Mark FixIt Limited

Terms and Conditions for East Sheen & Mortlake

Effective Date: 15/04/25

1. Introduction

Welcome to East Sheen & Mortlake (https://www.eastsheenandmortlake.co.uk), a local business directory operated by Digital Success Heroes (“we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our website, including any content, functionality, and services offered on or through https://www.eastsheenandmortlake.co.uk (the “Site”), whether as a guest, a registered user, or a business listing owner (“Business Lister”).

Please read these Terms carefully before you start to use the Site. By using the Site, or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://eastsheenandmortlake.co.uk/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Site.

2. Definitions

• Site: Refers to the website https://www.eastsheenandmortlake.co.uk, including all its content, features, and services.
• Service: Refers to the online directory service provided through the Site, allowing businesses to list their details and users to browse these listings.
• User: Any individual browsing or using the Site, including Business Listers.
• Business Lister: A business entity or individual authorized representative who registers an account and submits or manages a business listing on the Site.
• Listing: The profile page and information submitted by a Business Lister about their business/organisation displayed on the Site.
• Basic Listing: A standard, potentially free listing displaying core business details as defined by us.
• Subscription Plan: Refers to the paid ‘Economy’, ‘Premium’, or ‘Ultimate’ plans offering enhanced Listing features and visibility, available on a monthly or yearly subscription basis.
• Content: Includes text, images, logos, videos, contact information, reviews, and any other material submitted by Users or Business Listers or displayed on the Site.

3. Description of Service

East Sheen & Mortlake provides an online platform for local businesses to list their services and contact information and for Users to search for and connect with these businesses. Businesses can create:

• Basic Listings: Displaying essential company/organisation details. The features included in a Basic Listing are determined solely by us and may change.
• Subscription Plan Listings (‘Economy’, ‘Premium’, ‘Ultimate’): These paid tiers offer enhanced features, visibility, and functionality compared to the Basic Listing, as detailed on our pricing or features page [Link to Pricing/Features Page, if applicable].

4. User Accounts and Registration (For Business Listers)

• Account Creation: To create or claim a Listing (Basic or Subscription Plan), you must register for an account as a Business Lister. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
• Account Responsibility: You are responsible for safeguarding your account password and for any activities or actions under your account. You agree to notify us immediately at info@eastsheenandmortlake.co.uk of any unauthorized use of your account.
• Eligibility: You must be at least 18 years old and have the legal authority to represent the business you are listing.

5. Listing Submission and Content Guidelines

• Accuracy and Legality: Business Listers are solely responsible for the accuracy, legality, and appropriateness of all Content submitted for their Listing. Information must be truthful and relate directly to the business being listed.
• Prohibited Content: You agree not to post Content that:
  • Is false, misleading, deceptive, or fraudulent.
  • Infringes upon any third party’s intellectual property rights (copyright, trademark, patent), rights of publicity or privacy.
  • Is defamatory, libelous, threatening, harassing, hateful, or racially or ethnically offensive.
  • Is obscene, pornographic, or promotes illegal activities.
  • Contains viruses, malware, or harmful code.
  • Violates any applicable local, state, national, or international law or regulation.
• License Grant: By submitting Content for a Listing, you grant Digital Success Heroes a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and our business, including for promoting the Site.
• Right to Moderate: We reserve the right, but not the obligation, to review, reject, remove, or modify any Listing or Content at our sole discretion, without notice, if it violates these Terms or is otherwise deemed inappropriate. We do not guarantee the accuracy or endorse any content submitted by Business Listers.

6. Subscription Plans, Payments, and Renewals

• Subscription Tiers: We offer ‘Economy’, ‘Premium’, and ‘Ultimate’ Subscription Plans with varying features and pricing, as described on our Site.
• Billing Cycles: Subscriptions are available on a monthly or yearly billing cycle, selected at the time of purchase.
• Payment:
  • All Subscription Plan fees are due in advance.
  • Payments are processed securely through our third-party payment processor, Stripe. We do not store your full credit card details on our servers.
  • By providing payment information, you authorize us (through Stripe) to charge the applicable Subscription fees to your chosen payment method.
  • You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we (via Stripe) can complete your transactions and contact you as needed.
  • Your use of Stripe is subject to Stripe’s own terms of service and privacy policy. We are not responsible for the performance or security of Stripe.
• Automatic Renewal: Unless you cancel your subscription before the end of the current billing period, your Subscription Plan will automatically renew for the same duration (monthly or yearly). You authorize us (through Stripe) to charge the then-current subscription fee to your designated payment method upon renewal.
• Price Changes: We reserve the right to change Subscription Plan fees. Any price changes will be communicated to you in advance, typically via email or a notice on the Site, and will take effect at the start of the next billing cycle following the notice. Your continued use of the Subscription Plan after the price change constitutes your agreement to pay the modified fee.
• Taxes: All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

7. Term, Termination, and Cancellation

• Term: These Terms remain in effect while you use the Site.
• Cancellation by Business Lister: You may cancel your Subscription Plan at any time through your account settings on the Site or by contacting us at info@eastsheenandmortlake.co.uk. Cancellation will be effective at the end of your current billing period (month or year). Your Listing may revert to a Basic Listing (if applicable) or be removed entirely upon cancellation, at our discretion.
• Termination by Us: We may suspend or terminate your account and access to the Site or Service (including removing your Listing) immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.
• Effect of Termination: Upon termination, your right to use the Service will cease immediately. If your account is terminated, your Listing and associated Content may be deleted. Sections concerning Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution shall survive termination.
• Refund Policy: Subscription fees are non-refundable except as required by law. No refunds or credits will be provided for partial subscription periods or unused services upon cancellation or termination.

8. Intellectual Property Rights

• Our IP: The Site and its original content (excluding Content provided by Business Listers), features, and functionality are and will remain the exclusive property of Digital Success Heroes and its licensors. The Site is protected by copyright, trademark, and other laws of United Kingdom and foreign countries. Our trademarks may not be used in connection with any product or service without our prior written consent.
• Business Lister IP: Business Listers retain ownership of the intellectual property rights in the Content they submit for their Listing, subject to the license granted to us in Section 5.

9. User Conduct

All Users (including Business Listers and general browsers) agree not to:

• Use the Site in any way that violates applicable laws or regulations.
• Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site.
• Use the Site in any manner that could disable, overburden, damage, or impair the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any material.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Use the directory information for unsolicited commercial communications (spam) or purposes other than identifying and potentially contacting listed businesses for their intended services.

10. Disclaimers

• “As Is” Basis: The Site and the Service are provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
• No Guarantee of Accuracy: While we strive for accuracy, we do not warrant that the information provided on the Site (including Listing details submitted by Business Listers) is accurate, complete, reliable, current, or error-free. Users rely on Listing information at their own risk.
• No Endorsement: We do not endorse, guarantee, or assume responsibility for any business, product, or service listed or advertised on the Site. Any transactions or interactions between Users and Business Listers are solely between them, and we are not a party to such interactions.
• Availability: We do not guarantee that the Site will be available uninterrupted, secure, or error-free.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Digital Success Heroes, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS 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 SITE OR SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY (INCLUDING BUSINESS LISTERS) ON THE SITE; (III) ANY CONTENT OBTAINED FROM THE SITE; 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.

OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SITE OR SERVICE SHALL BE LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO US FOR THE SPECIFIC SERVICE (I.E., SUBSCRIPTION PLAN) DURING THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US.

12. Indemnification

You agree to defend, indemnify, and hold harmless Digital Success Heroes, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, any Content you submit, any use of the Site’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site. This indemnification obligation specifically applies to Business Listers regarding the accuracy, legality, and potential infringement related to their Listing Content.

13. Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which can be found at https://eastsheenandmortlake.co.uk/privacy-policy/. Our Privacy Policy explains how we collect, use, and disclose information that pertains to your privacy, including how personal details provided for Listings are handled securely within our database while payment processing occurs off-site via Stripe. By using the Site, you agree to the terms of the Privacy Policy.

14. Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide reasonable notice prior to any new terms taking effect (e.g., by posting a notice on the Site or sending an email to registered users). What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site or Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.

15. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of United Kingdom (e.g., State of California, USA or England and Wales), without regard to its conflict of law provisions.

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in [City, State/Country] using the English language in accordance with the Arbitration Rules and Procedures of [Choose an Arbitration Association, e.g., JAMS, AAA, or local equivalent] then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. [Alternatively, you could specify litigation in a specific court instead of arbitration, but consult your legal advisor on the best approach for you].

16. Miscellaneous

• Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and Digital Success Heroes regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
• Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
• Severability: 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.
• Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

17. Contact Information

If you have any questions about these Terms, please contact us at: info@eastsheenandmortlake.co.uk or Network Business Centre, 46 Lower Richmond Rd., London SW14 7EX.