Terms & Conditions

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using any of the Top501 websites  (including www.top501.com, www.top501local.com and www.top501sm.com) (the “Service”) operated by Top501 (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Purchases

You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that Top501 is not responsible for any loss or damage arising from the submission of false or inaccurate information.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that Top501 cannot accept any liability for loss or damage arising out of such cancellation.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

Content & Details of Purchasing

By completing the Purchase form and ticking the mandatory boxes to state that you are over 18 and that you accept the terms and conditions of this site, you are also accepting the Privacy Policy and Cookie Policy of the site. You are also stating that you are the owner or administrator of the social media content or websites that you are linking to. If you are adding a link to a business website you must be the owner or have the owner’s express permission to that site.

The cost of the square that you purchase is £2.50 for the period of one year from the date that your square is published on our site. Each square that you purchase will allow you to enter up to 9 links to your social media and blog accounts. This can include social networking sites, media sharing sites, review sites, social shopping sites, blogs, interest based network sites and sharing sites. We won’t accept links to any anonymous social networking sites.

You must not submit links to content that is unlawful or otherwise objectionable. We will not accept links to any adult content, gambling, hate content or anything related to terrorism. Please keep all content relevant to the area of the site that you are purchasing your square on.

You will need to ensure that any social media links that you submit are open / non-private. Please use English in your description and hover-over text and only add social media sites which use English as the primary language. Please don’t swear or use abusive, threatening, harassing, defamatory, ageist, sexist or racist or any other derogatory terms in your hover-over text or description text. Please don’t include any email addresses, telephone numbers, addresses or other personal information in your hover-text or description text- people can connect and contact you via your social media links.

If you link to a website, please provide the link to your blog page or gallery on that site. If you have a business that you would like to advertise with us, and wish to provide links to product pages or non-social media content of your website, please take a look at www.top501local.com for our local category-based business advertising site which works in much the same was as this site and is the same price for a year.

Please double check that your links are correct for your own social media sites before submitting the order. We realise that mistakes are made and we will work with you to correct these if we have any issues with any of the links that you provide.

Once your order has been submitted you will receive an email from us which will summarise the purchase and will also provide details of our refund policy. If you don’t see this email in your inbox, please check your junk folder and add us to your address book so that any future emails that we may need to send to you are delivered correctly to you.

Once we have checked your social media links for content we will populate your square with your hover-over text and publish your very own Top501 page.

Once your page is published, we will send you a second email with details of your page. At this point, our 14 day cooling-off period will begin and if you change your mind about joining us and want to cancel you will have 14 days to do so and still receive a full refund of your money paid.

No refunds will be given to any accounts that break our terms and conditions. We reserve the right to remove any links that breach our terms without any notice to you.

Cooling Off Period

We, at Top501, understand that people change their minds about purchases. Under the terms of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel your order without any cost to you within 14 working days of receipt of our confirmation email stating that your square on the top501sm.com website has been published.

Should you wish to wait until the end of your cooling-off period before we publish your square, please respond to our confirmation of purchase email asking us to wait for 14 days before publishing. If we don’t hear from you we will publish your square, as usual, once your order has been received and your content has been checked.

To exercise the right to cancel, you must inform us, Top501, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post to: Top501, PO Box 10721, Nottingham. NG9 9HS or by email at: cancellations@top501.com). We will provide you with a cancellation form that you can use, but it is not obligatory to use this form. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel this contract within the cancellation period, we will reimburse to you all payments received from you. We will make the reimbursement without undue delay and no later than 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction.

You may use this template to cancel your order by copying and pasting into a letter or email:

To: Top501, PO Box 10721, Nottingham. NG9 9HS

I hereby give notice that I cancel my contract for the purchase of space on the Top501sm.com website.

Full Name:

Email Address:

Category and Sub Category:

Square Number:

Address of client:

Signature:

Date:

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section “Availability, Errors and Inaccuracies” is without prejudice to existing statutory rights.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Top501 and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Top501.

Copyright:

All content including but not limited to logo, image, trademark, service mark, design, icon, graphic, video, contents and all other information used on this website (www.top501.com) are legally owned by “Top501.Com” and protected by UK Copyright, Designs and Patents Act 1988 (the 1988 Act).

No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our permission. You may download or print a copy of any portion of the content from our website, only for personal or non-commercial or educational use. You may not republish any of our content on any other place of the internet or extranet or incorporate the information in any other database or compilation. Any other use of the content is strictly prohibited.

Any personal or commercial use of any content, image, design, logo, video, trademark, service mark or any other information inserted in this website is strictly prohibited to any unauthorized use. Any unauthorized use of such content, image, trademark, service mark, logo, icon, graphic, software and all other information appeared on this website www.top501.com, will deem to be violation of  Copyright, Designs and Patents Act 1988 (the 1988 Act), Digital Millennium Copyright Act (DMCA) 1998  and  other applicable UK and other applicable international intellectual property law .

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Top501.

Top501 has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Top501 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Prohibited Activities

When using our website you must behave in a peaceful, civil, prudent and respectful manner at all times. Moreover, you will not and it is strictly prohibited to:

• Act in a specious manner by, among other things, impersonating any person;
• Harass or bully any other member or user of the Top501 Websites;
• Distribute “spam”;
• “frame” or “mirror” any part of the website;
• Modify, adapt, sublicense, translate, sell, decompile or otherwise disassemble any portion of the Top501 websites or their content or any software used on the websites, or motivate others to do so.
• Obtain any private or personal information of a third party without such third party’s lawful consent;
• Use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media, any content or information obtained from the.top501 websites in connection with your use of our websites in accordance with this “Terms and Conditions”.
• Reverse engineer any aspect of our services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our services;
• Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our services;
• Develop or use any applications that interact with our services without our prior written consent;
• Take part in any activity that are in any way deemed to be void or illegal under any law.

We reserve the right, at our sole discretion, to suspend or terminate your account, or delete user content due to your violation of this clause.  Failure to enforce this clause in some instances does not constitute a waiver of our right to enforce it in other instances.  In addition, this clause does not create any private right of action on the part of any third party or any reasonable expectation that our services will not contain any content that is prohibited by such rules.

Termination

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Legal Limitations

As some jurisdictions do not allow some of the exclusions or limitations as established in these Terms and Conditions some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation. Top501 may plead these Terms and Conditions in a bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any complaint or otherwise in respect of this Terms and Conditions.

If any provision of these Terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed deleted from these Terms and Conditions and the validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected.

No failure or delay by us in exercising any right under these Terms and Conditions will operate as a waiver of that right nor will any single or partial exercise by us of any right preclude any further exercise of any right.

Indemnification

You agree to defend, indemnify and hold harmless Top501 and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Top501, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Top501 its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Top501 ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Top501 or any person for whom Top501 is responsible, and even if Top501 has been advised of the possibility of such loss or damage being incurred.

Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

Miscellaneous

These miscellaneous provisions are part of just about every online Terms and Conditions to ensure its enforceability. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Top501 as a result of the Terms and Conditions.

We have the absolute discretion, to transfer or assign all or any part of our rights under these Terms and Conditions and will have the right to delegate or use third-party contractors to fulfill our duties and obligations under these Terms and Conditions in connection with using our website.

Privacy Policy and Cookie Policy

Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.

Contact Us

If you have any questions about these Terms, please contact us at privacy@top501.com