clients.

By using Virtual Assistant Near Me directory you hereby expressly agree not to hold Virtual Assistant Near Me (or Virtual Assistant Near Me representatives) liable for any instruction, advice or services delivered by yourself (the member) to a client, which originated through the website or associated Services.  Virtual Assistant Near Me expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown related to any disputes of services provided by a member of the website.

Access

We take all reasonable steps to ensure the website is available and functioning fully at all times. However, we do not accept any responsibility for “down-time” or poor performance of our fileservers or where the website or any associated service is unavailable for any reason, whether within or outside our direct control.

Links to other sites and/or materials

As part of the Service, we may provide you with convenient links to Third Party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third-Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third-Party Sites or Third-Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site to which you navigate from the Site or relating to any applications you use or install from the Third-Party Site.

We are not responsible for any links to third party websites from our website and the inclusion of any link does not imply an endorsement of a third party website by us.

Copyright & Copyright Complaints

All content, databases, graphics, buttons, icons, logos, layouts and look & feel are the copyright of Virtual Assistant Near Me unless expressly acknowledged as otherwise or provided by a user as part of content submission.

 

We reserve the right to terminate infringer Accounts/User Content. We respect the intellectual property rights of others and require that the website members do the same. We have adopted and implemented a policy that provides for the termination in appropriate circumstances of members of the Service who are repeat infringers. We may terminate access for members who are found repeatedly to provide or post protected Third-Party content without necessary rights and permissions.

If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the website infringe upon your copyrights, you may submit a notification by sending the following information in writing to our designated copyright agent at:

info@virtualassistantnearme.co.uk

  1. The date of your notification;
  2. A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
  3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
  5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
  6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
  7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

User Licence

We grant you a licence to access the content, information and services contained within our website for business use only.

This licence allows you to download and cache (using your browser) pages from our website.

This licence does not allow you to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.

Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.

 

Our website cannot be placed within the frame-set of another website or online platform.

Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.

The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.

If you have a dispute with one or more users, members or with the provision of information, user content and services undertaken by a member of the site whilst or as a result of using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Intellectual Property

All users and members of the site acknowledge and agree that we retain ownership of all intellectual property rights of any kind related to the service and website, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the website may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

Notice

Communications made through the websites messaging system/instant chat will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.

 

User consent to receive communications in electronic form

For contractual purposes, you the member of the website: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by selecting the “Unsubscribe” option on the website, or by sending an email to info@virtualassistantnearme.co.uk

Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.

Modification of Terms of Use

We can amend these Terms of Use at any time. It is your sole responsibility to check the website from time to time to view any such changes in this agreement. Your continued use of the website or the Service signifies your agreement to our revisions to these Terms of Use. We will endeavour to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers.

General Terms

If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.

You agree that any cause of action related to or arising out of your relationship with Virtual Assistant Near Me must commence within 6 months after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use shall be interpreted, construed and enforced in accordance with English and Wales law and shall be subject to the exclusive jurisdiction of the English Courts.

We may assign or delegate these Terms of Use and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without our prior written consent, and any unauthorised assignment or delegation by you is void.

Severability

Should any part of this Agreement or paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

 

Waiver

Failure by us to enforce any accrued rights under these Terms & Use is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.

Limitation of Damages

To the extent permitted by applicable law, in no event shall the website or Virtual Assistant Near Me, its affiliates, directors or employees, be liable to you for any loss of profits, data or any other incidental, indirect, consequential damages, arising or that result from;

(A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT;

(B) YOUR USE OR INABILITY TO USE THE WEBSITE;

(C) THE WEBSITE/SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE;

OR

(D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

Entire Terms of Use

These Terms of Use set out the entire agreement and understanding between you and us. We reserve the right to change these Terms of Use at any time, without giving notice.