(2) Our directory
(4) Discontinuing service
(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.
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.