DATED: 21st July 08

IMPORTANT LEGAL NOTICE

ATTENTION: THIS LEGAL NOTICE APPLIES TO THE ENTIRE CONTENTS OF THIS WEBSITE UNDER THE DOMAIN NAME WWW.THELANDSCAPELINK.CO.UK ("WEBSITE"), TO ANY CORRESPONDENCE BY E-MAIL BETWEEN US AND YOU AND TO ANY APPLICATION FOR A LISTING IN THE DIRECTORY ON THIS WEBSITE ("THE LANDSCAPING DIRECTORY") AND ANY CONTRACT BETWEEN US AND YOU WHICH RESULTS FROM SUCH APPLICATION. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE. THIS NOTICE IS ISSUED BY THE LANDSCAPE LINK LIMITED ("THE COMPANY"," US") WHOSE REGISTERED OFFICE IS AT BLACKBURN HOUSE, 32A CROUCH STREET, COLCHESTER, ESSEX CO3 3HH.

1. Introduction

1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.

1.2 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.

1.3 The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages of this Website.

1.4 The search facility provided in connection with the Landscaping Directory operates by way of postcode so that if you search for a supplier or service provider based in a particular location you will receive results for all of the relevant suppliers or service providers which have as their listed address the postcode prefix for that location (e.g. if you select "Colchester" from the area search pop down menu, you will be provided with all the relevant suppliers or service providers with the postcode prefix "CO"). You may also be provided with national suppliers and service providers, in which case such suppliers or service providers will be flagged as national suppliers or service providers when the results are displayed on this Website.

2. Licence

2.1 Subject to paragraph 2.2 below, you are permitted to print and download extracts from this Website on the following basis:

2.1.1 no documents or related graphics on this Website are modified in any way;

2.1.2 no graphics on this Website are used separately from accompanying text; and

2.1.3 the Company's copyright notice and this permission notice appear in all copies.

2.2 You shall not be entitled to print, download or otherwise reproduce any of the images contained in the Inspiration Images pages without the Company's express consent.

2.3 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraphs 2.1 and 2.2 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

2.4 Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.

2.5 Any rights not expressly granted in these terms are reserved.

3. Service access

3.1 While the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company will not be liable if for any reason this Website is unavailable at any time or for any period.

3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.

4. Visitor material and conduct

4.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. The Company will have no obligations with respect to such material. The Company and its designees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

4.2 You are prohibited from posting or transmitting to or from this Website any material:

4.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

4.2.2 for which you have not obtained all necessary licences and/or approvals;

4.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or

4.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

4.3 You may not misuse the Website (including, without limitation, by hacking).

4.4 The Company will fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraphs 4.2 or 4.3.

4.5 You shall not be permitted to use any automated query tools to search this Website.

5. Registration

5.1 If you want to advertise in the Landscaping Directory, you will be required to register on this Website.

5.2 Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.

5.3 Responsibility for the security of any passwords issued rests with you. If you forget your password you can request a reminder to be sent to your e-mail address via this Website.

6. Listings

6.1 If you would like to advertise in the Landscaping Directory the Company offers three types of listing:
Basic Listing - Free
Premium Listing - £100.00
B2B listing - £150.00

6.2 The Company is not registered for VAT and no VAT is payable on the above charges.

6.3 Your chosen type of listing will determine the number of categories you can appear in as follows:

6.3.1 a Basic Listing will allow you to appear in one relevant category;

6.3.2 a Premium Listing will allow you to appear in multiple relevant categories for a specific geographical location and your listing will only be displayed in the results of searches of the postcode prefix for that location.

6.4 You shall only be entitled to one Basic Listing. If you have purchased a Basic Listing and would like to appear in more that one relevant category you will be required to upgrade to a Premium Listing. If you attempt to purchase another Basic Listing your application will be refused by the Company.

6.5 You are only entitled to select a B2B Listing if you mainly deal with other businesses, which means that the majority of the services you provide, or the goods you sell, must be to other businesses and not to the general public. A B2B Listing appears on its own page and there is therefore no need to select any categories.

6.6 The Company shall only accept applications for listings from businesses based in the United Kingdom of Great Britain and Northern Ireland and the Channel Islands and shall be entitled to reject any applications from business based in any other country including the Republic of Ireland.

7. Listing categories

7.1 You must choose categories that are relevant to your primary business activity.

7.2 The Company is entitled, at its sole discretion, to move your listing from any of the categories you select to any alternative category in order to ensure that the Landscaping Directory is accurate.

7.3 If there is no category relevant to your business the Company will determine whether there is sufficient demand for a new category and then shall be entitled, at its sole discretion, to:

7.3.1 create such a new category; or

7.3.2 decline your request for a listing.

8. Payment, activation and cancellation

8.1 Once you have applied for a listing on this Website, unless you have chosen a Basic Listing, you will be:

8.1.1 provided with a summary of the type of listing and categories that you have selected; and

8.1.2 given the choice to pay the relevant charges for your choice of listing by cheque or BACS transfer, in which case the Company will send you an invoice by post within seven working days, or by credit or debit card, in which case the transaction will be processed securely by PayPal and you should direct any payment queries to them.

8.2 Once you have chosen how you wish to pay in accordance with paragraph 8.1.2 above, you will be provided with a confirmation of your purchase and then sent an automated e-mail setting out all the information you have provided to the Company.

8.3 If you decide to pay by cheque or BACS transfer you shall pay the charges set out in the invoice within 30 days of the Company's invoice. Your listing will not be activated until the Company has received payment in full.

8.4 Subject to paragraph 8.5 below, if you have selected a Basic Listing, or once the process set out in paragraphs 8.1 and 8.2 above has been completed, your choice of listing and categories will be reviewed by the Company and then activated within 48 hours of the Company receiving payment in full for the listing you have selected. Once your listing has been activated the Company will send you an automated e-mail confirming the same.

8.5 The Company shall be entitled to refuse any application for a listing in the Landscaping Directory. If the Company refuses your application it shall send you an e-mail confirming the same and refund any monies you have already paid in respect of such application. For the avoidance of doubt, no valid contract shall come into existence between you and the Company until your listing has been activated.

8.6 You have the right to cancel any listing within 30 days from the date that your listing is activated. If you cancel within this period you shall be entitled to a full refund. The Company will not provide any refund for any cancellation outside this 30 day period. If you wish to cancel your listing please contact us by e-mail: info@thelandscapelink.co.uk or by post at Studio 224, Communications House, 9 St Johns Street, Colchester, Essex CO2 7NN.

9. Information provided by you

9.1 If you have purchased a listing you will be able to log into your account and enter text which will appear in your listing on this Website. The Company shall then review the text you have provided and make any amendments that it considers necessary. If the Company makes any such amendments it shall send you an e-mail notifying you of the changes it has made.

9.2 You shall ensure that any information that you provide to the Company and/or this Website is accurate and not misleading in any way. The Company reserves the right to amend or remove any listing, text or other information from this Website at any time.

10. Duration of listing and upgrades

10.1 All listings, other than Basic Listings, shall expire twelve months from the date they are activated.

10.2 One month prior to the expiration of any listing, the Company shall contact you via e-mail or letter offering you the opportunity to renew the listing.

10.3 If you have a Basic Listing, the Company will contact you every twelve months via e-mail or letter to check whether you still wish to be listed in the Landscaping Directory and that your details are still correct. Your Basic Listing will remain on this Website until you instruct us to remove it.

11. Links from other websites

11.1 Unless you obtain the prior written consent of the Company, you shall only be entitled to link to this Website if you have purchased a Premium Listing or a B2B Listing and you may only do so on the basis that you do not replicate the home page of this Website, and subject to the following conditions:

11.1.1 you do not remove, distort or otherwise alter the size or appearance of The Landscape Link logo;

11.1.2 you do not create a frame or any other browser or border environment around this Website;

11.1.3 you do not in any way imply that the Company is endorsing any products or services other than its own;

11.1.4 you do not misrepresent your relationship with the Company nor present any other false information about the Company;

11.1.5 you do not otherwise use any trade marks displayed on this Website without express written permission from the Company;

11.1.6 you do not link from a website that is not owned by you; and

11.1.7 your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

11.2 The Company expressly reserves the right to revoke the right granted in paragraph 11.1 for breach of these terms and to take any action it deems appropriate.

11.3 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 11.1.

12. Links to other websites

Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

13. Disclaimer

13.1 While the Company endeavours to ensure that the information that it places on this Website is correct, the Company does not warrant the accuracy and completeness of any of the material on this Website, whether it is provided by the Company or a third party. The Company may make changes to the material on this Website, including the prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.

13.2 The material on this Website is provided 'as is' without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.

13.3 Some of the information on this Website has been provided by third parties including, but not limited to, the information contained in the Landscaping Directory and the News, Weather, Garden Shows, Trade Shows, Gardens to Visit and Associations pages. Any views or opinions expressed in such information are therefore the views or opinions of the third party providers. For the avoidance of doubt, none of the information on this Website shall be construed as the views or opinions of the Company unless expressly stated otherwise.

14. How To

14.1 Any advice on the How To pages shall not be relied on in any way and you should seek assistance from a suitably qualified professional in relation to any area in respect of which you have any doubts whatsoever.

14.2 The information contained on the How To pages is not intended to be used by anyone less than 18 years of age. No one under that age should carry out any activity whatsoever based on the information on the How To pages.

14.3 You must ensure that you are aware of and follow the latest regulations set by and guidance available from professional bodies in relation to any activities referred to on the How To pages.

15. Liability

15.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or oth er property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

15.2 Nothing in this legal notice shall exclude or limit the Company's liability for

15.2.1 death or personal injury caused by negligence;

15.2.2 fraud;

15.2.3 misrepresentation as to a fundamental matter; or

15.2.4 any liability which cannot be excluded or limited under applicable law.

15.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

16. Governing law and jurisdiction

This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.