Terms and Conditions

Terms and Conditions​

  1. Description of Service

In accordance with these Cumbria Guru Business Listings Terms and Conditions (referred to as the “Agreement” or “S.O.”), Cumbria Guru, shall display on the Cumbria Guru website one or more of the following on the applicable listing page of the Customer’s business: a link to the official URL, the phone number, and a link to the property’s email address, from the Effective Date until terminated by either party in accordance with this Agreement (the “Term”). Cumbria Guru makes no guarantees as to the effectiveness of creating a Business Listing.

Cumbria Guru is a subscription product that helps persons/families worldwide to reach your establishment, event, or service by providing localised contact details such as telephone numbers, websites and email addresses. It is a powerful tool to help businesses market to consumers and spread the word about their brand on the UK’s largest listing site. However, we also encourage owners to explore additional mutually beneficial business.

  1. Definitions

“Add-on” means a product that is purchased by Customer in addition to a Business Listing subscription. All Add-ons expire at the same time as the related Business Listing subscription.

“Business Listing” shall be defined as a listing which includes one or more of the following listed on the Cumbria Guru website: a) a link to an official URL, b) a phone number, and c) link to the email address.

“Business Listings Order” means the record generated by Cumbria Guru sent to the Customer setting out the terms of the Business Listing.

“Customer” or “You” means the contracting entity (together with any affiliates or subsidiaries, if applicable) as listed in the Business Listings Order.

“Deliverables “means one or more of the following that Customer can choose one or more of the following to add to a Business Listing: the official URL, link to the email address, phone number.

“Effective Date” means the date that the Business Listing is initially displayed on the Cumbria Guru website and as recorded in the Business Listings Order (unless otherwise agreed between the parties).

” Subscription Term” means the period of a Business Listing subscription (regardless of payment frequency), which may be renewed in accordance with these terms.

“Cumbria Guru website” means www.cumbria.guru and all active country code TLD extensions (eg. .co.uk).

  1. Sales Order Rules

All requests by a Customer to create a Business Listing on the Cumbria Guru website are governed by this Agreement and the Business Listings Order. No other conditions, provisions, or terms of any sort appearing in any writings or other communications made in connection with this Agreement, including without limitation those contained on any forms of payment, will be binding on Cumbria Guru, whether in conflict with or in addition to this Agreement. This Agreement is binding on Customer and not subject to cancellation, except as provided below under Section 4 & 7. Customer will use Cumbria Guru services in accordance with the Cumbria Guru Site terms of use cumbria.guru/terms/ (as amended from time to time), any applicable law and in a manner,  which does not interfere with, disturb, or disrupt other network users, services, or equipment, as determined by Cumbria Guru in its sole discretion.

  1. Business Listings

Cumbria Guru reserves the right, without liability, to reject, remove and/or cancel any information in the Business Listings that contain content or links which do not meet Cumbria Guru’s specifications, at Cumbria Guru’s sole discretion. Cumbria Guru’s sole liability under this Agreement shall be to refund the pro-rata portion of amounts paid for the unfulfilled term to the extent that the content or links do not meet Cumbria Guru’s specifications. However, in cases which involve fraudulent activity of any type, or inappropriate or malicious content, no refunds will be provided. Cumbria Guru may redesign the Cumbria Guru website at its sole discretion at any time. Customer agrees to the following:

  1. a) Customer hereby grants Cumbria and its affiliates the right to display Business Listing information on the Cumbria Guru website, and any other Williamson Media branded Web sites, partner web sites, and emails that are related to Cumbria Guru, Failure by Cumbria Guru to publish any Business Listing information does not constitute a breach of contract or otherwise entitle Customer to any legal remedy.
  2. b) Customer’s failure to comply with all applicable requirements of this Agreement may delay or prevent the display of the Business Listing and shall give Cumbria Guru the right to immediately terminate the applicable Agreement;

c) Customer shall be solely responsible for the content provided to Cumbria Guru for the Business Listing (including but not limited to a promotion or offer) and any web site linked to from such information, and Customer shall indemnify Cumbria Guru for all loss, costs, and damages in connection with any claims of infringement of any third party rights and any claims arising from the content (including but not limited to unfair or deceptive acts and practices and consumer protection claims). Customer represents, warrants and covenants to Cumbria Guru that at all times, (a) it is fully authorised to publish the entire contents and subject matter of all requested information (including, without limitation, all text, URLs, and Internet sites to which URLs are linked); (b) all such materials and Internet sites comply with all applicable laws and regulations and do not violate the rights (including, but not limited to, intellectual property rights) of any third party; (c) it has the full corporate rights, power and authority to enter into this Agreement and to perform the acts required of it hereunder, and its execution of this S.O. does not and will not violate any agreement to which it is a Party or by which it is otherwise bound, or any applicable law, rule or regulation; and (d) each such Internet site is controlled by Customer and operated by Customer or its independent contractors, is functional and accessible at all times, and is suitable in all respects to be linked to from the applicable site.

  1. d) It is the Customer’s obligation to submit Business Listing information in accordance with Cumbria Guru’s then existing criteria or specifications (including content limitations, technical specifications, terms of use, privacy policies, user experience policies, policies regarding consistency with Cumbria Guru’s public image, community standards regarding obscenity or indecency (taking into consideration the portion(s) of the Site to which Cumbria Guru members are directed), and any other Cumbria Guru policy (collectively “Policies”).
  2. e) Public Announcements. Customer hereby grants Cumbria Guru permission to publicise the fact that it is a Business Listing customer of Cumbria Guru in a press release. Customer shall not use, display or modify Cumbria Guru’s trademarks in any manner without the prior written consent of Cumbria Guru.
  1. Privacy and Compliance

From the date that the Business Listing information begins to be displayed, through the expiration or termination of the Agreement or applicable S.O., Customer shall have a privacy policy in place governing Customer’s use of end users’ personal information that meets or exceeds any applicable laws, rules and regulations governing the use of such information. Both parties shall ensure that any collection, use and disclosure of information obtained pursuant to the related S.O. comply with all applicable laws, regulations and privacy policies, including all the requirements the CAN-SPAM Act. Customer agrees not to send any unsolicited, commercial email or other online communication (e.g., “spam”) through to Cumbria Guru users and shall comply with all applicable Cumbria Guru policies regarding bulk mail. If applicable, for the purposes of any email or advertising placements, Customer designates Cumbria Guru as the sender for compliance with the CAN-SPAM Act. This section shall survive the completion, expiration, termination or cancellation of this S.O. for a period of five (5) years.

  1. Payment Terms and Calculations

Where Customer purchases a Business Listing subscription, Customer acknowledges and agrees that this is based on a recurring payment, and that payments shall be made to Cumbria Guru by the method selected by Customer at the recurring intervals until the subscription for Business Listings is terminated by Customer or Cumbria Guru in accordance with this Agreement. Customer agrees that the same method of payment must be used for all business services (including but not limited to Cumbia Guru Instant Booking) purchased by Customer under the same account, unless otherwise notified by Cumbria Guru. Accordingly, if Customer makes a change to its selected payment method for Business Listings, this will effect a change to the payment method for all other services. Customer’s authorisation to debit its bank account, charge its credit card or make any other valid form of payment for Business Listing subscription fees will create an authorisation for the same method of payment for all other services ordered under the same account. Customer shall be charged for the Business Listing from the Effective Date. Customer shall pay Cumbria Guru upfront or in regular instalments (as applicable) for – display of Business Listing information. If Cumbria Guru agrees to receive payment by monthly quarterly or Yearly instalments, Customer must pay Cumbria Guru every month or quarter or year, as applicable, in advance. In addition to any other rights, Cumbria Guru may immediately remove Customer’s Business Listing information if it detects some form of misuse within such time. All sums payable by Customer to Cumbria Guru under this Agreement are exclusive of any sales tax, indirect or other taxes chargeable on any supply to which those sums relate (except for VAT, which may be billed in Customer’s invoice). Business Listings will be renewed automatically at the end of a Subscription Term for a subsequent Subscription Term of equal length at the then-current standard rates. The applicable fees will be charged to the payment method on file unless otherwise notified of a cancellation in writing. Although Cumbria Guru may choose to send a reminder email prior to charging a Customer for a renewal fee, Cumbria is not responsible for notifying a Customer of this automated renewal. If You miss any payment owed to Cumbria Guru or if a credit card is expired or otherwise fails to authorise, the Business Listings service may be discontinued without notice.

  1. Effective Date, Cancellation, Switching and Add-Ons

7.1 Effective Date: Unless Cumbria Guru notifies the Customer otherwise, this Agreement is effective upon the Effective Date.

7.2 Cancellation: A Customer may cancel its Business Listing subscription, thereby terminating this Agreement, solely in accordance with the following cancellation policies:

  1. a) Subscription Terms of 3 months or less If a Customer requests the cancellation of this type of Business Listing subscription at any time during the first fourteen (14) days of the first Subscription Term (or of any subsequent Subscription Term, if the subscription is renewed), the cancellation will take effect immediately and the Customer will be entitled to a prorated refund of the pre-paid Business Listing fee, in respect of the unused portion of the subscription, unless the Subscription Term is one month, in which case Customer shall not be entitled to a prorated refund.

If a Customer requests cancellation at any time after the first fourteen (14) days of the first Subscription Term (or of any subsequent Subscription Term, if the subscription is renewed), the cancellation will take effect on the first day after the end of the current Subscription Term and the Customer will be not be entitled to any refund of fees paid.

  1. b) Subscription Terms of more than 6 months: If a Customer requests the cancellation of this type of Business Listing subscription at any time during the first thirty (30) days of the first Subscription Term (or of any subsequent Subscription Term, if the subscription is renewed), the cancellation will take effect immediately and the Customer will be entitled to a prorated refund for that Subscription Term, in respect of the unused portion of the subscription, unless Customer pays in monthly instalments, in which case Customer shall not be entitled to a prorated refund in respect of the monthly billing period during which cancellation is requested.

If a Customer requests cancellation at any time after the first thirty (30) days of the first Subscription Term (or of any subsequent Subscription Term, if the subscription is renewed), the cancellation will take effect on the first day after the end of the current Subscription Term and the Customer will be liable for payment of Business Listing fee for that Subscription Term.

UPON TERMINATION OF THIS AGREEMENT, CUSTOMER’S SOLE REMEDY WILL BE A REFUND OF PRE-PAID FEES (IF APPLICABLE) UNDER THE TERMS OF THE ABOVE CANCELLATION POLICIES. NEITHER CUMBRIA GURU NOR ANY OF ITS AFFILIATES WILL HAVE ANY OTHER LIABILITY OF ANY NATURE TO THE CUSTOMER, OR ANY OTHER THIRD-PARTIES, IN RESPECT OF TERMINATION.

7.3 Switching: If permitted by Cumbria Guru, a Customer may switch from one type of Subscription Term to another. If such switch is permitted, the relevant changes to payment terms, renewal dates and the applicable cancellation policy will come into effect on the next payment date, as applicable.

7.4 Add-ons: if Customer purchases an Add-on, it shall expire, renew and be cancellable on the same terms as the Business Listing subscription to which it relates.

  1. Liability, Warranty & Indemnity
  2. a) CUMBRIA GURU MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES AS TO THE NUMBER OF VISITORS TO OR PAGES DISPLAYED ON THE CUMBRIA GURU SITE OR THE FUNCTIONALITY, PERFORMANCE, OR RESPONSE TIMES OF THE CUMBRIA GURU WEBSITE. CUMBRIA GURU DISCLAIMS AND SHALL NOT BE LIABLE FOR ANY OTHER LOSS, INJURY, COST OR DAMAGE SUFFERED BY CUSTOMER OR ANY THIRD PARTY AND SHALL IN NO EVENT BE LIABLE FOR CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS. THIS PROVISION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT. IN NO EVENT SHALL CUMBRIA GURU OR ANY OF ITS AFFILIATES BE LIABLE TO CUSTOMER FOR AN AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY CUMBRIA GURU FROM CUSTOMER FOR THE SPECIFIC BUSINESS LISTING INFORMATION AT ISSUE.
  1. b) Customer agrees to defend, indemnify and hold harmless Cumbria Guru and each of Cumbria Guru’s agents, customers, subcontractors and affiliates, and the officers, directors, and employees of any of the foregoing, from, against and in respect of any and all losses, costs, (including reasonable attorney’s fees) expenses, damages, assessments, or judgments (collectively, “Liabilities”), resulting from any claim against any such parties in connection with Customer’s advertisement, except to the extent that such claims directly resulted from the gross negligence or wilful misconduct of Cumbria Guru.
  2. Jurisdiction & Venue

This Agreement is governed by the laws of England & Wales for all disputes related to the subject matter hereof.

  1. General Provisions

No joint venture, partnership, employment, or agency relationship exists between Customer and Cumbria Guru. Cumbria Guru will not be deemed to have waived or modified any of these terms and conditions except in writing signed by its duly authorised representative. Customer may not assign its rights hereunder to any third party unless Cumbria Guru expressly consents to such assignment in writing, not to be unreasonably withheld. Modifications to the originally submitted S.O. will not be binding unless signed by both parties. If any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree or decision, the remaining provisions will remain valid and enforceable, and the unenforceable provisions will be deemed modified to the extent necessary to make them enforceable. This Agreement will be deemed to be controlling over all other writings or agreements of any kind between the parties covering the Business Listings subject matter of this IO. All notices to Cumbria Guru relating to any legal claims or matters must be made in writing to Cumbria Guru, legal@cumbria.guru. Each Party expressly undertakes to retain in confidence and to require its agents and contractors to retain in confidence all information and know-how transmitted to such Party that the disclosing Party has identified as being proprietary and/or confidential or which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential. All terms and conditions of this Agreement will be considered confidential and will not be disclosed (except to both Party’s attorneys and accountants on a need-to-know basis) without the prior written consent of the other Party. The Parties acknowledge and agree that Cumbria Guru may archive an electronic copy of the fully executed Agreement. Except as specifically provided herein, this Agreement constitutes the entire understanding between the parties and supersedes all prior understandings and/or agreements between the parties with respect to the subject matter regarding Business Listings. Cumbria Guru may amend this Agreement at any time, by giving Customer notification of the amendments in writing or via email. Unless otherwise stated in the notification or unless Customer cancels its Business Listing subscription (as permitted by this Agreement or the notification), any amendments shall be automatically effective thirty (30) days after they are notified to Customer.

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