THIRD-PARTY BUSINESS LISTING TERMS AND CONDITIONS

West Berkshire Family Life

Last Updated: 6 October 2025

1. INTRODUCTION AND ACCEPTANCE

These Business Listing Terms and Conditions ("Business Terms") govern the relationship between West Berkshire Family Life ("we", "us", "our", "WBFL") and businesses ("you", "your", "Business") that wish to be featured or listed on our website www.westberkshirefamilylife.com ("Website").

By applying for a listing, paying for a listing, or providing information for inclusion on our Website, you agree to be bound by these Business Terms.

2. ELIGIBILITY AND APPROVAL

2.1 Application Process

Businesses may apply for listing by:

• Submitting an application via our website

• Contacting us directly at hello@westberkshirefamilylife.com

• Responding to our invitation

2.2 Our Right to Accept or Refuse

We reserve the absolute right to:

• Accept or refuse any business listing application

• Remove any existing listing at any time

• Modify or edit listing content

• Change listing terms and conditions

We are not obligated to provide reasons for refusal or removal.

2.3 Eligibility Criteria

To be eligible for listing, your business must:

• Be legitimately operating and legally registered (where required)

• Be relevant to families in West Berkshire and surrounding areas

• Comply with all applicable laws and regulations

• Meet our quality and safety standards

• Be appropriate for a family audience

3. TYPES OF LISTINGS

3.1 Paid Listings

Businesses that pay for featured placement, enhanced visibility, or sponsored content.

3.2 Editorial Listings

Businesses selected by our editorial team for inclusion without payment.

3.3 Hybrid

Businesses may transition between paid and editorial status at our discretion.

3.4 Combined Packages

Businesses may purchase combined packages that include:

• Directory/advertising placement PLUS

• Participation in the Member Discount Programme

Combined Package Terms:

• All terms in Section 19 (Member Discount Programme) apply to the discount component

• Standard listing terms apply to the advertising component

• Pricing for combined packages is detailed in our media pack or at our discretion

• Both components run for agreed term (typically one year)

• Businesses must honour both advertising agreement and discount commitment

• Non-renewal of one component does not automatically cancel the other unless specified

4. LISTING FEES AND PAYMENT

4.1 Fee Structure

Fee structure and partnership options are detailed in our current media pack, available upon request at hello@westberkshirefamilylife.com.

• Fees are determined by listing type, placement, and duration

• Current pricing is provided in our media pack

• Fees are subject to change with 30 days' notice to existing clients

• All fees include VAT 

• 4.2 Payment Terms and Tax Compliance

• Payment must be made in advance unless otherwise agreed

• Payment accepted via bank transfer to details provided on invoice

• Invoices must be paid within 30 days of issue

• All invoices will comply with UK tax requirements and include:

  • Our business name and address

  • Unique invoice number and date

  • Your business name and address

  • Clear description of services provided

  • Total amount payable

  • Payment terms (30 days from invoice date)

  • Bank transfer details

• Businesses are responsible for their own tax obligations and reporting

• You must retain invoices for at least 6 years for HMRC compliance

• Late payment may result in listing suspension or removal

• Bank transfer details will be provided with each invoice

• Interest may be charged on overdue invoices in accordance with the Late Payment of Commercial Debts (Interest) Act 1998

Note: We are not currently VAT registered. Our invoices do not include VAT. If our VAT status changes, we will notify existing clients with 30 days' notice before VAT is applied to renewals.

4.2 No Refunds

Listing fees are generally non-refundable except in circumstances where:

• We terminate your listing without cause within the first 14 days

• As required by law

• At our sole discretion in exceptional circumstances

5. CONTENT AND MATERIALS

5.1 Information Provided by Business

You must provide:

• Accurate and current business information

• Lawful and appropriate images and content

• Correct contact details

• Current pricing and availability information

• Any required legal disclosures

5.2 License to Use

By providing content, you grant us a non-exclusive, worldwide, royalty-free licence to:

• Display your business information on our Website

• Use your business name, logo, and images

• Edit, modify, or adapt content for formatting

• Use content in marketing materials promoting our Website

• Share content across our digital platforms

5.3 Content Standards

All content must:

• Be accurate and not misleading

• Comply with UK advertising standards

• Be appropriate for family audiences

• Not infringe third-party rights

• Not contain offensive or harmful material

5.4 Our Editorial Rights

We reserve the right to:

• Edit content for length, clarity, or appropriateness

• Add contextual information or disclaimers

• Remove or modify content that violates standards

• Write our own descriptions or commentary

6. WHAT WE DO NOT GUARANTEE

6.1 No Guarantee of Results

We do NOT guarantee:

• Specific placement, ranking, or visibility

• Number of views, clicks, or impressions

• Leads, enquiries, bookings, or sales

• Positive reviews or endorsements

• Exclusive feature (competitors may be listed)

• Ongoing feature beyond agreed term

6.2 No Endorsement

Listing on our Website does NOT constitute:

• An endorsement or recommendation

• A guarantee of quality or safety

• Verification of all business claims

• Ongoing monitoring of business practices

7. BUSINESS REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

• You have authority to enter this agreement

• All information provided is accurate

• You hold necessary licences and permissions

• Your business complies with all applicable laws

• You have insurance appropriate to your business

• Content does not infringe third-party rights

8. BUSINESS RESPONSIBILITIES

8.1 Legal Compliance and Insurance

You must:

• Comply with all applicable laws and regulations

• Maintain necessary licences, permits, and certifications

• Follow health and safety requirements

• Comply with data protection laws

• Adhere to consumer protection regulations

Insurance Recommendation: While we do not mandate specific insurance requirements for all business types, we strongly recommend that businesses maintain appropriate insurance cover, including:

• Public liability insurance (especially for businesses providing services or events)

• Professional indemnity insurance (where applicable)

• Product liability insurance (for businesses selling products)

Businesses providing services directly involving children or vulnerable individuals should ensure they have adequate insurance and safeguarding measures in place.

You represent that you have assessed the risks associated with your business operations and have obtained appropriate insurance coverage for your activities.

8.2 Customer Relations

You are solely responsible for:

• All transactions with customers who find you via our Website

• Customer service and complaint handling

• Product/service quality and delivery

• Refunds and returns

• Any disputes with customers

8.3 Information Updates

You must promptly notify us of:

• Changes to business information

• Business closure or relocation

• Changes to services or pricing

• Any incidents affecting your listing suitability

9. PROHIBITED CONDUCT

Businesses must NOT:

• Provide false or misleading information

• Impersonate other businesses

• Engage in fraudulent activity

• Violate intellectual property rights

• Post inappropriate content

• Attempt to manipulate listings or rankings

• Disparage WBFL or other businesses

• Use listing for unlawful purposes

10. REMOVAL AND SUSPENSION

10.1 We May Remove Your Listing If:

• You breach these Business Terms

• Payment is not received within 30 days

• We receive credible complaints about your business

• Your business ceases trading

• We reasonably believe listing poses risk to users

• Legal or regulatory issues arise

• You request removal

10.2 Immediate Removal

We may remove listings immediately without notice for:

• Serious breaches of these terms

• Illegal activity

• Safety concerns

• Fraud or misrepresentation

• Urgent safeguarding issues

10.3 Notice and Right to Respond

For non-urgent removals:

• We will notify you of the issue or complaint

• You will have an opportunity to respond (typically 7 working days)

• We will consider your response before making a final decision

• Our decision regarding removal is final

For urgent removals (safety, legal, or serious breach):

• Listing may be removed immediately

• You will be notified of removal and reasons

• You may submit a response, but removal stands pending investigation

10.4 No Refund on Removal for Breach

If we remove your listing for breach of these terms, no refund is provided for the remaining contracted period.

11. LIABILITY AND INDEMNITY

11.1 Business Liability

You are solely liable for:

• All aspects of your business operations

• Services and products provided to customers

• Any injury, loss, or damage caused by your business

• Compliance with laws and regulations

• Accuracy of information provided

11.2 Indemnification

You agree to indemnify and hold harmless WBFL, its officers, employees, and agents from:

• Any claims arising from your business operations

• Claims related to your listing content

• Breach of these Business Terms

• Your violation of any laws or third-party rights

• Customer complaints or disputes

11.3 Our Liability Limitations

To the maximum extent permitted by law:

• We are not liable for business losses or lost profits

• Our liability is limited to fees paid by you in the preceding 12 months

• We exclude liability for indirect or consequential losses

• Nothing excludes our liability for death, personal injury, or fraud

12. INTELLECTUAL PROPERTY

12.1 Your IP

You retain ownership of your trademarks, logos, and content, subject to the licence granted in Section 5.2.

12.2 Our IP

WBFL owns all rights to:

• The Website design and functionality

• Our branding and trademarks

• Content we create (descriptions, articles, etc.)

• The compilation and arrangement of listings

12.3 Restrictions

You may not:

• Copy or reproduce our Website structure

• Use our branding without permission

• Scrape or harvest our content

• Create derivative works from our Website

13. DATA PROTECTION AND PRIVACY

13.1 Business Data

We process business contact information according to our Privacy Policy. This includes business name, contact details, trading address, and listing information. This data is processed on the lawful basis of contract performance and legitimate interests.

13.2 Data Sharing and Member Data

Critical - Member Data Protection:

• We do NOT share member personal data (names, emails, addresses, contact details) with businesses

• Members' personal information remains confidential

• If a member contacts your business directly or redeems an offer, you may collect their data directly from them

• Any member data you collect directly is between you and the member

• You must not request member lists, databases, or contact details from us

Data You May Receive:

• Anonymised, aggregated statistics about your listing performance (e.g., "50 views this month", "12 offer redemptions")

• These statistics cannot identify individual members

• Individual member contact only when they initiate contact with you

• Verification of membership status if a member presents a membership card/code

Data You Must NOT Request:

• Lists of all members

• Member email addresses or contact details

• Member personal information for marketing purposes

• Access to our member database

• Any personally identifiable information about members

Membership Verification Process:
When members redeem your exclusive offers, they will present a digital membership card containing:

• Member's name

• Unique membership number

• QR code for scanning

• Membership validity status

What You May Do:

• Scan or view the member's digital membership card

• Contact us at hello@westberkshirefamilylife.com to verify active membership status (we will confirm "active" or "inactive" only)

What You Must NOT Do:

• Request the member's email address, postal address, or phone number for membership verification purposes (members may voluntarily provide this for bookings/services, which is a separate matter)

• Share, sell, or use membership numbers for any purpose other than verifying eligibility for your discount

• Create databases of member information for marketing purposes

• Contact members directly using information from membership cards without their separate consent

• Retain member data longer than necessary for the transaction and your legal obligations

• Use member data in violation of UK GDPR

Verification Support:
If you need to verify a membership is valid:

• Email hello@westberkshirefamilylife.com with subject "Membership Verification"

• Provide the membership number shown on the card

• We will respond within 24 hours with confirmation of active status only (no personal details)

13.3 Your GDPR Obligations

As an independent data controller, you must:

• Have your own privacy policy compliant with UK GDPR

• Obtain necessary consents from individuals (including members who contact you)

• Handle all personal data securely and lawfully

• Respond to data subject access requests

• Report data breaches to the ICO where required

• Not use member data for purposes beyond the original transaction

• Delete or anonymise data when no longer needed

13.4 Data Processing Agreements

If we process any personal data on your behalf (which we typically do not), a separate Data Processing Agreement (DPA) must be executed. Standard listing services do not involve us processing data on your behalf.

13.5 Member Verification

You may verify a member's active membership status by:

• Requesting they show their membership confirmation email

• Asking them to provide their membership number

• Contacting us at hello@westberkshirefamilylife.com to verify (we will confirm active status only, no personal details)

We will only confirm: "Yes, this membership is active" or "No, this membership is not active." We will not provide any additional personal information.

13.6 Your Data Responsibilities

You acknowledge and agree that:

• You are solely responsible for your own data protection compliance

• You will not use our platform to collect member data inappropriately

• You will handle any member data you collect in compliance with UK GDPR

• Breach of data protection laws may result in immediate termination

• You indemnify us against any claims arising from your data processing activities

13.7 Data Retention

We retain your business data:

• For the duration of our business relationship

• For 6 years after termination for tax and legal compliance purposes

• Until you request deletion (subject to legal retention requirements)

You may request access to, correction of, or deletion of your business data by contacting our Data Protection Officer at hello@westberkshirefamilylife.com.

14. TERM AND TERMINATION

14.1 Listing Duration

Paid listings run for the agreed term (e.g., monthly, annually). Editorial listings may be featured indefinitely at our discretion.

14.2 Renewal

Paid listings require manual renewal. We will contact you prior to expiry to discuss renewal options. Listings expire at the end of the agreed term unless renewed.

14.3 Early Termination by Business (Break Clause)

We understand business circumstances change. If you need to exit your listing agreement before the contracted term ends:

Standard Early Exit Option: You may terminate early by providing:

• 60 days' written notice to hello@westberkshirefamilylife.com

• Payment of 50% of the remaining contract value

• Your listing remains active during the 60-day notice period

How It Works - Example:

• 12-month contract at £600 total

• After 4 months, you decide to exit

• 8 months remaining = £400

• Early exit fee = 50% of £400 = £200

• You pay £200, saving £200 compared to full contract

• Your listing stays active for 60 more days

Exceptional Circumstances: In cases of:

• Business closure or insolvency

• Serious financial hardship

• Other exceptional circumstances beyond your control

Please contact us to discuss your situation. We may waive or reduce the early exit fee at our sole discretion. We want to be fair and reasonable partners.

Notice Requirement: All early termination requests must be submitted in writing to hello@westberkshirefamilylife.com with:

• Business name and listing details

• Requested termination date (minimum 60 days from notice)

• Reason for early termination (optional but helps us improve)

14.4 Calculation of Early Exit Fee

The 50% early exit fee is calculated as:

1. Determine total remaining months of contract

2. Calculate remaining contract value (monthly rate × remaining months)

3. Apply 50% reduction

4. Invoice for 50% amount

Payment of the early exit fee is due within 14 days of invoice date. Your listing will be removed at the end of the 60-day notice period or upon payment of the exit fee, whichever is later.

14.5 Early Termination by Us

With Cause (Breach of Terms): We may terminate your listing immediately without refund if you:

• Breach these Business Terms

• Provide false or misleading information

• Fail to pay invoices within 30 days

• Receive credible complaints or safety concerns

• Engage in conduct that damages our reputation

Without Cause (Our Discretion): We may terminate your listing at any time for business reasons unrelated to your conduct. In such cases:

• We will provide 60 days' written notice (matching your notice period)

• We will provide a pro-rata refund for unused time

• You remain entitled to the notice period or immediate refund at our discretion

Example: If you have paid for 12 months and we terminate without cause after 6 months, you will receive a refund for the unused 6 months (or we may allow your listing to continue for the notice period).

Platform Changes: We reserve the right to modify, suspend, or discontinue our service. In such cases, we will provide reasonable notice and pro-rata refunds where appropriate.

14.6 Termination by Business

You may request listing removal at any time by emailing hello@westberkshirefamilylife.com. However, payment obligations for the contracted term remain (see Section 14.3 regarding early termination).

14.7 Effect of Termination

Upon termination:

• Your listing will be removed

• Our licence to use content terminates (except archival copies)

• Payment obligations for current term remain

• Indemnification obligations survive

15. CHANGES TO THESE TERMS

We may modify these Business Terms at any time. Material changes will be communicated via email with 30 days' notice. Continued use of listing services constitutes acceptance.

16. DISPUTE RESOLUTION

16.1 Informal Resolution

Before formal proceedings, parties agree to attempt informal resolution.

16.2 Governing Law

These Business Terms are governed by English law.

16.3 Jurisdiction

Disputes will be resolved in the courts of England and Wales.

17. GENERAL PROVISIONS

17.1 Entire Agreement

These Business Terms constitute the entire agreement regarding business listings, unless a separate written agreement exists.

17.2 Severability

If any provision is unenforceable, remaining provisions remain in effect.

17.3 No Partnership

No partnership, joint venture, or employment relationship exists between WBFL and listed businesses.

17.4 Assignment

Businesses may not assign these terms. We may assign our rights to a successor.

17.5 Waiver

Our failure to enforce any right does not waive that right.

18. COMPETITION AND EXCLUSIVITY

18.1 No Exclusivity

Unless specifically agreed in writing, we do not offer or require exclusivity:

• Businesses may advertise with competing family directories or platforms

• Businesses may offer similar or better discounts through other channels

• We may feature multiple businesses in the same category or sector

• Members are free to use competing services and platforms

18.2 Independent Pricing

All discount terms and pricing are set independently by each business. We do not:

• Coordinate pricing between competing businesses

• Dictate pricing structures or discount levels

• Require price parity with competitors or other platforms

• Share pricing information between competitors

18.3 Competition Act Compliance

Both parties agree to comply with the Competition Act 1998 and Competition and Markets Authority guidelines. Neither party will engage in anti-competitive practices including:

• Price-fixing or coordination with competitors

• Market sharing or allocation agreements

• Bid-rigging or collusion

• Abuse of dominant market position

18.4 Independent Business Decisions

Each business makes independent decisions about:

• Their own pricing and discount strategies

• Which platforms or directories to use

• Terms and conditions for their services

• Marketing and promotional activities

19. MEMBER DISCOUNT PROGRAMME (OPTIONAL)

19.1 Participation

Businesses may optionally participate in our Member Discount Programme, which features their exclusive offers on our membership benefits page.

19.2 Separate Agreement

Participation in the Member Discount Programme is a separate arrangement from general directory listings or advertising services. Terms of participation, including discount amounts and conditions, are agreed separately.

19.3 Annual Commitment

Businesses participating in the Member Discount Programme agree to:

• Honour the agreed member discount for a period of one year

• Renew participation annually if they wish to continue

• Provide reasonable notice if they do not wish to renew

19.4 Discount Terms

• Discount details (percentage, conditions, exclusions) are agreed in writing

• Businesses must honour discounts to valid members during the agreed period

• Businesses may set reasonable terms and conditions for discount redemption

• Discounts cannot be withdrawn during the agreed annual period except by mutual agreement

19.5 Verification

Members may be required to show proof of membership (membership card, email, or account verification) to redeem discounts. Businesses may verify membership status with us if needed.

19.6 Non-Renewal

If a business chooses not to renew their discount participation:

• They must provide at least 45 days' notice before the renewal date

• Their offer will be removed from the membership benefits page

• No refund is provided for the expired term

• They may continue with other advertising services if applicable

19.7 Our Rights

We reserve the right to:

• Remove businesses from the Member Discount Programme if they fail to honour discounts

• Adjust the membership benefits page layout and presentation

• Feature competing businesses offering similar discounts

• Use discount information in marketing materials

20. CONTACT INFORMATION

For questions about business listings:

Email: hello@westberkshirefamilylife.com

Website: www.westberkshirefamilylife.com

Postal Address: 101 Home Straight, Newbury, Berkshire RG14 7WU

ICO Registration Number: ZB939113

 

By proceeding with a business listing, you acknowledge that you have read, understood, and agree to these Business Listing Terms and Conditions.