Basic Terms and Conditions

Please read these terms and conditions (the “terms”) carefully. By accessing and using our website and applications together with any content and features therein (including without limitation any games, widgets, embeddable media players and RSS feeds) (together, our “services”), you indicate your acceptance of these terms, the Privacy Policy, the Code of Conduct and any other notices, guidelines and rules published by My B Guide on our services from time to time (each of which is incorporated into the terms by this reference). The Privacy Policy and Code of Conduct can be accessed from links on our services.

If you do not accept these terms please do not access and/or use the services.

My B Guide may update these terms at any time. Please review the terms regularly to ensure you are aware of any changes. Your continued access to and/or use of our services after changes have been made to the terms indicates your agreement to be legally bound by the updated and/or amended terms.

You agree to use our services for lawful purposes only and in a way that does not infringe the rights of or restrict or inhibit any person’s use and enjoyment of our services and in compliance at all times with these terms and with all laws and regulations that apply.

In accessing our services, you agree that you will only access its contents for your own personal and non-commercial use and not for any commercial or other purposes, including advertising or selling any goods or services. You also agree not to adapt, alter or create a derivative work from any content on our services except for your own personal, non-commercial use. You will need our prior written permission if you want to use any content on our services for any other reason.

From time to time, we may make available some parts of our services (including without limitation forums or communities) or all of our services only to those users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. Any personal information supplied to us as part of this registration process and/or or other interaction with our services will be collected, stored and used in accordance with our Privacy Policy. we have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms.

If you are under 16 you will need to obtain your parent’s or guardian’s permission before using any interactive features of our services, such as transmitting or uploading any content onto our services. If you are under 16 you must not reveal any personal information about yourself or anyone else, including your telephone number, home address or email address, to us or to any other user of our services.

We make no representation that any of the content on our services is appropriate or available for use in your country. You are responsible for ensuring that your use of our services is in compliance with all applicable local laws and regulations.

All information, data, text, documents, graphics, logos, designs, images, pictures, photographs, videos, podcasts, weblogs, RSS feeds, widgets, embeddable media players, software, interactive features, advertisements or other content, services or materials (or any part of them) accessible on our services (materials) are protected by copyright, trade marks, database rights and other intellectual property rights and are owned by or licensed to us or are otherwise used by us as permitted by applicable law or regulation. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any licence or right to use the materials other than as permitted in these terms.

Except as specifically permitted on our services, you undertake not to copy, store in any medium (including on any other website), distribute, transmit, re-transmit, re-publish, broadcast, modify, or show in public any part of our services without our prior written permission (and the prior written consent of the owner of the relevant intellectual property rights).

PLEASE READ THIS SECTION CAREFULLY BEFORE UPLOADING OR OTHERWISE TRANSMITTING ANY CONTENT TO THE SITE. IF YOU DO NOT WANT TO GRANT US THE PERMISSIONS SET OUT IN THESE TERMS, PLEASE DO NOT SUBMIT YOUR CONTRIBUTION TO THE SITE.

We may now or in the future enable users to transmit and/or submit contributions (including without limitation any text, photographs, graphics, video or audio material) to our services (user contributions).

Whenever you make use of a feature that allows you to submit user Contributions or to make contact with other users of our services, you must comply with the content standards set out in the Code of Conduct. You promise that any user contribution complies with the Code of Conduct and you will fully reimburse us for any costs arising from breach of your promise.

You remain the owner of the copyright in any original user contribution that you submit. By submitting any user contribution to any of our services (including without limitation any forum, blog, social network, discussion page, photo album or video uploading facility) and in consideration of us making available to you the opportunity to upload any user contribution (which you acknowledge as a sufficient benefit to you), you irrevocably and unconditionally grant us free of charge a non-exclusive, worldwide, royalty-free, sub-licensable licence of the entire right, title and interest in and to such user contribution so that we and any successor may use the user contribution in any way, including without limitation the right to copy, reproduce, modify, edit, adapt, reformat, translate, create derivative works from, incorporate into other works, transmit, distribute, perform, play, broadcast, commercialise and otherwise make available to the public such user contribution (whether in whole or in part or copies of the same) in any format or medium currently known or developed in the future for the full period during which such rights subsist (including all renewals, revivals, reversions and extensions of the same) and thereafter to the fullest extent possible in perpetuity.

The permission you have granted to us is not exclusive and therefore you may continue to use the user contribution in any way in any medium, including allowing others to use it, provided such use does not interfere with or impair the rights you have granted to us.

You authorise us to grant and we hereby grant to each user of our services a non-exclusive licence to view, hear, read, stream, download, link to and otherwise access your user contributions to our services through our services and otherwise to use such user contributions as permitted through the functionality of our services and in accordance with these terms.

You shall be solely responsible for your user contributions and the consequences of submitting them to our services. You promise that the user contribution is your own original work and you own the entire right, title and interest in and to the user contribution and/or you have all necessary licences, rights, consents and permissions to use and to authorise us to use any and all intellectual property rights (including without limitation copyright) in such user contribution to enable us to use the user contribution in the manner contemplated by these terms and nothing in the user contribution is defamatory, obscene, indecent, pornographic, sexually explicit, harassing, threatening or offensive, incites racial, cultural or religious hatred, impersonates or appears to impersonate any other person, is in contempt of court, violates any law or regulation or encourages conduct that would amount to a criminal offence (including without limitation any conduct that would be considered an offence. You will not collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material, data or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with your user contribution or in connection with your use of our services, unless you have obtained the express, prior permission of such other person (or their parent or guardian if such other person is under 16), firm or enterprise to do so;

You hereby waive all moral rights or similar rights now existing or created in the future in any part of the world in respect of any user contribution and grant to us the non-exclusive, royalty-free worldwide right to use any name, user name, screen name, likeness, photograph, signature and/or biographical material submitted to us by you.

You shall, and will procure that any necessary third parties shall, do all such further acts and execute and deliver all such other documents as may be reasonably requested by us to confirm the licences and rights granted under these terms.

All user contributions will be considered non-confidential and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose relevant information to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, their right to privacy.

We are entitled at our option, but are not obliged to (a) actively review user contributions to our services; and/or (b) remove any user contributions submitted to our services by you or any other user if, in our opinion, such user contributions do not comply with these terms.

We reserve the right in our sole discretion at any time without liability and with or without prior notice (a) not to post any user contribution on our services; (b) to remove or suspend or disable access to any user contributions; (c) to revoke your registration (where applicable) and right to access and/or use our services or submit any user contributions; and (d) to use any technological, legal, operational or other means available to enforce these terms, including without limitation blocking specific IP addresses or deactivating your registration and/or user name and password (where applicable).

Information published via our services is intended solely for the purpose of providing general information and is not intended to amount to advice on which reliance should be placed. We do not warrant that any materials are accurate or free from error and we disclaim all liability and responsibility arising from any reliance placed on any content on our services by you or by anyone who may be informed of any of the contents of our services.

You acknowledge that when using our services you may be exposed to materials from a variety of sources and that we are not responsible for the content, truth, accuracy, usefulness or safety of such materials. We do not endorse any user contributions or any opinion, recommendation or advice expressed in any user Contribution and we disclaim any and all liability in connection with such user contributions or other material.

We aim to update our services regularly and may change the content at any time. We may suspend access to our services, or close them indefinitely at any time at our sole discretion. The materials may be out of date at any given time and we are under no obligation to update them.

Our services are provided “AS IS” and on an “AS AVAILABLE” basis without any representation or endorsement of any kind. To the fullest extent permitted by applicable law, we disclaim all warranties, conditions and other terms of any kind, express or implied, in connection with our services and your use of our services (including, without limitation, as to satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy).

We do not warrant that the functions contained in any materials on our services will be uninterrupted or error-free, that defects will be corrected or that our services or the servers that makes them available are free of viruses or bugs.

We accept no liability in respect of any user contributions submitted by any of our users. Your use of our services, the materials and/or any user contributions is entirely at your own risk

To the fullest extent permitted by law, third parties connected to us hereby expressly exclude any liability for any direct, indirect, consequential, special or exemplary loss or damage (whether such losses were foreseen, foreseeable, known or otherwise) arising from, out of or in connection with the use of our services, including without limitation: (a) injury and/or damage to persons or property as a result of any statement, including any actual or alleged defamatory statement; (b) losses suffered by any third party, including infringement of any intellectual property or privacy rights; (c) loss of data; (d) loss of revenue or anticipated profits; (e) loss of business or contracts; (f) loss of opportunity; (g) loss of anticipated savings; (h) wasted management or office time; or (i) loss of goodwill or injury to reputation.

This does not affect our liability for death or personal injury arising from our negligence, fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable laws or regulations.

We shall not be responsible for any breach of these terms caused by circumstances beyond our control.

We have no control over the content or availability of third party sites that you may access through our services and such links are provided for your information only. If you visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.

We do not endorse and are not responsible or liable (directly or indirectly) for any content, advertising, products, services, views expressed or information on or available from third party websites (including without limitation payment for and delivery of any products or services) or for any damage, loss or offence caused by or in connection with your access to and use of such third party sites and any available services. Any terms, conditions, warranties or representations associated with any dealings on any third party sites are solely between you and the relevant provider of that site and/or any relevant service.

You may link to the home page of any website within our services without seeking our further written consent PROVIDED THAT you fully comply with these terms.

You are not permitted to create a link to any part of our services other than the home page unless you have our prior written consent (and for the avoidance of doubt, such consent shall be deemed given in respect of RSS feeds, widgets and embeddable media players which we may make available PROVIDED THAT you use them in accordance with these terms and any further instructions published through our services). We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in the Code of Conduct. our services must not be framed on any other site.

Any links to our services must be made in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in any way that suggests any form of association, representation, approval or endorsement on our part where none exists. Links to our services do not imply that we endorse, are affiliated with or are associated with any linked site or that any linked site is authorised to use any of our trade marks, trade names, brands, logos or copyright symbols or those of any of our affiliates or licensors.

Links to our services are not permitted from websites that incite hatred whether based on race, religion, gender, sexuality or otherwise, or promote encourage or facilitate anti-social behaviour and websites that promote, encourage or facilitate violence. Websites that promote, encourage or facilitate terrorism or other activities that risk national security and websites that discriminate against any specific social group or otherwise exploit vulnerable sections of society.

Digital Advertising

  1. 1.1 This Agreement is made between My B Guide and the Supplier as outlined in the Order.
  2. 1.2 Where the Supplier is an advertising agency, the relationship between My B Guide and such agency is that the Order is issued and shall be treated as issued by the Supplier as a principal and there shall be no contract between the Supplier’s advertiser and My B Guide, nor shall the Supplier’s advertiser be able to claim upon the contract of the agency with My B Guide.
  1. 2.1 My B Guide shall accept an Ad in its absolute discretion subject that the Ad, and any other material provided by the Supplier being in accordance with the standards and guidelines of My B Guide, including these terms & Conditions. The file containing the Ad complying with My B Guide’s technical specifications (available upon request)
  2. 2.2 Where the Supplier is an advertiser or advertising agency, subject to receipt by My B Guide of a signed copy of the booking form, My B Guide will publish the Ad on the Site each day during the Campaign Period or until the Ad Impressions booked have accrued in respect of the Ad, or otherwise in accordance with the Order.
  3. 2.3 Where the Supplier is an ad serving platform, My B Guide shall place, or instruct its ad server to place, on the Site any ad tag supplied by the Supplier in accordance with clause 3.2 If not otherwise available to the Supplier, My B Guide will provide all Page Traffic Statistics to the Supplier within thirty days of the end of each month during the Campaign Period.
  4. 2.4 All Suppliers listed is only allowed to be listed once on My B Guide. If the Supplier list their business more that once they can be banned from the My B Guide platform.
  1. 3.1 To the extent the Supplier is an advertiser, or advertising agency, the Supplier shall supply to My B Guide either a file containing the Ad or all the information, trade marks, logos and other materials necessary to enable My B Guide to create the Ad in an agreed format and medium on or before the copy delivery date, as set out in the Order or booking form. The Supplier shall grant to My B Guide the right to link to the advertiser’s site via the Ad during the Campaign Period and inform My B Guide at least ten working days in advance of any planned changes to the advertiser’s site that might affect the performance of any part of My B Guide’s obligations under this Agreement.
  2. 3.2 To the extent the Supplier is an ad serving platform, the Supplier shall provide My B Guide with any ad tags to allow My B Guide’s ad server to deliver Ads from the Supplier. The Supplier shall provide My B Guide with access to and use of its ad serving platform to enable My B Guide to sell Ad Inventory to buyers, track delivery and performance of Ads, and to calculate Ad revenue, also facilitate the sale of Ad Inventory in accordance with these terms & Conditions and calculate the value of the Ad Inventory sold and the number of Ad Impressions, and report these figures to My B Guide
  1. 4.1 Ads will be published on the Site in consideration of payment of the Fee, and any Additional Fee if applicable My B Guide may at its absolute discretion omit, suspend or change the position of any Ad accepted.
  1. 5.1 The Supplier shall pay My B Guide the Fee, and any Additional Fee if applicable, in accordance with the payment terms in the Order or the booking form. Where the Supplier is an ad serving platform, the Supplier shall be responsible for calculating the Fee owing to My B Guide based on the number of Ad Impressions. My B Guide shall invoice the Supplier for the Fee.
  2. 5.2 This clause 5.2 applies if the Supplier has booked a fixed number of Ad Impressions in the Order My B Guide shall invoice the Supplier for any Additional Fee, if applicable, in respect of the previous calendar month, which shall be payable on the 15th day of the month which follows the month of the invoice. If the number of Ad Impressions in any month appears likely to exceed the Ad Impressions booked, My B Guide will notify the Supplier and the parties shall agree in good faith either to reduce the average number of pages of the Site which will include an Ad for the remainder of the month so that the number of Ad Impressions does not exceed the Ad Impressions booked or instead to permit the Ad Impressions booked to be exceeded with a pro rata increase in the Fee payable by the Supplier in respect of that month. If the number of Ad Impressions in any month is less than the Ad Impressions booked, the deficit will be carried over to the next month and aggregated to the target number of Ad Impressions for that month. If at the end of the Campaign Period there is an aggregate deficit in the number of Ad Impressions compared with the Ad Impressions booked over the entire Campaign Period, My B Guide and the Supplier will agree a mutually acceptable settlement and, if no other agreement is reached, My B Guide will reimburse a portion of the Fee to the Supplier in respect of the deficit pro-rated according to the basis of Fee.
  3. 5.3 If there is disagreement between the parties regarding the number of Ad Impressions served and the discrepancy is +/- 10%, My B Guide’s figures will be used, unless otherwise stated in the Order. Any other discrepancy will be dealt with on a case by case basis.
  4. If the Fee due from the Supplier to My B Guide is not paid in accordance with the payment terms, then without prejudice to any other rights and remedies of My B Guide, the Supplier shall pay to My B Guide interest on the amount outstanding from the date due until payment is made at the rate of four per cent (4%) per annum above the base rate.
  1. 6.1 My B Guide will be entitled to use the Supplier’s name and trade marks on its Sites and in connection with the Ads.
  1. 7.1 My B Guide warrants to the Supplier that it has the full power and authority to enter into and perform this Agreement and have not entered into any arrangement which in any way conflicts with this Agreement or inhibits, restricts or impairs its ability to perform its obligations under this Agreement and it will use reasonable skill and care in designing (if applicable) and delivering the Ad on the Site.
  2. 7.2 The Supplier warrants and undertakes to My B Guide that it has the full power and authority to enter into and perform this Agreement and has not entered into any arrangement which in any way conflicts with this Agreement or inhibits, restricts or impairs its ability to perform its obligations under this Agreement and nothing contained in any materials provided by the Supplier or the Ad shall infringe any right of copyright, right of trade mark, right of privacy, right of publicity or personality or any other right of any other nature of any person, or be obscene or libellous or blasphemous or defamatory, and that the information does not incorporate any third party source material. Also there are and shall be no claims, demands, liens, encumbrances or rights of any kind in any of the information resulting from any act or omission of the Supplier, which can or will impair or interfere with the rights of My B Guide, and that nothing contained in the information, nor any use of it, will violate any right of any third party it owns all necessary rights in, or has all necessary licences in respect of its trade marks, and ad serving platform (if applicable). It shall take reasonable precautions to ensure no malicious code is introduced to the Sites via its ad serving platform (if applicable) and it shall comply with all applicable laws, including the Data Protection Legislation.
  3. 7.3 The placing of an Order shall constitute an undertaking by the Supplier to My B Guide that the Ad, and any site linked via the Ad and complies with all relevant consumer protection legislation and advertising codes r does not contain material that is obscene, blasphemous, defamatory, infringing of any rights of any third party or otherwise legally actionable under any civil or criminal laws in force in any legal jurisdiction from which the Ad will be accessible or which might bring My B Guide into disrepute; and
  1. 8.1 The Supplier hereby agrees to indemnify My B Guide, its directors, employees, officers and affiliates, against all claims, proceedings, demands, damages, liabilities, regulatory sanctions or fines, and costs (including reasonable legal costs) arising out of in connection with any use of an Ad by a User, and any breach by the Supplier of this Agreement.
  2. 8.2 My B Guide will not be liable for any loss or damage, direct or consequential, occasioned by error in the positioning of or omission to publish any Ad or for late publication of an Ad or failure to perform any other obligation whether occasioned by negligence or otherwise save in cases occasioned by the direct negligence of My B Guide, in which case compensation may not exceed the cost of the Fee in relation to the relevant Ad.
  1. 9.1 My B Guide is the owner or licensee of all intellectual property rights in the Site and the design of the Ad (if designed by My B Guide), with the exception of any third party trade marks appearing on the Ad.
  2. 9.2 To the extent the Supplier is an advertiser, the advertiser is the owner of all intellectual property rights in its site, logos and trade marks that may feature within the Ad.
  3. 9.3 If any third party claims that the design of the Ad infringes the intellectual property rights of that third party, My B Guide will consult with the Supplier and may modify the Ad or delete or replace any part of the material, or information contained in the Ad, provided that any modification, deletion or replacement does not materially affect a User’s ability to access the advertiser’s site via the Ad.
  1. 10.1 Each party agrees to keep confidential (both during and after the Campaign Period, or the duration of the Order as the case may be) the terms of the Campaign and the Order, the Page Traffic Statistics, Personal Data, and all other confidential information concerning the business or affairs of the other. This obligation will not apply in the case of any disclosure required by law, trivial information or information which is already publicly available or in the possession of a party at the time of disclosure by the other (other than as a result of a breach of any confidentiality obligation).
  1. 11.1 This Agreement shall expire at the end of the Campaign Period, or as otherwise stated in the Order, unless cancelled or terminated earlier in accordance with this Agreement.
  2. 11.2 My B Guide or the Supplier (if an advertiser or advertising agency only), shall have the right to cancel this Agreement on 28 days’ notice in writing to the other party, subject to the Supplier reimbursing My B Guide for any costs incurred up to the date of cancellation in producing the Ad, on a reasonable time spent basis.
  3. 11.3 Both parties shall have the right to terminate this Agreement My B Guide on written notice to the other party in any of the following events if the other commits any material breach of its obligations under this Agreement which, in the case of a breach capable of remedy, is not remedied within 10 days of notice specifying the breach and requiring it to be remedied;
  4. 11.4 My B Guide shall have the right to terminate this Agreement My B Guide on written notice to the Supplier if the Supplier is in breachof this Agreement or if the relevant Supervisory Authority exercises its powers under Article 58 of the GDPR (or equivalent provision in the Data Protection Legislation) which limits or restricts (whether temporary or definitive) processing of Personal Data.
  5. 11.5 My B Guide on termination or expiry of this Agreement: My B Guide will remove the Ad from the Site and any Supplier ad tag, the Supplier will account to My B Guide for the Fee due up to and including the last day of the Campaign Period or date of expiry or termination, as applicable and the Supplier will cease Processing Personal Data and My B Guide delete or return to the Publisher any Personal Data Processed up to the date of expiry or termination. The Supplier shall also destroy all copies of Personal Data, save to the extent it is legally required to retain a copy. The termination of this Agreement shall be without prejudice to any rights of a party accrued before termination.
  1. 12.1 Both parties shall use their best efforts to negotiate in good faith and settle amicably any dispute that may arise out of or relate to this Agreement or a breach thereof. If any such dispute cannot be settled amicably through ordinary negotiations by appropriate representatives of the parties the dispute shall be referred to the signatories of this Agreement or their successors who shall attempt to resolve the dispute.
  1. 13.1 Any notice given under this Agreement will be in writing and delivered to the other party or sent by pre-paid post to the company’s registered office address.

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