Swell Dweller
Terms of Use
- This Website is owned and operated by Swell Dweller Ltd (company number 4058753) 74 Barber Road, Crookesmoor, Sheffield S10 1EE. We can also be contacted at Contact Us
- Swell Dweller Ltd publishes online information including property listings, business features, listings for civic and public bodies and advertisements on this Website for organisations wishing to promote products and services to businesses and members of the general public accessing this Website.
- These Terms are deemed to include our Privacy Policy and are collectively known as "these Terms".
- When you use this Website, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you may not use this Website. All advertisers using this Website are deemed to have read and accepted these Terms prior to placing any advertisement on the Website.
- You may print and keep a copy of these Terms. They are a legal agreement between us and can only be modified with our consent. We may change these Terms at our discretion by changing them on the Website. The then current version of these Terms will apply whenever you use this Website.
- Save for content submitted by advertisers the copyright and all other intellectual property rights in this Website (including all database rights, trade marks, service marks, trading names, text, graphics, code, files and links) is owned by Swell Dweller Ltd or our licensor(s). You may download material from this Website for the sole purpose of using this Website. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Website without our prior written consent.
- Swell Dweller Ltd is providing this Website on an 'as is' basis and makes no representations or warranties of any kind with respect to this Website or its content and disclaims all such representations and warranties. In addition, Swell Dweller Ltd makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published on this Website. The information contained in this Website may contain technical inaccuracies or typographical errors. All liability of Swell Dweller Ltd howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
- As access to this Website is free of charge Swell Dweller Ltd cannot be held liable for any loss, damage or offence caused while using this Website. Swell Dweller Ltd cannot assume any responsibility (to the extent permitted by law) for any loss caused by reliance or action taken on any information contained on this Website.
- Neither Swell Dweller Ltd nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Advertisers agree to indemnify and hold harmless Swell Dweller Ltd from any claims resulting from use of this Website which damages advertisers or any other party.
- Swell Dweller Ltd is the proprietor/exclusive licensee of the Swell Dweller trade mark. All other trade marks, brand names, product names and titles and copyrights used in this Website are trade marks, brand names, product names or copyrights of their respective holders. No permission is given by Swell Dweller Ltd in respect of the use of any of them and such use may constitute an infringement of the holder's rights. Swell Dweller has no affiliation with any registered trademarked Corporation, hence is not passing off as so.
- Information on this Website is the property of Swell Dweller Ltd. The materials contained in this Website are protected by copyright law. The contents of the Website are available to any user and/or visitor for personal reference only and may not be reproduced in any manner whatsoever either in whole or in part without the prior written permission of the Company, its authorised agents or representatives.
- Upon receipt of feature details for inclusion in the business and/or city guides, or details copied from the advertisers own website these will be placed in the section selected by the advertiser.
- Swell Dweller Ltd will provide a link to advertisers websites. Inbound links benefit website search engine results. It is hoped advertisers will in turn reciprocate and place a link on their website to this Website. This will help the ranking of the Swell Dweller Website in the search engines, which in turn will further benefit advertisers own website rankings in the search engines. Swell Dweller Ltd will provide website administrators with the text to create a link.
- Swell Dweller Ltd retains the right at all times to accept and publish features/advertisements on the Website from businesses offering similar services or products to that of other advertisers.
- Swell Dweller Ltd reserves the right over the design and presentation of the Website and may from time to time at its sole discretion vary the appearance or design of the Website, or any aspect thereof, including but not limited to its colour scheme.
- Swell Dweller Ltd reserves the right to charge for any subsequent change, addition or amendment to features after details have been entered on the Website. For additional and multiple features a 50% discount applies to the single listing fee.
- Advertising and subscriptions fees are due for payment upon presentation of an invoice, unless other terms have been previously agreed. Invoices are usually sent via e-mail.
- Any queries regarding invoices should be raised immediately upon receipt.
- Swell Dweller Ltd reserves the right to levy an administration charge of £30.00 for the collection of any overdue accounts.
- Business and city guide features will renew at the end of each term unless advertisers reply to the notice sent before the end of each term and indicate withdraw from renewal of the contract.
- Business and city guide features will be listed in date sequential order in each section ie. businesses subscribing earlier will benefit from been featured ahead of businesses featured in the same section subscribing at a later date. In due course premium listings may be available to all businesses to enhance their position and prominence if they choose to do so, for an additional listing fee.
- Advertisers grant Swell Dweller Ltd a non-exclusive world-wide licence to use, perform, reproduce, display, transmit and distribute their advertisement and all the contents contained therein in accordance with these Terms and warrant that all necessary authority and permissions have been obtained from any third parties where necessary.
- Advertisers will keep Swell Dweller Ltd or any third party (where relevant) indemnified from and against all liabilities, claims, demands, causes of action, judgements, legal fees, costs and expenses, proceedings, damages and loss suffered or incurred arising out of or related to a breach of these Terms.
- Swell Dweller Ltd shall not be liable for any loss to advertisers, including but without limitation, loss of business, profits or revenue arising from changed format, layout or design of, the technical malfunction of, or the inability to access the Website.
- The remedy for any delay in publishing an advertisement shall be limited at Swell Dweller Ltd's sole discretion to placement of the advertisement at a later time in a comparable position or an extension of the original term during which the advertisement is to be displayed on the Website.
- These Terms are not intended to benefit or be enforceable by any third parties under the terms of the Contracts (Rights of Third Parties) Act 1999.
- During 2009 Swell Dweller Ltd will contribute 10% of each business guide subscription received to the Swell Dweller - Patients Bed-Head Interactive Education Systems Appeal it is sponsoring for the Sheffield Children's Hospital (more details of this appeal can be found by following the "Sheffield Children's Hospital Charity" link at the top of each page on the Website). In addition businesses subscribing to the Swell Dweller Sheffield business guide in 2008 and 2009 will be included on the Contributors page of the Swell Dweller/Sheffield's Children's Hospital - Patients Bed-Head Interactive Education Systems Appeal on the Website.
- Advertisers cannot enter any false, fictitious or defamatory adverts or make any derogatory statements or claims about competitors or other advertisers using the Swell Dweller Website. Swell Dweller Ltd accepts no responsibility for such use of the Website and any offensive or derogatory adverts or statements upon discovery will be removed from the Website without prior notice to the perpetrator(s), who will be banned from future use of the Website. The Swell Dweller Website may not be used to advertise or promote any pornographic material, or anything that is illegal, immoral, offensive, and/or discriminates or promotes hatred, anyone doing so may leave themselves open to prosecution and criminal penalties. In addition advertisers warrant that advertisements comply with the British Code of Advertising Practice and all other Codes under the general supervison of the Advertising Standards Authority and other relevant legislation.
- Swell Dweller Ltd reserves the right in its absolute discretion:
- to add to or remove any material from the Website or to amend, alter, redesign or change anything contained in or on it at any time; and
- to monitor, suspend, revoke, or otherwise limit access to the Website at any time. Accounts terminated due to policy violations will not be refunded.
- This Website is targeted primarily at United Kingdom residents only. In listing your place of residence and delivery address in our order form, you are representing to us that you are a resident of the United Kingdom. This is a representation on which we rely prior to accepting your offer to purchase our advertised goods and services.
- This Website contains links to websites operated by third parties. We have no control over their individual content. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from this Website, you do so at your own risk and we are not responsible for the content of any website outside our website.
- Views expressed in all Website articles are those of Swell Dweller Ltd. Swell Dweller Ltd cannot assume any responsibility (to the extent permitted by law) of any loss caused by reliance or action taken on any information contained in these articles.
- Swell Dweller Ltd makes Discussion Forums available for your use on this and other Websites. By accessing these Discussion Forums, you agree to be bound by the Terms of Use relating to Swell Dweller Ltd's Discussion Forums.
Warranties and Disclaimers
Considering the real-time nature of the Discussion Forums, it is impossible for Swell Dweller Ltd to review messages or confirm the validity of information posted. Please remember that Swell Dweller Ltd does not actively monitor the contents of and is not responsible for any messages posted. We do not vouch for or warrant the accuracy, completeness or usefulness of any message, and are not responsible for the contents of any message.
The messages express the views of the author of the message, not necessarily the views of Swell Dweller Ltd nor any of its directors, employees or other representatives. Any user who feels that a posted message is objectionable is encouraged to contact us immediately, using the form at Contact Us. We have the ability to remove objectionable messages and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary. This is a manual process, however, so please realise that we may not be able to remove or edit particular messages immediately.
Deleting Messages
Although Swell Dweller Ltd does not and cannot review each and every message that is posted and is not responsible for the content of any of these messages, we reserve the right to delete any message for any reason whatsoever.
Messages are typically deleted as a result of the following:- Profanity in subject lines or signatures, or profanity within messages deemed to be blatant as opposed to incidental
- Spamming or commercial solicitation
- Flaming other members with the apparent intent of inciting or perpetuating a conflict or argument
- Bombing forums or individual threads with repetitive, pointless posts
- Posting personal e-mail or chat dialogues
- Posting pornographic or otherwise objectionable material
- Impersonating other individuals or false representation
- Discussion of illegal activity, or posting links to other websites that deal with such activities
- Discussion of ad blocking software.
- Posts made under secondary usernames or other aliases
- Posts which are completely unrelated to the forum in which they are posted
- Excessive cross-posting (this is considered spam)
- Posts which breach another member's privacy, ie. containing phone numbers, addresses or other personal information
- Copyright violations
- Any other violations Swell Dweller Ltd considers in its absolute discretion inappropriate for inclusion on these Discussion Forums
You agree, through your use of the Discussion Forums, that you will not post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violates any law.
You agree, through your use of the Discussion Forums, not to post any copyrighted material unless the copyright is owned by you.
You agree, through your use of the Discussion Forums, not to post advertising of any kind in the Forums (with the exception of links to Swell Dweller Ltd classified advertisements, which have been paid for and current Swell Dweller Ltd banner advertisers) whether you are a private party or company.
Swell Dweller Ltd also reserves the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you.
Limitation of Liability
In no event will Swell Dweller Ltd be liable for any damage whatsoever (including without limitation damages relating to lost revenues or profits, lost data, work stoppage, computer failure or malfunction) resulting from or in anyway related to the use of any materials posted on or made available in the Discussion Forums, even if Swell Dweller Ltd has been advised of the possibility of such damages and regardless of the legal theory on which such damages are based. - These conditions shall be governed by and construed in accordance with the laws of England. Swell Dweller Ltd controls swelldweller-sheffield.co.uk and other swelldweller websites from within the United Kingdom. It can, however, be accessed from other places around the world. Although these places may have different laws from those of the United Kingdom, by accessing swelldweller-sheffield.co.uk and other swelldweller websites you agree that the laws of England, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of swelldweller-sheffield.co.uk and other swelldweller websites.
- Google Map images contain Ordnance Survey information and are protected by Crown copyright under the Copyright Design and Patent Act 1988. Ordnance Survey products contain fingerprinting and coding protection techniques. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution and/or civil proceedings. You are authorised to make one screen dump of the map image on the page for personal use. You must obtain prior written permission from Ordnance Survey for all other uses and/or copies. Swell Dweller Ltd has no connection with Ordnance survey or Google Map but does recommend their services.
- "Laptop" Text Competition Rules
- Entrants to the “Laptop” Text Competition will be deemed to have read and understood these rules and be bound by them.
- This Competition is open to UK resident bill payers aged 16 and over, with the exception of employees of Swell Dweller Ltd, their immediate families, agents and anyone else professionally associated with this promotion.
- There will be one “Laptop” Competition winner. The winner will collect the prize from the company’s office at 74 Barber Road, Crookesmoor, Sheffield S10 1EE at their own expense.
- The draw for the “Laptop” will take place on 6th March 2009. The winner will be chosen independently and at random from all valid and correct entries received from 20th October 2008 until 28th February 2009. The judge’s decision is final and no correspondence will be entered in to. The “Laptop” winner will be notified free of charge.
- The winner will be contacted by telephone and by entering the Competition; Swell Dweller Ltd automatically reserves the right to contact the winner on their mobile number.
- The prize is as stated and no full cash or other alternatives are available. The prize can only be awarded to a person, other than the winner, with the prior written permission of Swell Dweller Ltd.
- Entries will only be accepted by Text. Text the word “LAPTOP” space, followed by your answer A, B or C to: 87248 from the UK. All entries must be complete to validate the entry. No responsibility will be accepted for entries which are incomplete, incorrectly completed or not received for whatever reason. No responsibility will be accepted by the promoter for any technical or other error that may arise with any entry.
- No purchase is necessary to enter and text entries cost £1.50 from the UK, plus your standard Network Rate. Number of entries per entrant is unlimited.
- Closing date for all entries: midnight on 28th February 2009.
- By entering the Competition, the winner agrees to participate in any reasonable publicity required.
- The name of the winner will be available on this Website or to anyone sending a stamped address envelope to “RESULTS”, Swell Dweller Ltd, 74 Barber Road, Crookesmoor, Sheffield S10 1EE between 6th March and 31st March 2009.
- Consumer data will not be used to send entrants ongoing news and offers.
- By entering this Competition all entrants will be deemed to have accepted to receive one text message following their text entry (there will not be a charge for a return message).
- Swell Dweller Ltd may withdraw this Competition where necessary if circumstances arise that are beyond its control.
- Winners will be randomly selected from text entrants answering the question correctly.
- The SMS is arranged via PremTel whose helpdesk can be contacted on 08709 770540
- Other Competition Rules
- Any person who is an employee or an immediate family member of an employee of Swell Dweller Ltd or any other person who is directly connected with the organisation of any particular competition is ineligible to participate.
- By entering the competition entrants will be deemed to have read and understood these rules and be bound by them.
- Competitions are only open to users of the Swell Dweller Sheffield website.
- Competitions are only open to UK residents, providing an address in the UK.
- Competition entrants must be aged 18 and over.
- There is no restriction on the number of times an eligible person may enter each competition.
- All decisions of Swell Dweller Ltd will be final and binding. No correspondence will be entered into.
- When the specified number of entries has been sold each competition will close. Answers will be entered automatically upon submission. No responsibility will be taken by Swell Dweller Ltd for any answers that are misdirected, lost for technical or other reasons or received after the closing date.
- Competition entrants have to answer the question correctly at the time of entering the competition to be entered into the random draw. Entrants not answering the question correctly are not eligible to win a prize.
- If for any reason an advertised prize is unavailable Swell Dweller Ltd reserves the right at its absolute discretion to substitute a similar prize of equivalent or similar value. None of the prizes may be exchanged or transferred and no cash alternative will be offered. Only one prize will be awarded per household. Please allow 28 days for delivery of all prizes.
- Due to the real time nature of the competitions, if an entry is received after the total number of entries for a competition has been sold, the entry will be placed into the subsequent competition for a similar prize of equivalent or similar value.
- The winner(s) name(s) will be selected in a random draw from all correct answers received. Winner(s) of prizes will be announced on Swell Dweller Sheffield’s website and/or notified within seven days after the winner(s) have been ascertained by e-mail, at the e-mail address supplied when entering the competition. Names of winners are available from Swell Dweller Ltd upon request.
- The random draw will be carried out by a partner from a firm of Chartered Accountants, whose details will be disclosed on the website before the first competition is announced.
- If the winner(s) of the prize cannot be traced after reasonable efforts have been made by Swell Dweller Ltd then Swell Dweller Ltd may dispose of the prize as it thinks fit without any liability to the winner(s) for having done so.
- Entry costs (where applicable) are as advertised. Entrants are liable for their costs to access telephone, mobile or computer networks.
- Where a car is a prize, this may include the Swell Dweller logo on the outside of the car. Where this applies the Swell Dweller logo must remain in situ on the car. If the Swell Dweller logo is removed from the car the prize winner(s) agree to pay £150.00 per month to Swell Dweller Ltd for up to 12 months from the date of receiving the prize, for every month the Swell Dweller logo does not appear on the car.
- Where a car is a prize, this includes 12 months road fund licence. All motor and any other insurance will be the responsibility of the prize winner(s) and not Swell Dweller Ltd.
- Where prizes are to be provided by a third party then the winner(s) will be required to complete all appropriate or applicable booking or other formalities direct with such provider. Swell Dweller Ltd will have no responsibility for the acts or defaults of any other persons.
- Swell Dweller Ltd reserves the absolute right to disqualify any entrant to any competition which it considers has used improper technical means to enter.
- Details provided by competition entrants will not be provided to third parties.
- Prizes Involving Travel: (a) All travel, holiday and health insurance shall be the responsibility of the prize winner(s) and not Swell Dweller Ltd. (b) Holidays include accommodation & travel as described. Travel connections, additional charges, exit taxes, etc. are the responsibility of prize winners and should be paid from the spending money given as part of prizes (c) Travel dates may be restricted to certain times of the year; (d) Unless otherwise stated, all travel and holiday prizes must be taken within one year of the date of the competition draw.
- During 2008 Swell Dweller Ltd will contribute 10% of competition ticket sales received to the Swell Dweller - Patients Bed-Head Interactive Education Systems Appeal, it is sponsoring for the Sheffield Children's Hospital (more details of this appeal can be found by following the "Sheffield Children's Hospital Charity" link at the top of each page on the Website).
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