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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Copyright 2007 My Locations Ltd

Registered Office: 131 Hatfield Road, St Albans, Herts, AL1 4JS