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bizify. Terms and Conditions

Introduction

What's in these terms?

These terms tell you the rules for using bizify UK business directory (the “bizify Directory”) whether you are:

  • just visiting our site;
  • visiting our site to use the bizify Directory to find information;
  • registering an account / using your account to display information about your business on the bizify Directory where we provide you with the “Listing Services”; or
  • where we are providing you with “Advertising Services” such as premium enhanced Listing Services, banner advertising, guest post submissions or email sponsorship.

Where we are providing you with the Listing Services and / or Advertising Services there is a contract between us subject to these terms.

Who we are and how to contact us

Bizify.co.uk is a site operated by Outrank Limited trading as “bizify” (“We” or “bizify”). We are registered in England and Wales under company number 11723162 and have our registered office at 1 River Court, Brighouse Business Village, Riverside Park Road, Middlesbrough, Cleveland, England, TS2 1RT. Our main trading address is Brighouse Business Village, 1 River Court, Riverside Park Rd, Middlesbrough, TS2 1RT.

To contact us please email [email protected] or telephone our customer service line on 0333 014 8550.

Use of our site and the bizify Directory

By using our site and the bizify Directory you accept these terms

By visiting our site and using the Bizify Directory you confirm that you accept these terms of service and that you agree to comply with them.

If you do not agree to these terms you must not use the bizify directory or our site.

We recommend that you print a copy of these terms for future reference.

Access to the bizify Directory and our site

We may update and change the bizify Directory and our site from time to time.

Access to the bizify Directory and our site is made available free of charge (but the Listing Services and Advertising Services may be chargeable as discussed in these terms).

We do not guarantee that our site or any content on it will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of service and other applicable terms of service and that they comply with them.

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

How you may use material on our site

Except for the content of listings we are the owner or the licensee of all intellectual property rights in our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy and may download extracts of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated).

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy, download, share or repost any part of our site in breach of these terms of service your right to use our site will cease immediately and you must at our option return or destroy any copies of the materials you have made (except that you are permitted to print off a copy of these terms of service).

No text or data mining or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the bizify Directory or our site or any services provided via or in relation to our site. This includes using (or permitting, authorising or attempting the use of):

  • any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our site or any data, content, information or services accessed via the same; and
  • any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790).

You shall not use and we do not consent to the use of our site or any data published by or contained in or accessible via our site or any services provided via or in relation to our site for the purposes of developing, training, fine-tuning or validating any AI system or model.

This clause will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Rules about linking to the bizify Directory and our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page or your individual listing.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact [email protected].

Content of the bizify Directory

The bizify Directory may include information and materials uploaded by users. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking or refraining from any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

We are not responsible for viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.

You must not introduce viruses

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with our site or any part of it. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site or any other equipment or network connected with our site. You must not interfere with, damage or disrupt any software used in the provision of our site, or any equipment, network or software owned or used by any third party on which this site relies in any way. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Listing Services and Advertising Services

Our contract with you

Our contract. These terms and conditions apply where you:

  • register an account with us for us to provide the Listing Services, which is an order by you and supply of Listing Services by us to you; and / or
  • you place an order with us for Advertising Services (the “Contract”).

Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

The Listing Services

Placing your order. By using our site to create an account to list information about your business, you are making an offer to buy the Listing Services specified as specified on our site.

Correcting input errors. You are responsible for ensuring that your listing is complete and accurate.

Acknowledging receipt of your order. After you place your order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted.

Accepting your order. Our acceptance of your order takes place when we send an email to you to accept it (“Order Confirmation”) at which point and on which date (“Commencement Date”) the Contract between you and us will come into existence. The Contract will relate only to those Services confirmed in the Order Confirmation.

If we cannot accept your order. If we are unable to supply you with the Listing Services for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Listing Services, we will refund you the full amount.

Changes to specification. We reserve the right to amend the specification of the Listing Services on our site if required by any applicable statutory or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and we will notify you in advance of any such amendment.

Reasonable care and skill. We warrant to you that the Listing Services as set out on our site will be provided using reasonable care and skill.

It is your responsibility to ensure that:

  • the content of your listings are complete and accurate;
  • you cooperate with us in all matters relating to the Listing Services; and
  • you provide us with such information and materials we may reasonably require in order to supply the Listing Services and ensure that such information is complete and accurate in all material respects.

You warrant that any content provided to us or used in your listing is owned by you or you are authorised to use such content, including logos, images and pictures.

Your Default. If our ability to perform the Listing Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 14.1 (“Your Default”):

  • we will be entitled to suspend performance of the Listing Services until you remedy Your Default and to rely on Your Default to relieve us from the performance of the Listing Services in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances, Your Default may entitle us to terminate the Contract under clause 21 (Termination); and
  • we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Listing Services.

Advertising Services

We may provide you with Advertising Services which may include:

  • premium enhanced Listing Services;
  • banner advertising;
  • guest post submissions;
  • email sponsorship;
  • directory sponsorship;
  • affiliate website marketing services;
  • award entry sponsorships; and

Where you order Advertising Services from us, the “Order” constitutes an offer by you to purchase Advertising Services in accordance with these terms. The Order shall only be deemed to be accepted by us when we issue written acceptance of your order at which point and on which date the Contract shall come into existence.

We will supply the Advertising Services in accordance with the Order in all material respects and using reasonable skill and care. However, you assume sole responsibility for results obtained from the Advertising Services and for conclusions drawn from such use. We do not provide any warranties or guarantees as to the outcome of any of the Advertising Services, including but not limited to traffic driven to your website, orders for your goods or services, and placement of your website on any search engines.

We may refuse or require to be amended any artwork, materials, or copy for or relating to an Advertisement so as to comply with the legal or moral obligations placed upon us, or to avoid infringing a third party's rights or any statutory or regulatory requirements.

We accept no responsibility for any mistakes or errors whatsoever that arise during the course of publication of any Advertising and will not be liable for any loss of copy, artwork, photographs, data or other materials which you supply to us, and you shall be responsible for retaining in your possession sufficient quality and quantity of such materials for whatsoever purposes it may require.

You undertake to us that you will, without prejudice to any other right of action which we may have, at all times keep us fully and effectively indemnified against any liability (which liability shall include, without limitation, all losses, costs, claims, demands, actions, damages, legal and other professional fees and expenses on a full indemnity basis) which we may suffer or incur as a result of any Advertising, the infringement of any intellectual property rights of any third party or by reason of any breach or non-fulfilment of any of your obligations in respect of the Contract.

Where the Advertising Services include affiliate website marketing services (whereby users can click through to your website from advertising on the bizify Directory):

  • you will be responsible for developing, operating and maintaining your website;
  • we will ensure your advertisements link back to your website;
  • within 14 days after the end of each calendar month you will provide us with a report setting out for the month concerned the total number of:
    • occasions when a user of our website has clicked directly through to your website from our site; and
    • Transactions together with a statement setting out the amounts due to us in respect of Contract calculated in accordance with the order. “Transaction” shall mean a purchase of any products or services offered for sale on your site by a user of our site who has clicked through directly to your site from our site where that purchase is completed during a single browser session.

You must keep your account details safe

You must treat your user identification code, password, or any other piece of information as part of our security procedures, as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of service.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].

Charges

The charges for the Listing Services or the Advertising Services provided under the Contract will be as advertised by us or as agreed with you at the time of the Order.

Intellectual property rights

All intellectual property rights in or arising out of or in connection with the Listing Services or the Advertising Services (other than intellectual property rights in any materials provided by you) will be owned by us.

You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the Contract for the purpose of providing the Listing Services and/or Advertising Services to you.

How we may use your personal information

In this clause 18, the following definitions shall apply:

  • “Controller”, “Processor”, “Data Subject”, “Personal Data”, “Personal Data Breach”, “Processing” and “Appropriate Technical and Organisational measures”: as defined in the Data Protection Legislation.
  • “Data Protection Legislation”:
    • To the extent the UK GDPR applies, the law of the United Kingdom or of a part of the United Kingdom which relates to the protection of Personal Data.
    • To the extent the EU GDPR applies, the law of the European Union or any member state of the European Union to which the Customer or Provider is subject which relates to the protection of personal data.
  • “Domestic Law”: the law of the United Kingdom or a part of the United Kingdom.
  • “EU GDPR”: the General Data Protection Regulation ((EU) 2016/679).
  • “EU Law”: the law of the European Union or any member state of the European Union.
  • “UK GDPR”: has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.

We shall both comply with all applicable requirements of the Data Protection Legislation. This clause 18.2 is in addition to and does not relieve, remove or replace their of our obligations or rights under the Data Protection Legislation.

We both acknowledge that for the purposes of the Data Protection Legislation, you are the Controller and we are the Processor. The following are the details of the processing of Personal Data:

  • Scope and Nature: providing of contact details of employees for the businesses in the listings on the bizify Directory.
  • Purpose of Processing: for us to provide the Listing Services.
  • Duration of the Processing: for the duration of the Contract and until our obligations under the Contract are completed.
  • Types of Personal Data: identity data and contact data.
  • Categories of Data Subject: your employees.

Without prejudice to the generality of clause 18.2, you will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to us for the duration and purposes of the Contract.

Without prejudice to the generality of clause 18.2, we shall in relation to any Personal Data processed in connection with the performance by us of our obligations under the Contract:

  • process that Personal Data only on your documented written instructions as set out in these terms unless we are required by Domestic Law or EU Law to otherwise process that Personal Data. Where we are relying on Domestic Law or EU Law as the basis for processing Personal Data, we shall promptly notify you of this before performing the processing required by the Domestic Law or EU Law unless the Domestic Law or EU Law prohibits us from so notifying you;
  • ensure that we have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of or damage to Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by us);
  • ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
  • assist you at your cost in responding to any request from a Data Subject and in ensuring compliance with your obligations under the Data Protection Legislation with respect to security breach notifications, impact assessments and consultations with supervisory authorities or regulators;
  • notify you without undue delay on becoming aware of a Personal Data Breach;
  • at the written direction of the Customer delete or return Personal Data and copies thereof to the Customer on termination of the agreement unless required by Domestic Law or EU Law to store the Personal Data; and
  • maintain complete and accurate records and information to demonstrate its compliance with this clause 18.

You hereby provide your prior general authorisation for us to:

  • appoint processors to process the Personal Data provided that we:
    • ensure that the terms on which we appoint such processors comply with the Data Protection Legislation and are consistent with the obligations imposed on us in this Clause 18; and
    • remain responsible for the acts and omission of any such processor as if they were our acts and omissions; and
  • transfer Personal Data outside of the UK or EEA as required for the purpose of processing provided that we shall ensure that all such transfers are effected in accordance with Data Protection Legislation. For these purposes, you shall promptly comply with any reasonable request including any request to enter into standard data protection clauses adopted by the EU Commission from time to time (where the EU GDPR applies to the transfer) or adopted by the UK Information Commissioner from time to time (where the UK GDPR applies to the transfer).

Limitation of liability:

YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE

Nothing in the Contract limits any liability which cannot legally be limited including liability for:

  • death or personal injury caused by negligence;
  • fraud or fraudulent misrepresentation; and
  • breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

Subject to clause 19.1, we will not be liable to you whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

  • loss of profits;
  • loss of sales or business;
  • loss of agreements or contracts;
  • loss of anticipated savings;
  • loss of use or corruption of software, data or information;
  • loss of or damage to goodwill; and
  • any indirect or consequential loss.

Subject to clause 19.1, our total liability to you arising under or in connection with the Contract whether in contract, tort (including negligence), breach of statutory duty, or otherwise will be limited to the greater of one hundred per cent (100%) of the total Charges paid under the Contract or five hundred pounds (£500).

We have given commitments as to compliance of the Listing Services. In view of these commitments, the terms implied by sections 3 and 5 of the Supply of Goods and Services Act 1982 are to the fullest extent permitted by law excluded from the Contract.

Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became or ought reasonably to have become aware of the event having occurred and shall expire six (6) months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.

This clause 19 will survive termination of the Contract.

Confidentiality

We each undertake that we will not at any time disclose to any person any confidential information concerning one another's business, affairs, customers, clients or suppliers except as permitted by clause 20.2.

We each may disclose the other's confidential information:

  • to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 20; and
  • as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

Each of us may only use the other's confidential information for the purpose of fulfilling our respective obligations under the Contract.

Termination

Termination.

Without limiting any of our other rights, we may suspend the performance of the Listing Services or terminate the Contract with immediate effect by giving written notice to you if:

  • you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within seven (7) days of you being notified in writing to do so;
  • you fail to pay any amount due under the Contract on the due date for payment;
  • you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business;
  • you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
  • your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.

Survival.

Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (“Event Outside Our Control”).

If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

  • we will contact you as soon as reasonably possible to notify you; and
  • our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.

You may cancel the Contract affected by an Event Outside Our Control which has continued for more than thirty (30) days. To cancel please contact us. If you opt to cancel we will refund the price you have paid less the charges reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.

General

Assignment and transfer

We may assign or transfer our rights and obligations under the Contract to another entity.

You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

Variation.

Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives). However, we amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

Waiver.

If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing and that will not mean that we will automatically waive any right related to any later default by you.

Severance.

Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

Third party rights.

The Contract is between you and us. No other person has any rights to enforce any of its terms.

Governing law and jurisdiction.

The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.

Recurring card payment terms and conditions

Please read these terms carefully before agreeing and using our recurring card payment facility. Using the Recurring card Payment (RCP) facility indicates that you accept these terms.

All Terms and Conditions shown below are secondary to the company Terms and Conditions as defined on the Company Website (link).

Your instruction and authorisation

By providing the recurring card payment instruction, you are agreeing to pay the company your monthly Service fees to the Company on agreed dates and authorising the Company to collect payment of Service Fees as they fall due from the relevant Card.

You authorise the Company to charge your selected payment method for the recurring payments associated with the services or products you have selected. This authority remains in effect until you cancel it in accordance with the cancellation policy as per our terms and conditions.

Should the card provider decline payment, our Payment Service Provider (PSP) will attempt to collect the payment in 5 working days and will send an email to the cardholder to confirm this action. The company is not obliged to bring this to your attention. If you fail to receive a payment confirmation email, you should, in the first instance, check with your card provider that payment has been processed through your account.

You understand and agree that the recurring payment will be charged automatically on the scheduled date, without further notice. It is your responsibility to ensure sufficient funds are available in the account or credit card provided.

If a payment fails due to insufficient funds or any other reason, the Company reserves the right to charge a late or penalty fee, suspend services, or seek alternative methods of collection.

Modification, Cancellations and refunds

You may cancel or modify this authorisation at any time by providing written notice to Outrank at least 7 days before the next scheduled payment date. Failure to do so may result in the next scheduled payment being processed as authorised.

Refunds, if applicable, will only be made to the debit/credit card used for the original transaction. If, at the time of the refund, the card has expired or the account closed, documentary evidence will be required from the card holder before the refund can be made.

Privacy and data protection

The company provides this payment facility as a service to you and is committed to respecting and protecting your privacy.

By agreeing to this recurring payment authorisation, you acknowledge that all personal data provided will be handled in accordance with The company Privacy Policy and Terms and Conditions (link). The processing of personal data is regulated by the Data Protection Act 2018.

By using this you consent to the processing, storing, and sharing of your personal data within our network for the purposes of facilitating your payments and delivering our services.

Security

All payment details which are entered through this facility are encrypted when the Company or third party makes a payment. The Company does not collect the payment directly from the payer; the payment is collected by our Payment Service Provider. Communications to and from the Payment Service Provider’s site are encrypted.

The Company shall not be liable for any failure of the client or third party making payment of fees to properly protect data from being seen on their screen by other persons, or otherwise obtained by such other persons during the online payment process.

Marketing Activity and Data Sharing:

By entering into this agreement, you also consent to receiving marketing communications from Outrank and to the sharing of your data with selected third parties within our business network for marketing purposes. If you wish to opt out of marketing communications, you may do so at any time by following the instructions provided in our communications or by contacting us directly.