Market Operator Registration

Please complete the form below to register as a market operator with The Market People.
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Login Information

Please keep a reminder of the information you enter here as you'll use this information to login to your control panel on this website every time you want to update your details, place or take bookings or simply connect with other market professionals.

Contact Information

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Professional Information

This information will form the basis of your public profile and will be viewable by other professionals and the general public, unless you specify otherwise. You will be able to update your business details at any time once your registration is complete.

Please tick if your Professional Information is the same as your Contact Information

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Do you provide market/event for third party or operate touring market/event? Yes No

Public Liability Insurance

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Casual Traders Terms & Conditions

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Terms & Conditions

Please indicate your understanding and acceptance of the Terms & Conditions shown.

The Market People Operator Terms & Conditions

			1.	Introduction
1.1	This agreement ("Agreement") is entered into between THE MARKET PEOPLE LIMITED, a company registered in England and Wales (company registration number  0800439) whose registered office is at 5 Bridge Street, Nailsworth, Stroud, Gloucestershire GL6 0AA ("TMP") and you, a user of the website at www.themarketpeople.com (the "Website"), referred to in this Agreement as the "Operator".  In this Agreement, TMP and the Operator are referred to individually as a "Party" and together as the "Parties".
1.2	The Website is a platform for use by Traders and Operators, designed to facilitate the promotion and management of Locations and Events by Operators and the making of applications for / granting of permits to Traders to trade at such Locations and Events. 
1.3	This Agreement sets out the terms and conditions on which TMP agrees to make available and the Operator agrees to access and use the Website.
2.	Definitions
In this Agreement, the following terms will have the following meanings:
"Confidential Information" means any information, including, without limitation, the terms of this Agreement, which has been or is disclosed by one Party (the "Discloser") to the other (the "Recipient") in connection with this Agreement, however such information is disclosed, including, without limitation, in writing, orally or electronically; 
"Effective Date" means the date on which this Agreement is entered into;
"Events" means events attended by the public at which trading activities take place (or are to take place); 
"Intellectual Property Rights" means all copyright and related rights, patents, rights to inventions, utility models, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, broadcast rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world; 
"Locations" means locations accessible to members of the public at which trading activities take place (or are to take place);
"Operators" means owners and operators (which may include local councils, individual landowners or landlords or corporate entities) of Locations and / or Events;
"Operator Data" means all data or other information the Operator (or TMP on the Operator's behalf) inputs or otherwise contributes to the Website; 
"Services" means the services described in Clause 4.1 below; 
"Terms of Use" means the Terms of Use set out on the Website, as amended from time to time; and 
"Traders" means persons wishing to conduct trading or other activities in a space accessible to the public and managed by an Operator.
3.	The relationship between the Operator and TMP
3.1	By clicking the "I have read and agree to the Terms and Conditions" checkbox to register as an Operator and create an account on the Website, the Operator accepts this Agreement and enters into a legally binding contract with TMP.
3.2	TMP may, at TMP's sole discretion, modify or replace this Agreement at any time.  It is the Operator's responsibility to check this Agreement periodically for changes.  The Operator's continued use of the Website following the posting of any changes to this Agreement and / or, when prompted, by clicking the "I have read and agree to the Terms and Conditions" checkbox on the Website, constitutes the Operator's acceptance of such changes.  If the Operator does not agree to such changes, the Operator should stop using the Services.
3.3	The Trader acknowledges and agrees that it is also bound and shall remain bound throughout the Term of this Agreement by the Terms of Use http://www.themarketpeople.com/tos.html. 
3.4	Other than as set out in Clause 3.3 above, this Agreement sets out the entire agreement between the Parties and supersedes all previous agreements or representations in relation to its subject matter.  Each Party agrees that: (i) in entering into this Agreement, it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this Agreement; and (ii) subject to Clause 10.4, its only liability in respect of those representations and warranties that are set out in this Agreement (whether made innocently or negligently) shall be for breach of contract.
			4.	The Services
4.1	Subject to the Operator's compliance with the terms and conditions of this Agreement, TMP shall provide the Operator with access to the Website to enable the Operator to:
(a)	make information relating to the Operator and its Locations and / or Events available to the Traders; 
(b)	view details of and interact with Traders; and
(c)	grant permission to Traders to use allocated space at Locations and / or Events for the Trader's trading purposes.
4.2	Subject to the Operator's compliance with this Agreement, TMP grants the Operator a non exclusive, non-transferable, non-sublicensable right to access and use the Website for the purposes of: 
(a)	inputting, retrieving, generating and storing information and data about Locations and / or Events; 
(b)	viewing details of Traders; 
(c)	managing and responding to applications from Traders, submitted using the Website, for permission to use allocated space at the Locations and / or Events; and 
(d)	interacting with Traders in connection with the Trader's activities at the Locations and / or Events,
for the Operator's internal business and / or other internal use only.  
4.3	TMP reserves the right at any time to modify or temporarily suspend access to the Website (or any part of the Website) for any reason with or without notice. The Operator agrees that TMP shall not be liable to the Operator or to any third party for any loss caused by modification or suspension of access to the Website.
5.	The Operator's obligations and warranties
5.1	The Operator acknowledges and agrees that the Operator will not use the Website for any purpose other than that set out in Clause 4 above, or as otherwise specifically permitted by TMP. 
5.2	The Operator warrants and represents that:
(a)	the Operator is fully authorised and will remain fully authorised during the term of this Agreement to conduct and manage trading activities, and to permit others to conduct trading activities, in the Locations and / or at the Events; and
(b)	throughout the term of this Agreement, the Operator shall comply with all applicable laws, regulations, rules and other requirements, including the requirements of any trade association or other similar body of which the Operator is a member. 
6.	Account and password security
6.1	TMP will provide access to the Website using a username and password system.  The Operator must ensure that the Operator has appropriate security measures in place to ensure that:
(a)	each username and password is used only as allocated by TMP; and
(b)	the security and confidentiality of usernames and passwords are maintained at all times and not disclosed by their respective individual users, whether to other individuals within the Operator's organisation, or to any third parties.
6.2	The Operator agrees not to do or attempt to allow any individual to access and / or use any portion of password-protected sections of the Website except employees of the Operator who are authorised to use the Website and to whom TMP has allocated usernames and passwords. 
6.3	The Operator shall not leave any Website session unattended and shall be responsible for all use that occurs under the Operator's account, regardless of whether any such use is by the Operator or by unauthorised third parties.  
6.4	The Operator agrees to immediately notify TMP of any unauthorised use of the Operator's account or of any other breach of security. TMP cannot and will not be liable for any loss, damage or other liability arising from the Operator's failure to comply with this Clause 6 or from any unauthorised access to or use of the Operator's account.
7.	Fees 
7.1	The fees payable by the Operator to TMP in respect of the Services are variable according to usage. The figures are stated exclusive of value added and any other tax. Such fees shall be due and payable in annually in advance.
7.2	The Operator will pay each valid invoice within 30 days of the date of such invoice, failing which TMP shall be entitled to charge interest (accruing daily and compounded quarterly) on the overdue amount, payable immediately on demand, from the due date to the date of actual payment, at the rate of 2% per annum above base rate of HSBC Bank plc from time to time.
			8.	Traders, Locations and Events
8.1	While the Website may allow the Operator to upload the Operator's contractual terms for Traders applying to use Locations and / or Events managed by the Operator, the Operator acknowledges and agrees that TMP will not be a party to, and will have no liability to the Operator, Trader or any other person in respect of, such terms.
8.2	TMP reserves the right, at TMP's reasonable discretion, to prohibit the posting of or, if already posted, to remove, details of any Events and / or Locations which are or may be reasonably considered to be unlawful, discriminatory, threatening, harassing, defamatory, obscene, libellous or in any way harmful to the interests or reputation of TMP or other users of the Website. 
9.	Term and termination
9.1	This Agreement shall continue in force for one year, unless earlier terminated in accordance with its terms. 
9.2	Other than as set out in Clause 9.4, the Operator may not terminate this Agreement unless:
(a)	the Operator notifies TMP of its intention to do so within 14 days of the Effective Date; and 
(b)	the Operator has not yet posted any details of any Events or Locations on the Website, 
in which case the Operator may terminate this Agreement immediately on giving written notice to TMP and TMP shall repay any Fees already paid to TMP by the Operator.
9.3	TMP may terminate this Agreement:
(a)	immediately on giving written notice to the Operator in the event that the Operator:
(i)	engages in unlawful activity or if TMP reasonably believes that any activities of the Operator are likely to damage or be harmful in any way to the reputation of TMP or its business or to any other users of the Website;
(ii)	is in breach of any of the terms of this Agreement and / or the Terms of Use and such breach is incapable of being remedied;
(iii)	is in breach of any of the terms of this Agreement and / or the Terms of Use and, the breach being remediable, the Operator fails to remedy the breach within 30 days from the date of a written request from TMP to do so; and / or
(iv)	is subject to any insolvency or bankruptcy proceedings or goes into liquidation, administration or receivership or ceases to do business or becomes unable to pay its debts as they fall due within the meaning of s.123 Insolvency Act 1986; or
(b)	immediately on giving written notice to the Operator if reasonably required to do so by a licensing authority, local authority or trading standards authority or any other such body or if TMP reasonably believes that such a body would have reasonable grounds for making such request; or 
(c)	without cause, at its discretion, upon no less than 30 days' written notice. 
9.4	On the first anniversary of the Effective Date, and on every subsequent anniversary of the Effective Date, the Agreement will automatically renew, unless either Party notifies the other Party otherwise, in writing, no less than 14 days prior to that date. 
9.5	Termination or expiry of this Agreement will not affect TMP's or the Operator's accrued rights and remedies.
9.6	On termination or expiry of this Agreement:
(a)	all rights granted to the Operator under this Agreement, including, without limitation, the Operator's right to use the Website under Clause 4.1, will immediately cease; 
(b)	TMP shall have no obligations to the Operator in relation to any data, including, without limitation, Operator Data or the Services (including, without limitation, any obligation to host, maintain or archive any such data for the Operator); and 
(c)	the Operator agrees immediately to cease using the Website as an Operator and to limit its use to that permitted in the Terms of Use.
9.7	Clauses 2, 3, 4, 5.1, 6.2, 6.3, 7, 8, 9, 10, 11 and 12 will survive the expiry or termination of this Agreement.
9.8	For the avoidance of doubt, save as expressly provided or notified by TMP to the Operator, termination of these Operator Terms shall not operate to terminate the Terms of Use, which shall remain in full force and effect.
			10.1	It is the Operator's responsibility to ensure that the Website is suitable for the Operator's purposes.  TMP accepts no liability as to the suitability or fitness of the Website in meeting the Operator's needs and TMP excludes to the fullest extent permissible by law all warranties, representations, conditions or terms which may be implied.  Save as expressly provided in this Agreement, the Services are provided to the Operator on an "as is" basis and TMP disclaims and does not accept any liability to the Operator in respect of them or otherwise.  The Operator also acknowledges and agrees that the operation of the Website is dependent upon the quality of the data which is input to the Website and the proper and effective functioning of the internet and other third party equipment and services, and that TMP does not guarantee and will not be liable for these in any way. 
10.2	TMP accepts no responsibility or liability for the content or accuracy of any materials posted to the Website by the Operator or any third party including other Operators, Traders or any other users of the Website. 
10.3	TMP accepts no responsibility or liability in relation to any Events or Locations or any activity by Traders or Operators at any such Events or Locations.  To the extent that the Operator wishes to make a claim in relation to any Event or Location, the Operator acknowledges that the Operator shall not bring such a claim against TMP. The Operator acknowledges that liability for any losses, damages or other claims arising out of or in connection with the Operator's Event(s) and / or Location(s) shall lie with the Operator and / or any Traders and / or third parties responsible for such losses, damages or other claims, and not with TMP.
10.4	Notwithstanding Clause 10.1, 10.2 or 10.3 above, TMP accepts liability for:
(a)	death or personal injury caused by TMP's negligence, or that of TMP's employees acting in the course of their employment; 
(b)	any fraudulent pre-contractual misrepresentations made by TMP upon which the Operator can be shown to have relied; and
(c)	any other liability which by law TMP cannot exclude.
10.5	Subject to Clauses 10.4 and 10.6, neither Party shall be liable to the other for any special, indirect or consequential losses or damages, or any loss of data, profits, earnings, revenues, business or goodwill.
10.6	The Operator will be liable for and will indemnify and keep TMP (together with TMP's employees, directors, sub-contractors and agents) indemnified from and against any and all claims, demands, proceedings, costs, charges, damages, loss and liability whatsoever incurred or suffered by TMP whether direct, indirect or consequential (including without limitation any economic loss or other loss of data, profits, revenues, business or goodwill) arising out of any dispute, claims or proceedings brought against TMP which relate to:
(a)	the Operator's use of the Website otherwise than in accordance with the terms of this Agreement;
(b)	the infringement by the Operator, by any user authorised or purportedly authorised by the Operator to use the Website, or by any user of the Operator's account, of:
(i)	any applicable laws;
(ii)	any Intellectual Property Rights of TMP or any third party; or
(iii)	TMP's rights in TMP's Confidential Information; 
(c)	any claim arising out of or relating to the Operator's contract(s) with Traders applying to use Locations and / or Events managed by the Operator, as described in Clause 8.1; or
(d)	any claim by a Trader or other third party arising out of or relating to an Operator's Location and / or Event.
10.7	Subject to Clause 10.4, TMP's total aggregate liability to the Operator under this Agreement shall not exceed ?1,000.
			11.	Data protection
11.1	In this Clause 11, the terms "data controller", "data processor" and "personal data" will have the meanings given to them in European Union Directive 95/46/EC.  
11.2	Save for registration data and / or other data provided by the Operator for TMP's own use, to the extent that TMP processes personal data in the course of making the Services available to the Operator, or otherwise pursuant to this Agreement ("Data"), TMP will do so only as a data processor acting on behalf of the Operator (as the data controller) and in accordance with the Operator's instructions. 
11.3	The Operator will at all times comply in full with the requirements of any applicable privacy and data protection laws (including, where applicable, European Union Directives 95/46/EC and 2002/58/EC and any national implementation(s) of them) to which the Operator is subject as a data controller ("Applicable Privacy Law").  
11.4	TMP will process Data in accordance with the Operator's lawful instructions under Applicable Privacy Law and will not: (i) assume any responsibility for determining the purposes for which and the manner in which the Data is processed or (ii) process the Data for TMP's own purposes. 
11.5	TMP will at all times: (i) process Data only for the purpose of making the Services available and in accordance with the Operator's lawful instructions; and (ii) not divulge the whole or any part of the Data to any person, except to the extent necessary for the proper performance of this Agreement or otherwise in accordance with the Operator's lawful instructions.  The Operator agrees that TMP may process the Data to create and compile aggregated data and / or statistics about the Services to provide to TMP's Operators, potential operators and the general public, provided that such aggregated data and statistics will not enable any living individual to be identified. 
11.6	TMP will have in place and maintain throughout the term of this Agreement appropriate technical and organisational measures against accidental or unauthorised destruction, loss, alteration or disclosure of the Data, and adequate security programs and procedures to ensure that unauthorised persons will not have access to any equipment used to process the Data.  
11.7	The Operator authorises TMP to sub-contract processing of Data under this Agreement to a third party provided that: (i) TMP provides the Operator with reasonable prior notice of any such sub-contracting; (ii) TMP flows down in full TMP's obligations to protect the Data under this Clause to any sub-contractor TMP appoints, such that the data processing terms of the sub-contract are no less onerous than the data processing terms set out in this Clause; and (iii) TMP will remain fully liable to the Operator for the acts, errors and omissions of any sub-contractor TMP appoints to process the Data.
11.8	TMP will at all times provide an adequate level of protection for Data that TMP processes on behalf of the Operator in accordance with the requirements of European Union Directive 95/46/EC. 
11.9	TMP will provide all assistance reasonably required by the Operator (at the Operator's expense) to enable the Operator to respond to, comply with or otherwise resolve any request, question or complaint received by the Operator from (i) any living individual whose Data is processed by TMP on behalf of the Operator or (ii) any applicable data protection authority. 
12.	Governing law, jurisdiction and validity
12.1	This Agreement will be governed by and construed in accordance with English law and the Parties agree to submit to the exclusive jurisdiction of the English courts.
12.2	If any part of this Agreement is held by a court to be invalid, unenforceable or illegal, the Parties agree that the remainder of this Agreement shall stand.

I have read and agree to the Terms and Conditions

The Market People Terms of Use

            1.	Introduction
1.1	This agreement ("Agreement") is entered into between THE MARKET PEOPLE LIMITED, a company registered in England and Wales (company registration number  0800439) whose registered office is at 5 Bridge Street, Nailsworth, Stroud, Gloucestershire GL6 0AA ("TMP") and you, a user of the website at www.themarketpeople.com (the "Website"), referred to in this Agreement as the "you" or the "User".  In this Agreement, TMP and the User are referred to individually as a "Party" and together as the "Parties".
1.2	This Agreement sets out the terms and conditions on which TMP agrees to make available and you agree to access and use the Website.
2.	Definitions
In this Agreement, the following terms will have the following meanings:
"Confidential Information" means any information, including, without limitation, the terms of this Agreement, which has been or is disclosed by one Party (the "Discloser") to the other (the "Recipient") in connection with this Agreement, however such information is disclosed, including, without limitation, in writing, orally or electronically; 
"Intellectual Property Rights" means all copyright and related rights, patents, rights to inventions, utility models, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, broadcast rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world; and
"User Data" means all data or other information the User (or TMP on the User's behalf) inputs or otherwise contributes to the Website.
3.	The relationship between the User and TMP
3.1	By accessing and / or using the Website, or clicking on the "I accept" button to signify your acceptance of this Agreement, you accept the terms of this Agreement and enter into a legally binding contract with TMP.  If you do not agree to these terms, you should not use the Website.
3.2	TMP may, at its sole discretion, modify or replace this Agreement at any time.  It is your responsibility to check this Agreement periodically for changes.  Your continued use of the Website following the posting of any changes to this Agreement and / or, when prompted, by clicking the "I accept" button on the Website, constitutes your acceptance of such changes.  If you do not agree to such changes, you should stop using the Website.
3.3	This Agreement sets out the entire agreement between the Parties and supersedes all previous agreements or representations in relation to its subject matter.  Each Party agrees that: (i) in entering into this Agreement, it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this Agreement; and (ii) subject to Clause 8.3, its only liability in respect of those representations and warranties that are set out in this Agreement (whether made innocently or negligently) shall be for breach of contract. 
3.4	If you wish to register with TMP, as either a trader or an operator, you shall enter into a separate contract with TMP, into which these terms shall be incorporated. 
4.	The Website 
4.1	TMP reserves the right at any time to modify or temporarily suspend access to the Website (or any part of the Website) for any reason with or without notice. You agree that TMP shall not be liable to you or to any third party for any loss caused by modification or suspension of access to the Website.
4.2	Subject to your compliance with the terms and conditions of this Agreement, TMP grants you a non exclusive, non-transferable, non-sublicensable right to access and use the Website for your individual use only.
4.3	You agree not to do or attempt to do any of the following:
(a)	copy, modify, adapt, publish, distribute, make available, enhance or translate the Website or any part of the Website;
(b)	sublicense your rights to use the Website or grant or purport to grant to any other third party any right in or to the Website; 
(c)	decompile or disassemble any portion of the Website or its components unless: (1) Section 50B of the Copyright, Designs and Patents Act 1988 or other applicable law confers on you any right to decompile or disassemble any portion of the Website or its components; and (2) prior to such actual or attempted disassembly or decompilation, you have notified TMP in writing that you require such information as is necessary to permit you to create an independent program which can be operated with any portion of the Website or the components of the Website and TMP has not provided such information within one month of your written request; and (3) the information so obtained is not used for any other purpose;
(d)	interfere with or disrupt the operation of the Website or access to it;
(e)	restrict or inhibit the ability of any other person to access or use the Website;
(f)	remove, obscure or modify any copyright, trade mark, or other proprietary rights notice from the Website;
(g)	create a database by systematically downloading and storing all or any part of the Website; 
(h)	use any robot, spider, search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine," or in any way gather or reproduce the Website or circumvent the navigational structure or presentation of the Website; and / or
(i)	use the Website or access to it for any purpose, and / or to upload any content or data, which:
(i)	is unlawful, harmful, threatening, harassing, defamatory, obscene, libellous, invasive of another's privacy, or infringes upon another person or entity's rights, such as another person or entity's Intellectual Property Rights;
(ii)	involves the transmission or other making available of any computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment (including, without limitation, any virus, worm, Trojan horse, Easter egg, time bomb or spyware); and / or
(iii)	involves the impersonation of any person or entity, falsely stating or otherwise misrepresenting an affiliation with any person or entity, or expressing or implying that TMP endorses any statement you make.
			5.	Ownership
5.1	You warrant, represent and undertake that:
(a)	you own or have a valid licence to use, and will for the duration of this Agreement own or have a valid licence to use, any and all User Data that you input or otherwise contribute to the Website, and that such use will not infringe the rights of any third party; and
(b)	all such User Data is, and will throughout the duration of this Agreement be, true, accurate and up to date.
5.2	The Parties further confirm and agree that:
(a)	you and / or your licensors own all User Data; and
(b)	TMP owns and / or TMP's licensors own, and will at all times own, the Website and all Intellectual Property Rights in the Website.  Save with respect to User Data, TMP owns and / or TMP's licensors own all information and other data included in or accessed by means of the Website, or which is generated on it, and all Intellectual Property Rights in such information and other data.
5.3	You hereby grant TMP a worldwide, non exclusive, transferable, sublicensable, perpetual, royalty-free, fully paid-up licence during and after the term of this Agreement to copy, modify, distribute, publish, make available or otherwise use the User Data for any purposes relating to TMP's objectives.
5.4	Except as otherwise granted in this Agreement, you have no other rights to use the Website or any of TMP's Intellectual Property Rights.
6.	Linking to and from third party website(s)
6.1	From time to time, the Website may include links to third party websites. These links are provided for your convenience only and do not signify that TMP endorses such third party websites.
6.2	TMP does not review such third party websites and you acknowledge and agree that:
(a)	TMP is not responsible for such websites, including the terms on which such websites are made available and the privacy policies of such websites, and does not control their content or availability;
(b)	TMP makes no representation, warranty or condition, either express or implied, in relation to any goods or services or information received from such websites; and
(c)	if you access any such websites, you do so entirely at your own risk.
6.3	You may include links to the Website on another website providing you acknowledge and agree the following:
(a)	TMP is not liable to you for any loss you suffer as a result of such links;
(b)	TMP does not promise that the Website will be continuously available (and therefore such links may not always work);
(c)	you will not insert such links on any website which contains any content which is illegal, infringes any rights, such as the Intellectual Property Rights, of any third party or contains any adult content;
(d)	TMP's consent to such links does not constitute any grant of any rights in the Website to you or any third party; and
(e)	TMP reserves the right to object to any such links and require you to remove them.
7.	Term and termination
7.1	This Agreement shall continue in force until terminated in accordance with its terms. 
7.2	You may stop using the Website at any time.
7.3	TMP may terminate this Agreement immediately in the event that you are in breach of any of the terms of this Agreement.
7.4	Termination or expiry of this Agreement will not affect TMP's or your accrued rights and remedies.
7.5	On termination or expiry of this Agreement:
(a)	all rights granted to you under this Agreement, including, without limitation, your right to use the Website under Clause 4.2, will immediately cease; 
(b)	TMP shall have no obligations to you in relation to any data, including, without limitation, User Data or the Website (including, without limitation, any obligation to host, maintain or archive any such data for you); and 
(c)	you agree immediately to cease use of the Website.
7.6	Clauses 2, 3, 4.3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 0 and 15 will survive the expiry or termination of this Agreement.
			8.	Liability
8.1	It is your responsibility to ensure that the Website is suitable for your purposes.  TMP accepts no liability as to the suitability or fitness of the Website in meeting your needs and TMP excludes to the fullest extent permissible by law all warranties, representations, conditions or terms which may be implied.  Save as expressly provided in this Agreement, the Website is provided to you on an "as is" basis and TMP disclaims and does not accept any liability to you in respect of the Website or otherwise.  You also acknowledge and agree that the operation of the Website is dependent upon the quality of the data which is input to it and the proper and effective functioning of the internet and other third party equipment and services, and that TMP does not guarantee and will not be liable for these in any way. 
8.2	TMP accepts no responsibility or liability for the content or accuracy of any materials posted to the Website by you or any third party including traders, operators or any other Users of the Website. 
8.3	Notwithstanding Clause 8.1 or 8.2 above, TMP accepts liability for:
(a)	death or personal injury caused by TMP's negligence, or that of TMP's employees acting in the course of their employment; 
(b)	any fraudulent pre-contractual misrepresentations made by TMP upon which you can be shown to have relied; and
(c)	any other liability which by law TMP cannot exclude.
8.4	Subject to Clauses 8.3 and 8.5, neither Party shall be liable to the other for any special, indirect or consequential losses or damages, or any loss of data, profits, earnings, revenues, business or goodwill.
8.5	You will be liable for and will indemnify and keep TMP (together with TMP's employees, directors, sub-contractors and agents) indemnified from and against any and all claims, demands, proceedings, costs, charges, damages, loss and liability whatsoever incurred or suffered by TMP whether direct, indirect or consequential (including without limitation any economic loss or other loss of data, profits, revenues, business or goodwill) arising out of any dispute, claims or proceedings brought against TMP which relate to:
(a)	your use of the Website otherwise than in accordance with the terms of this Agreement; and
(b)	the infringement by you or any user authorised or purportedly authorised by you to use the Website of:
(i)	any applicable laws;
(ii)	any Intellectual Property Rights of TMP or any third party; or
(iii)	TMP's rights in its Confidential Information.
8.6	Subject to Clause 8.3, TMP's total aggregate liability to you under this Agreement shall not exceed ?1,000.
9.	Confidentiality
9.1	Each of the Parties (as Recipient) shall ensure that all Confidential Information is:
(a)	kept secure and confidential and disclosed to the Recipient's staff, professional advisers and contractors on a ?need to know? basis only; and
(b)	not disclosed to any other person outside the Recipient's organisation without the prior written agreement of the Discloser, except that:
(i)	TMP may make written or other announcements, and include written or other information in TMP's marketing materials, referring to the existence of (but, for the avoidance of doubt, not the terms of) this Agreement and TMP's commercial relationship with you; and
(ii)	TMP may disclose your Confidential Information to any of TMP's sub-contractors to the extent necessary to enable TMP to provide the services to you under this Agreement.
9.2	Each of the Parties (as Recipient) agrees that it will only disclose Confidential Information to persons who are subject to obligations of confidentiality, in relation to such Confidential Information, which are no less onerous than the obligations of confidentiality to which the Recipient is subject under this Agreement.
9.3	Nothing in this Agreement shall prevent the Recipient from disclosing Confidential Information which:
(a)	was previously known to the Recipient without obligation of confidence;
(b)	was independently developed by or for the Recipient;
(c)	was acquired by the Recipient from a third party which was not under an obligation of confidence with respect to such information;
(d)	is or becomes publicly available through no breach of this Agreement; or
(e)	the Recipient is required to disclose by order of a court or by a government body or agency.
10.	Assignment and sub-contracting
10.1	You shall not be entitled to assign, transfer or novate your rights and / or obligations under this Agreement without TMP's prior written consent.  You agree that TMP may, without the requirement for further written consent, assign, transfer or novate this Agreement and any of TMP's rights and obligations under this Agreement to any member of TMP's corporate group and / or to a purchaser of all or substantially all of TMP's business or assets but that TMP may not otherwise assign, transfer or novate this Agreement or any of its rights and obligations under it without your prior written consent.
10.2	You agree that TMP may, without the requirement for further written consent, sub-contract any of TMP's obligations under this Agreement to a third party supplier, providing always that such sub-contracting will not relieve TMP of such obligations to you.
			11.	Amendment and waiver
11.1	Any changes to this Agreement will only take effect if agreed in writing by both Parties.
11.2	The waiver (which must be in writing) on a particular occasion by either Party of any rights under this Agreement does not imply that other rights are waived.
12.	Notices
All notices which either Party is required to give to the other under this Agreement shall be in writing and shall be sent to the address for the other Party given in this Agreement, or such alternative address as such other Party may have provided to the notifying Party in writing from time to time.
13.	Third parties
A person who is not a Party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce or enjoy the benefit of any term of this Agreement.
14.	Privacy
The Parties agree to comply with TMP's Privacy Policy, a copy of which is available at http://www.themarketpeople.com/privpol.html and which is hereby incorporated by reference into this Agreement.
15.	Governing law, jurisdiction and validity
15.1	This Agreement will be governed by and construed in accordance with English law and the Parties agree to submit to the exclusive jurisdiction of the English courts.
15.2	If any part of this Agreement is held by a court to be invalid, unenforceable or illegal, the Parties agree that the remainder of this Agreement shall stand.

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