Tractify

Tractify

Terms of Use

(1) Introduction

These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website. If you submit [a website] to our directory, we will ask you to expressly agree to these terms of use. [You must be at least [18] years of age to use our website. By using our website and by agreeing to these terms of use, you warrant and represent that you are at least [18] years of age.] [Our website uses cookies. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our [privacy policy / cookies policy].]

(2) Our directory

We welcome submissions to our directory [of websites]. You may submit [a website] to our directory by: [details of process]. You will have the opportunity to identify and correct input errors prior to making your submission by [details of process]. [Your submissions to our directory must [consist of / relate to] [insert details]. ] [You must not submit to our directory incomplete websites, websites that are “under construction”, mirror websites, websites that are identical or very similar to websites already in our directory, made-for-AdSense websites, or websites the content of which consists wholly or mainly of affiliate links. You must not submit the same website to our directory more than once (even if the URL is different).] Your directory submissions must comply with the “acceptable use” and “submissions” provisions below. If we accept your submission then, it will remain published on our website [indefinitely / for a period of one year / for the relevant period set out on our website in relation to the charges you have paid], subject to termination or deletion in accordance with these terms of use. [If you make a directory submission, [we will provide you with / you will be asked to choose] a user ID and password. You must ensure that your user ID and password are kept confidential. You must notify us in writing immediately if you become aware of any unauthorised use of your account or password. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure. You must not use any other person's user ID and password to access our website[, unless you have that person's express permission to do so]. We may disable your user ID and password in our sole discretion without notice or explanation.] [You must keep your directory submissions up-to-date using our website interface.]

(3) Submissions

In these terms of use, “your submissions” means all material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website directory, or that you submit to our website using any other website feature. Your submissions must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). Your submissions (and their publication on our website) must be original of you. [Notwithstanding our rights under these terms of use in relation to user submissions, we do not undertake to monitor the submissions, or the publication of the submissions on our website.]

(4) Discontinuing service

We reserve the right to discontinue our directory services (and the publication of our website) at any time in our sole discretion with or without notice. If: (a) you have paid for directory submission; (b) your directory submission has been accepted in accordance with these terms of use [and has been published on our website for a period of less than 12 months] ; and (c) we discontinue the directory service; we will refund to you [such portion of your payment as we determine to be reasonable / such portion of your payment as related to any period after the discontinuance of the directory service]. Save as provided in this Section 4, you will not be entitled to any refund upon the discontinuance of our directory services.

(5) No warranties

You acknowledge that: (a) we do not confirm the identity of companies and persons listed in our directory, check their credit worthiness or bona fides, or otherwise vet them; (b) we do not [systematically] check, audit or monitor the information contained in the directory; (c) we are not party to any contract for the sale or purchase of goods or services entered into with any company or person in our directory; and (d) we are not the agents for any company or person in our directory.

1. This terms of use (paid directory) template is designed for use in relation to paid directory websites. It assumes that all directory customers will be businesses (not consumers) and accordingly that the Distance Selling Regulations will not apply. The template is intended for use on websites focused on England and Wales; it can, however, be adapted for use in other jurisdictions – although this should only be done by someone with the requisite familiarity with the relevant law of the other jurisdiction. It is not on its own sufficient for use on websites which collect personal information (which will also require a privacy policy of some kind) or for ecommerce sites (i.e. those involving payment in relation to goods or services - which will also require legal provisions relating specifically to the goods or services that can be bought on the website). Websites with unusual or non-standard features should always use bespoke terms of use. The website terms of use template will need to be edited before it is ready for use. Square brackets in the document indicate the sections which need or are likely to need to be edited. However you should carefully review the whole document to ensure that it meets with your requirements. If you have any doubts, you should seek professional advice.

2. Although this document is designed primarily for directories of websites, it can be adapted for use in relation to other kinds of directory.

3. Under Regulation 9(1) of The Electronic Commerce (EC Directive) Regulations 2002 (the Ecommerce Regulations): “Unless parties who are not consumers have agreed otherwise, where a contract is to be concluded by electronic means a service provider shall, prior to an order being placed by the recipient of a service, provide to that recipient in a clear, comprehensible and unambiguous manner the information set out in (a) to (d) below - (a) the different technical steps to follow to conclude the contract; (b) whether or not the concluded contract will be filed by the service provider and whether it will be accessible; (c) the technical means for identifying and correcting input errors prior to the placing of the order; and (d) the languages offered for the conclusion of the contract.”

4. This is intended to meet the requirements of Regulation 9(1)(a) of the Ecommerce Regulations (see note 5 above). The easiest way to describe the process is usually a series of numbered steps. One step should be to acknowledge receipt of the order to the recipient of the service “without undue delay and by electronic means” (Regulation 11(1)(a)) – although this requirement does not apply “where parties who are not consumers have agreed otherwise”.

5. This is intended to meet the requirements of Regulation 9(1)(c) of the Ecommerce Regulations (see note 5 above). See also Regulation 11(1)(b): “Unless parties who are not consumers have agreed otherwise, where the recipient of the service places his order through technological means, a service provider shall ... make available to the recipient of the service appropriate, effective and accessible technical means allowing him to identify and correct input errors prior to the placing of the order”.

6. You can positively identify here the kind of submissions that your directory welcomes. For example, “Your submissions to our directory must relate to Formula 1 racing.”

7. These are some useful exclusions for directories of websites.

8. This provision is intended to disclaim editorial responsibility for user content. This should (it is thought) give you a better chance of gaining the protection of the general defences in Sections 17-19 of the Ecommerce Regulations and the libel-specific defence in Section 1 of the Defamation Act 1996.

9. Include the bracketed words where the payment is for an indefinite listing.