
Library Services provided by My Locations Limited (“My Locations”) are provided upon the following
general terms and conditions (“Terms”). These Terms may be changed by My Locations
from time to time and shall apply when posted to the My Locations Website and the
Client agrees that it shall remain responsible for ensuring it complies with the
latest applicable Terms:
In these Terms the following words and phrases shall bear the following meanings:
DEFINITIONS:
“The Client” means any individual, company or other entity using any of the online
or offline Library Services provided by My Locations whether from the My Locations
website or otherwise in relation to Locations. “Event” means any media event or intended media
event for which the Client requires a location. “Library Fee” means a fee of £250 plus VAT payable in respect of My
Locations' administrative costs. “Library Services” means the Location library services
provided by My Locations. “Location” means the locations,
venues and premises marketed and promoted by My Locations. ”Location Enquiry” means
an enquiry by a Client to My Locations whether by telephone, email or otherwise.
“Location Fee” means all
amounts payable by the Client in respect of the use by the Client of a Location
for an Event (as agreed between the Client and Owner). “Location License" means the standard location license between the Client and the
Owner governing the use by the Client of any Location. “Location Manager” means a person registered as such
with the My Locations Website. “My Locations Website” means
the website operated by My Locations at www.mylocations.co.uk. "Owner" means the individual, company or other entity which owns or controls the
Location in question.
LOCATION ENQUIRIES:
My Locations will endeavor to respond to Location Enquiries as early as practicable.
Notwithstanding the foregoing, My Locations reserves the right to decline to provide
information relating to any Location.
Upon submission of a Location Enquiry My Locations may in its sole and absolute
discretion provide brief details of any Locations which it considers may be of interest
to the Client (if any). My Locations gives no representation warranty or undertaking
regarding the suitability or availability of any Location for any given Event.
Without prejudice to the terms and conditions of any applicable Location License, My Locations reserves the right to withdraw any Location at any time from the
My Locations Website or Library Services, for any reason and whether prior to booking
by the Client or otherwise.
My Locations makes no warranty, representation or undertaking as to the accuracy
of information provided with regard to any Location but My Locations will use its
reasonable endeavors to ensure that all information is as accurate as reasonably
possible. The Client agrees that it shall satisfy itself of the suitability of the
Location for its own purposes.
In respect of booking any Location, My Locations shall arrange for the Client to
enter into a Location Licence with the Owner.
CLIENT AND OWNER PAYMENTS:
In respect of each Event at a Location, the Client
shall pay to My Locations the Library Fee and the Location Fee. The Library Fee
and the Location Fee must be paid on or before first day of filming (subject to
presentation of My Locations’ applicable invoice), save that any overtime fees or
other fees forming part of the Location Fee and not ascertainable at the date must
be paid within 7 days of My Locations' applicable invoice.
Subject to My Locations' prior receipt of the
full amounts of the Library Fee and Location Fee, My Locations shall pay to the
Owner 85% of the Locations Fee (plus VAT where applicable) within 5 days after the
first day of filming (subject to presentation of the Owner's applicable invoice).
For the avoidance of doubt, My Locations shall
itself retain the remaining 15% of the Locations Fee.
BOOKING AND USE OF LOCATIONS:
The
Client shall enter into a Location License prior to the commencement of any Event.
All Location bookings shall be subject to the terms and conditions of the Location
License and the Client shall be bound by and at all times comply with its terms
and conditions.
The Client shall procure that for the entire duration of the Event the Location
shall be covered by the appropriate public liability insurance for a minimum level
of cover of one million pounds sterling, or such greater level of cover as My Locations
shall determine in its sole and absolute discretion having regard to the nature
of the Location and the Event. At My Locations’ request the Client shall, prior
to the commencement of any Event, provide satisfactory documentary evidence of all
relevant policies of insurance in force.
LIABILITY AND WARRANTIES:
The Client agrees that its use of the Location
shall be exclusively governed by the terms and conditions of the Location License.
Accordingly, the Client agrees that My Locations shall under no circumstances be
liable to the Client in respect of the Client’s use of the Location(s) or other
dealings with the Owner.
My Locations’ liability to the Client under
these Terms for the provision of the Library Service to the Client shall in no event exceed the
aggregate of all sums due to My Locations by the Client hereunder. This provision
shall survive termination of the agreement between My Locations and the Client.
Save as expressly set out in these Terms, all warranties and conditions, whether
express or implied by statute, common law or otherwise (including without limitation
as to satisfactory quality or fitness for purpose), are expressly excluded to the
extent permitted by law. This provision shall survive termination of the agreement
between My Locations and the Client.
No use shall be made by the Client of any Location other than as expressly permitted
in the Location License.
My Locations shall have no liability to the Client in the event that any Location
booked shall become unavailable due to any circumstances beyond either My Locations’
or the Owner’s reasonable control.
GENERAL:
The Client undertakes to treat all information provided by My Locations in strict
confidence and not to disclose such information to any third parties other than
its employees, officers, agents and contractors on a need to know basis and subject
to their undertaking to comply with like obligations of confidentiality. The Client
shall indemnify and keep indemnified My Locations against all loss and damage that
My Locations may suffer as a result of breach of this provision by the Client or
its employees, officers, contractors or agents.
Information supplied to My Locations about the Client's business and Location requirements
may be put onto My Locations’ database and used by My Locations in evaluating any
Location enquiries or requests submitted by the Client.
All sums payable to My Locations are exclusive of VAT, which shall be paid in addition
by the Client as applicable.
These Terms are governed by English law
and the Client or the Location Manager and My Locations shall submit
to the non-exclusive jurisdiction of the English Courts.
The Contracts (Rights of
Third Parties Act) 1999 shall not apply to these Terms.
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