1) Click n Call agrees to deliver the Services to the Client, as provided in clauses 10 to 15 below, and the Client agrees to pay the Charges, in accordance with these General Terms and any relevant Special terms.
2) Where Services are acquired free of Charges via the submission of information and content online:
a. The person submitting the form and/or content warrants that they have the full power and authority of the Client to enter into these General Terms on behalf of the Client.
b. The person submitting the form agrees to be bound in the same manner as the Client, jointly and severally, for all the warranties, indemnities and obligations (not relating to Charges or payment) of the Client, and to be bound by the limitations of liability, in these General Terms.
c. For the avoidance of doubt, such Services will remain subject to these General Terms and any relevant Special terms.
3) The Client agrees and acknowledges that:
a. Delivery of the Services may depend on the operation, rules and terms of conditions of service of a number of third party providers (for example, but without limitation, social media platforms such as Facebook, search engines, such as Google, and the like) and all Services are ultimately delivered subject to those constraints. The Client agrees that Click n Call will not be under any obligation to deliver Services where and to the extent that such third party providers' constraints render Click n Call unable to deliver them.
b. Click n Call uses the services of a number of third parties. They have their own terms and conditions, and the Client acknowledges that they have familiarised themselves with and agreed to all third party terms referred to in any Special terms.
c. Telecommunications systems may sometimes require downtime outside of Click n Call's control, and some or all of the Services may be unavailable from time to time for such reasons.
d. Click n Call may refuse, reject or remove any content provided by the Client at any time from the Services, without prior notice, if Click n Call reasonably believes the content, or use of the content, contravenes any law, infringes or is likely to infringe any rights of a third party or is misleading, inappropriate, unsuitable, offensive, obscene, defamatory or indecent.
e. Click n Call cannot and does not make any warranty as to the consumer response to the Services, nor that the Client's business, or the Services/results from them, will appear in any particular manner within any third party websites or services.
f. Click n Call, in its absolute discretion, may determine the presentation of the Services and cannot guarantee the presentation of the Services in all the methods by which the content within them may be accessed (for example, without limitation, depending on the computers or other devices, operating systems, applications and browsers in use). Click n Call will not be responsible for the incorrect appearance of any content within the Services, including without limitation:
- the duration, nature, size, design and placement of any page, site or application;
- the classification of business categories, keywords, regions and search criteria.
g. Click n Call may use the Client's content, including but not limited to its name, phone number, address and business description, for any of the Services including websites, mobile listings and applications, available from time to time and that Click n Call may develop in the future. Click n Call may include its trade marks and other proprietary content of Click 'n Call within the Services, but Click 'n Call does not endorse the Client's goods or services. The Client authorizes Click n Call to continue to use the Client's content in such a manner following the expiry or termination of the relevant Services, unless the Client gives notice to Click n Call to cease such use, and grants to Click n Call all necessary licence and consent to any Intellectual Property Rights in the content necessary.
4) All Intellectual Property Rights in any content produced by Click n Call for the Client, except for those in any logos, designs, names and other material originally supplied by the Client, will vest absolutely in and remain the exclusive property of Click n Call.
5) The Client may not assign any of its rights under these General Terms or any relevant Special terms without the prior written consent of Click n Call.
6) The Client indemnifies Click n Call against losses incurred as a result of Click n Call’s own acts and/ or omissions. All care will be taken by Click n Call but no responsibility can be accepted by Click n Call for the loss of information, data, emails, files, or any other form of electronic data.
7) These General Terms will apply to all Services in conjunction with any relevant Special terms. In case of any conflict or ambiguity between the General Terms and relevant Special terms, those Special terms shall prevail.