Terms And Conditions
Please read carefully before you sign up for a listing with us.
These trading terms and conditions apply to the purchase of any goods or products via this website, you are also directed to our terms and conditions of use of this website and to our privacy policy all of which are applicable to your use of this website and by accessing this website and/or placing an order you agree to be bound by the all terms, conditions and policies set out below. If you do not agree to be bound by any of these terms or conditions you may not use or access this website except for research. Upon placing a listing with us, you (the listing recipient) are made aware that you expressly agree to be bound by our terms and conditions, code of conduct and practice. CleverD.com reserves the right to withdraw or change a listing.
Standard Conditions of Sale
1. Definitions
1.1 "Buyer" means the person who buys or agrees to buy the Products from the Seller.
1.2 "Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3 "Delivery date" means the date specified by the Seller when the Products are to be delivered, in this case, the display of an advertisement.
1.4 "Products" means those goods specified. In the case of advertisers, the only products clever D has to sell are services and advertising and marketing products. Products in the case of the consumer, relate to the items and products advertised on our site by 3rd parties.
1.5 "Price" means the Seller's current full price for the Products including VAT at the time of acceptance of an Order.
1.6 "Seller" means The clever directory Limited in the case of individuals and companies advertising on Cleverd.com, and “seller” also relates to the owners of the websites listed on clever D.
1.7 "Consumer" shall bear the meaning as described in section 9 Unfair Contract Terms Act 1977.
1.8. “Delivery” refers to our delivery of an advert, banner, promotion or listing displayed on cleverd.com, which as been paid by the advertiser. We reserve the right to prioritise paid listings over free listings. We cannot guarantee when a free listing will appear on cleverd.com We promise to “deliver” your advert within 2 weeks of placing your order with us, provided we have been paid by you for this service, in full and without hesitance or dispute.
2. Conditions Applicable
2.1 Nothing in these conditions shall affect the buyer's statutory rights as a consumer.
2.2 The Seller shall sell and the Buyer shall purchase the products (paid listings and advertising products) in accordance with any written and/or electronically communicated quotation of the Seller which is properly accepted by the Buyer, or any written or verbal order of the Buyer which is accepted by the Seller including but not limited to orders placed using the Seller's electronic online ordering service, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the Buyer. CLEVER D DOES NOT BECOME CONTRACTURALLY INVOLVED WITH THE BUYER WHEN THEY MAKE A PURCHASE ON A SITE THAT IS EXTERNAL TO CLEVERD.COM FOR PRODUCTS AND SERVICES. We also do not recommend, either personal, or corporate, any site listed on cleverD.com, we supply “as seen” and we do not imply that we are the seller of the products, nor do we imply that a listing on cleverD.com is an endorsement or recommendation of a product or company.
2.3 Any typographical or clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without prior notice or any liability attaching to such error on the part of the Seller.
2.4 If any provision of these conditions is adjudged invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.
2.5 If any advertiser is dissatisfied with the advert they have paid for on clever d, they may have it removed by sending an email to us. We reserve the right to levy a charge for this.
2.6. If a BUYER of advertising from the SELLER, the seller being cleverd.com, we promise to tell you exactly the amount you have to pay, and when the payment is processed, we will inform you. All ads must be paid for in the form of a deposit taken by credit or debit card, with further instalments to be paid by either pro forma invoice or direct debit. If you choose repeat payments via your card, we shall contact you before any funds are drawn on this card.
Please indicate your preferred payment method when ordering with us. We will also accept a written or faxed order from you, however if we cannot take credit or debit card payment from you at that point, we would ask for a payment to be made to us by cheque. Your advert will NOT appear on CleverD.com until we have received the funds in our account. This of course does not apply to free ads, nor does it apply to sites listed on Google ad words on or around our website.
3. The Price and Payment
3.1 Save as provided otherwise herein the Price shall be that as stipulated in the Seller's published price list (advertising) current at the date of acceptance of the order of the Products. In the event of any increase in the cost to the Seller of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the Price payable under the contract having first given written notice to the buyer. Notice of cancellation must be received in writing by the seller within seven days of delivery of the notice of price increase to the buyer.
3.2 Payment of the full Price shall be due at the date of the order or as agreed in writing. Time for payment shall be of the essence. If the Buyer does not pay the Price as agreed the Seller may bring an action for the Price even though property in the Products has not been passed to the Buyer. If the Buyer fails to make payment as required the Seller may suspend delivery of the Products or any further Products ordered until payment is made in full.
4. The Products
4.1 The quantity and description of the Products shall be set out in the Seller's quotation.
4.2 The Seller may make any changes in the specification of the Products which do not materially affect their appearance, quality or performance required to conform with any applicable statutory requirements where the Products are supplied to the Seller's specification.
4.3 Photographs are for illustrative purpose only, and may not exactly match the product itself. Photographs do not comprise any contractual warranty on the part of the Seller and should not be relied upon by the Buyer as an exact representation of the Products.
5. Warranties and Liability
5.1 All goods supplied by the Seller (advertising) do not come with any guarantee, indemnity or warranty and no guarantees are implied as such. Many products offered by 3rd parties on Cleverd.com, may offer a warranty and we expect all of these companies to make this clear at the point of sale. Goods bought from our website are NOT provided by us, but are provided by the owners of the respective websites listed on CleverD, or by sites displayed in Google Ad words section, the text ads that appear throughout the site, listed as being by Google. Google is also NOT liable for the goods sold and any disputes must be directed towards the owners o sites you visited and not google, who are not liable at all.
5.2 The Seller (3rd party) shall provide the Buyer of goods with such information as is required to claim under the manufacturer's warranties. In the event of a claim, the Buyer shall in the first instance contact the Seller's customer service department and NOT The clever directory.
5.3 The Seller, in its own right, does not provide any warranty cover against any defects.
5.4 If the Buyer is dissatisfied with a purchase for any reason they may contact the advertiser directly to complain or for any customer service question. They are not authorised or permitted to contact clever D. We are a website who advertises other peoples websites. If you have a complaint, please contact the relevant company AND NOT CLEVERD.COM. We are not responsible for the products sold on this website.
5.5 Except where the Buyer acts as a Consumer all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or conditions of the products whether implied by statute or common law or otherwise are excluded to the fullest extent of the law.
5.6 Insofar as is permitted by law, our only liability to you under these terms and conditions will be, at our sole discretion, to make good any shortage or non-delivery, to replace or repair any goods which are received by you in a damaged or defective state or to refund to you any sums actually paid by you for the goods in question. We will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to us and will have no liability to you for any failure or delay in delivering goods or any damage or defect in goods delivered which is caused by any event or circumstance which is beyond our reasonable control. Nothing in this Clause 5 affects your statutory rights as a consumer.
6. Delivery
6.1 To reiterate again, Cleverd.com and the clever directory limited only sell advertising and marketing products, we do not sell or imply that we sell any of the goods listed on our site. IF you have a complaint or delivery query about any product or service advertised on our site, you must contact the seller and NOT cleverd.com. We shall not be liable at all, in any way, at any time.
6.2. If you are an advertiser and have paid for a listing, we will endeavour to process your order and display (deliver) the listing within 14 days, usually sooner. If there is any delay, we will let you know by email. This does not apply to FREE listings, whereby there is no time limit. Upon selecting a free listing, you are made aware that the duration of the listing is for 12 months maximum. You would be expected to re apply after this time.
7. Acceptance of the Products
7.1 Upon acceptance of our products (paid listings etc) you agree to bound by our terms and conditions of sale. We reserve the right to contact you after delivery as a matter of courtesy to check your details are correct, and suggest other ways that Cleverd.com could help you with more effective advertising.
8. Title and Risk
8.1 Risk of damage to or loss of the Products shall pass to the Buyer upon delivery.
8.2 Notwithstanding any other provision herein title in the Products shall not pass to the Buyer until the Seller has received in cash or clear funds payment in full.
8.3 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of the Seller, but if the Buyer does so all moneys owing to the Seller shall (without prejudice to any other right or remedy on the Seller) immediately become due and payable.
9. Insolvency of Buyer
If the Buyer makes any voluntary arrangements with its creditors or becomes Bankrupt, goes into provisional or full Liquidation or any administration orders are made, the Buyer not being a consumer, the Seller shall be entitled to cancel the contract without any liability to the Buyer and if the Products have been delivered but not paid for, the Price shall become immediately due and payable despite any previous arrangements to the contrary. If an advertiser with us becomes bankrupt and the company ceases to trade, we reserve the right to remove the listing from CleverD. We would attempt to contact you before we did this.
10. Headings & General
10.1 The headings of the clauses in any terms and conditions or policies are intended for reference only and not as an aid to the interpretation or construction of such terms, conditions and policies.
10.2 No statement, warranty (either express or implied), recommendation, published price or description contained in any printed or electronic catalogue, advertisement or communication or made verbally by any of the seller's employees or agents shall be construed to enlarge, vary of affect in any way any terms and conditions.
10.3 The Buyer hereby agrees to fully indemnify the Seller for any loss or additional cost incurred arising out of any inaccuracy in the data provided by the Buyer; any instructions (or lack of them) provided by the Buyer; or through any act of default by the Buyer, its servants agents or employees.
10.4 The seller shall not be liable to the Buyer for any event of Force Majeure, including but not limited to strikes, accidents, war, terrorism, fire, power supply, plant breakdown or unavailability of raw materials.
10.5 Any notice required or permitted to be given by either party to the other under the Sellers terms and conditions shall be in writing to the addresses contained in any contract formation documentation and/or to any current URL (e-mail address) of either party.
11. Proper Law of Contract
This Contract shall be governed by the laws of England and Wales and any dispute, question or remedy howsoever arising will be determined exclusively by the Courts of England and Wales. Your use of this website is subject to these terms and by using the website you show your agreement to such terms. If you do not accept our terms, please do not use or view this website.
Alterations
The clever directory Limited reserve the right, at any time and without prior notice, to remove or cease to supply any product or service contained on this website. In the event that such removal takes place we shall not be liable to you in any way whatsoever for such removal.
Applications for Products and Services
Prices, and details, of products and services (and any offers) posted online are subject to change without notice. All products and services are subject to availability and we give no guarantee in this regard. The provision of details of products and services on this website are not, and should be construed as, a binding and conclusive offer to sell or buy such products or services by the relevant company. The company advertising the products and services concerned may accept or reject your offer at its sole discretion.
Commercial Use
This website is for both commercial (companies) and non-commercial (personal) use only. The products and services contained on this website may be supplied on a commercially on the basis that the commercial user clearly identifies all the Terms and Conditions upon which we trade to their clients and by using this site the commercial user warrants that their client consents to the relevant Terms and Conditions (in so far as that "client" provides personal data which, by using this website the commercial user consents to our processing such data in accordance with these Terms and Conditions and our Privacy policy). In the event that you use any of the products or services contained on this website for commercial use, then we shall be entitled to charge you at our rates from time to time in force and previously notified to you in respect of such commercial use.
Copyright
The copyright in the material contained in this website belongs to Cleverd.com and its parent company, The Clever Directory Ltd, of Suite 106, city business park, Plymouth, Devon. UK. PL3 4BB. This office is NOT open to personal callers. For the purposes of a transaction with us any person may copy any part of this material, subject to the following conditions:
- The material may not be used for any commercial purposes;
- The copies must retain any copyrights or other intellectual property notices contained in the original material;
- The products and technology or processes described in this website may be subject to other intellectual property rights reserved by The clever Directory Limited or by other third parties (and no licence is granted in respect of those intellectual property rights);
- Images and logos on this website are protected by copyright and may not be reproduced or appropriated in any manner without the written permission of their respective owner(s).
- Clever D.com owns the copyright on all items on this site.
The copyright in the material contained in this web site belongs to The clever directory Ltd. This copyright includes the content, coding, graphics and all aspects of this web site. Upon reading this we hereby authorise you to copy documents or pages published by The clever directory Ltd on this web site for your non-commercial use only, provided any copy of these documents that you make retains all copyright or other proprietary notices, and any disclaimer contained thereon. Except for this limited permission, nothing on this site should be construed as granting any other right or licence under any copyright of Clever D.com or the Clever directory Ltd.
We have used our best endeavour to ensure that all its information provided through this web site is correct at the time of entry, although the site is constantly updated, subsequent events may affect the validity of information over time, it could be suggested. The information is supplied on an 'as is' basis. We therefore do not guarantee the accuracy of these pages and any visitor using information contained in them does so entirely at his or her own risk. In default, The Clever Directory Ltd shall not be liable at all, in any way, neither is any company associated or directly working with or for Clever D.com from an administration, legal, technical or financial viewpoint.
Changes to Terms and Records of Agreements
We reserve the right to change these terms and conditions at any time by posting changes on the website. It is your responsibility to review the website terms and conditions regularly to ensure you are aware of our latest terms and conditions. Your use of this website after a change has been posted will be deemed to signify your acceptance of the modified terms and conditions. We recommend that you print off and retain for your records a copy of these terms and conditions from time to time and a copy of any terms and conditions relating to any product or service which you apply for on-line, together with any related application and/or proposal form duly completed and submitted to us (and received by us). Any amendment to any terms and conditions must be agreed in writing by us, or, if appropriate, by the relevant company with whom you contract.
Disclaimers
Whilst we have taken care in the preparation of the contents of this website, this website and the information, names, images, pictures, logos, icons regarding or relating to us or the products and services, are provided on an "as existing" basis without any representation or endorsement being made and without any warranty of any kind, whether express or implied, including but not limited to, any implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, all such terms and warranties are hereby excluded. In no event will we be liable (whether in contract or tort, including negligence or breach of statutory duty or otherwise) for any losses sustained and arising out of or in connection with use of this website including, without limitation, indirect or consequential losses, loss of profit, loss of data or special loss.
We do not represent that the information contained in this website is accurate, comprehensive, verified or complete, and shall accept no liability for the accuracy, truthfulness or completeness of the information contained in the website or for any reliance placed by any person or party (including but not limited to any third party) on the information contained herein. We do not warrant that the functions or materials accessible from or contained in this website will be uninterrupted or error free, that defects will be corrected or that this website or the server that makes it available are virus or bug free or represent the full functionality, accuracy or reliability of the materials.
If any of these Terms and Conditions (or any terms and conditions relating to a product or service referred to in this website) should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws or any state or country in which such terms and conditions are intended to be effective, then to the extent of such illegality, invalidity or unenforceability, and in relation to such state or country only, such terms or condition shall be deleted and severed from the rest of the relevant terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
Headings
Headings used in these terms and conditions are for convenience only and shall not affect their interpretation.
Jurisdiction and Law
Unless otherwise specified, the products and services described in this website are available only to UK residents (excluding the Channel Islands and Isle of Man). The information on this website is not directed at anyone other than UK residents and applications from others will, unless otherwise stated, not be accepted. We make no representation that any product or service referred to on the website is appropriate for use, or available in other locations. The information and other materials contained in this website may not satisfy the laws of any other country and those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. The phone numbers provided only apply to phone calls made from within the UK.
These Terms and Conditions and any terms and conditions relating to products or services described in this website shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising in relation to the same shall, unless otherwise expressly agreed, be subject to the exclusive jurisdiction of the courts of England and Wales.
In the case of websites and/or products offered from outside the European union, although we encourage the inclusion of worldwide sites and services, please be aware that in some countries you must pay import tax to bring products into this country (e.g., buying a car n the USA and shipping it over to UK).
Links to other websites
Certain (hypertext) links may lead you to websites that are not under the control of the clever directory Limited. When you activate any of these links, you will leave our website and we have no control over and will accept no responsibility or liability in respect of the material on any such other website. By allowing links with third party websites we do not intend to solicit business or offer any security to any person in any country, directly or indirectly.
Monitoring of Phone Calls/Emails
Entirely subject to our Privacy Policy, telephone calls using the telephone numbers provided on this website and email correspondence with us at the email addresses accessible through, or discernible from, this website may be recorded or monitored. By using such communication methods you are consenting to the recording or monitoring of the same.
Product Terms and Conditions
If you apply for any product or service detailed on this website, these Terms and Conditions should be read in conjunction with our Trading Terms and Conditions and, in the event of any contradiction between these Terms and Conditions and our Trading Terms and Conditions relating to such product or service, the latter shall prevail. For the purposes of all of our Terms and Conditions, "product(s)" and "service(s)" shall not include, without limitation, any representation and/or warranty and/or advice as to the suitability and/or fitness for purpose of either for the user's express and/or implied purpose.
Trademarks
The images, logos and names on this website identify Clever d.com or the clever directory Limited. Nothing contained in this website shall be deemed to confer on any person any licence or right on the part of the companies mentioned or any third party with respect to any such image, logo or name.
ADVERTISERS.
Clever D agrees to provide a free basic listing for companies wishing a web presence on our site. Clever D will reject automatic sign up programmes and clever d is strongly against spam and the sending of unsolicited messages. If you are unable to sign up for a listing for any reason, then please email us as soon as possible and we will look into it for you. If you have received an email or spam that appears to be from Clever D, but is probably not, please inform us immediately.
Alternatively if you are based in the European Union (including UK), PAID ONLY listings may be placed by phone by calling us on 0870 881 7847 (calls charged at standard national rate). This number will also accept a faxed copy. Our team would be happy to assist you in placing your advert with us. If you have difficulty with reading and writing, please feel free to call, talk us through your advert and we will design it on your behalf and place it on our site, in the appropriate category. There may be an extra charge for this. We will tell you the exact price before we take payments from you.
You can remove your personal or company details from the directory by making a request to us in writing. We reserve the right to list your business with its name, address and contact numbers but all other information may be withheld from public view. Please do not add personal information on our site which would place you, your employees or family in any danger or peril. If upon us reviewing your listing, we find it is in appropriate, we will endeavour to contact you to discuss why we feel the way we do. If upon carefully suggested alterations, you do not wish to comply, we reserve the right to remove you listing and ensure that you do not ever get another listing on our website.
Acceptable and appropriate language.
Clever D.com is a site that is aimed at all the family and at all cultures, races and genders. Any sites listed here should be family friendly. If your website has adult content, we should know about it, and the visitors to your site should also be told that it is adults only before they view any material whosesoever. We reserve the right to remove offensive sites.
We reserve the right to remove a listing if it incites religious hatred or prejudice, if it causes offence or upset to children or seniors, if it is racially motivated (this does not apply to ethnic products or sites selling products which cater for a specific ethnic group, for example Kosher builders, Bibles or Halal food), if it sells products which are illegal, unsafe, unfit or unusable, unless this is clearly stated as part of the deal.
Ethical trading
If an advertiser who sells age restricted products; (eg. DVD, certificate 18, or alcoholic drinks) has suspicion or reason to believe that the purchase is from someone under the legal and specified age limit they must inform the police immediately and then inform clever D. If you select a product from one of the 3rd party websites listed within clever D, we are NOT responsible in any way at all for your dealings with that website, individual or company. Advertisers are also reminded that selling age restricted products (eg Alcohol) to those below the minimum age may be liable for prosecution.
In default, the clever directory limited, will not be liable at all, in any way, for mistakes, omissions, errors, loss of income, loss of trade, incorrect information, broken links, competitors advertising on the same page as you.
We reserve the right to refuse a listing if the site sells non decommissioned military equipment, working combat guns, combat knives, illegal weapons, live ammunition, contaminated or hazardous items. We reserve the right to refuse a listing if we feel or we find out, that the site is generating money for terrorist or crime operations. These sites will also be reported to the police including the CIA, FBI and Interpol, plus they may also be removed completely from the internet by your service provider or host. We also will refuse any site which sells live animals or stock, especially endangered species. These sites will also be reported to animal protection agencies, and in some cases, the police.
Please make sure that you read our submission guidelines before submitting a site or link to us.
Upon reading this document you expressly agree to be bound by its terms without question.