Locations Direct Ltd (LD) provides location services: these services are offered to you conditional upon your acceptance of our Terms and Conditions of Business. Your use of our services, and/or the Locations Direct LTD website at www.locationsdirect.co constitutes your acceptance of all these Terms and Conditions. If you do not agree to be legally bound by these terms, please do not use our web site nor our services. Our Terms of Business may change at any time; you are advised to check each time you use our services, as you will be bound by the Terms and Charges applicable at the time.
- "Agent": Locations Direct, i.e. the appointed agent of the Property owner, or any of its associated, affiliated or subsidiary companies or sublicenses;
- "Library": the library and/or web library of the Agent,
- "Property": the premises or land which is made available for hire;
- "Hirer": any company, individual or third party utilising any of the services provided by the Agency;
- “Account Holder” an individual that has created a login account with Locations Direct. This gives the ability to buy and store locations.
- "Owner": the individual, company or legal entity which owns, controls or represents the Property;
- "Charges": the library fee and or any commission which may be chargeable by the Agent to the Hirer and/or Owner;
- "Recce": a "reconnaissance" visit to the Property by the Hirer or his/her representatives;
- "Shoot": the use of a Property by the Hirer, whether for the purposes of filming, photography, or any other kind of event.
1.1 By using the Website you agree to be legally bound by these terms, which shall take effect immediately on your first use of the Website. If you do not agree to be legally bound by all the following terms please do not access and/or use the Website.
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 and your continued use of the Website after changes are posted means you agree to be legally bound by these terms as updated and/or amended. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
2. DATA PROTECTION
When purchasing a locations contact details via the Locations Direct site, LD no longer has any involvement in the booking between the “Hirer” and “Property”. All hire fees, contracts, and insurance will be the responsibility of the “Hirer”. No filming is to take place at any location on the LD website without a contract being signed between the “Hirer” and “Property” or a filming permit being obtained from the governing body (e.g. film office). All hire fees must be paid and cleared with “property” and locations in advance of the filming taking place. No filming can take place at any location on the LD site without adequate production insurance.
4. PURCHASED ITEMS
Locations Direct reserves the rights to remove locations from a hirers account at any time, but no less than 3months, without any notice being given. Restriction on how long a location remains in an accounts ‘Purchased Locations’ folder for may be set up to remove locations automatically after a set time.
Images and content downloaded or obtained from the LD Library and/or any other material supplied to the Hirer by the Agent may be used for reference only, and may be printed for private, non-commercial use only. No user of the services may copy, reproduce, publish, or transmit any section of the Library or any other supplied materials in any way, without the Agent's prior express permission. No user may edit or alter or crop any of the images supplied, or downloaded from the Library. All images and information supplied are copyright Locations Direct, unless otherwise indicated. All users must agree to use any supplied material only for lawful purposes. You may not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use the Website content in any way except for your own personal, non-commercial use or as provided herein. You are permitted to print and download extracts from this Website for your own personal non commercial use on the following basis: We also reserve the right to access and disclose personal information to operate our systems properly, or to protect ourselves and/or our users.
6.2 Further to paragraph 6.1, by submitting your contribution to the Company, you:
6.2.1 warrant that your contribution;
188.8.131.52 is your own original work and that you have the right to make it available to the Company for all the purposes specified above;
184.108.40.206 is not defamatory; and
220.127.116.11 does not infringe any law; and
6.2.2 agree to indemnify the Company against all legal fees, damages and other expenses that may be incurred by the Company as a result of your breach of the above warranty; and
6.2.3 waive any moral rights in your contribution for the purposes of its submission to and publication on the Website and the purposes specified above.
7.1. There is a library fee to access a locations address and contact info via the Locations Direct website, this maybe vary depending on the location. This information can be purchased via the websites-shopping cart. Alternatively you can contact Locations Direct to check a locations dates and rates before purchasing, if you then wish to purchase the locations address and contact information there will be an additional charge of £50. Neither of these payments are to film at the location, the Hirer will need to do this directly with the location. The fee paid to LD under these circumstances is solely to receive the locations address, contact info and other useful information relating to that location when available.
7.2 For select locations, and when not using the ecommerce service, there is no charge for using the Agent's web site(s), nor for organising an initial Recce (see below), however the confirmation of, and usage of any Property will be subject to a booking fee. The location hire fee is separate, and subject to negotiation and contract. All charges must be paid in advance of the Shoot. The location hire fee will have been negotiated with the location owner, and the estimated cost will reflect the hours of the shoot, size of crew, anticipated disruption, areas of usage, type of shoot, etc. The Agent and Owner reserve the right to seek additional fees if there is any variation on the shoot day to the terms agreed prior to the shoot. Additional charges may include a damage/overtime deposit (plus administration charge) which will be held in the Location Direct escrow account until after the Shoot. Preparation and restoration days are normally charged at 50% of the agreed Shoot fees. Overtime payments (if applicable) and/or any other costs incurred during the shoot will be invoiced after the Shoot, must be paid within 7 days (or deducted from the deposit), will be subject to an Agent's administration charge of £50, and will be subject to VAT. Outstanding sums due to the Agency and/or Owner will carry interest in accordance with UK Late Payment of Debts legislation. If a location is booked via the above process, through Locations Direct, there will be a library fee of £250 on top of the location fee. Locations Direct will receive 20% of the hire fee.
8.1. If purchasing a locations contact details via the LD website, there are no cancelations after the purchase.
If booking a location via Locations Direct, once confirmed LD will have begun processing paperwork and invoicing: as such, the full library fee becomes due after confirmation and is not refundable. Cancellation to the location owner may be subject to different terms and conditions, imposed by the owner; by default it is Locations Directs policy that the entire location fee will remain payable if five (5) days or less remain between cancellation and shoot commencement date. Verbal confirmation is deemed to be full confirmation.
9.1 If purchasing a locations contact details via the LD website you will be entitled to a full refund if the location no longer allows any kind of filming and if the location is now unrecognisable to the images provided. If you have not paid LD to check dates and rates, there will be no refund available if the location is not available on the day of your shoot or not within your budget. All costs provided on the website are solely for approximate guidance purposes only.
9.2 If booking a location through a Locations Direct agent, no charge is made to our clients prior to confirmation of the job. After confirmation, our library and administration fees become due and are non-refundable. Provided that a cancellation has been made more than five (5) days before the first shoot date, any location fees and/or deposits held by us will be refunded in full as soon as is practicable (and in any event within 30 days). The deposit will be returned after any agreed deductions have been made with respect to damage or breakage (of physical items) and/or restoration, and will be held until the resolution of any dispute. After the cut-off point (5 days prior to commencement of shoot), the entire location fee will remain payable. Client satisfaction is paramount to us, and complaints will be assessed on an individual basis, and every effort made to find an amicable solution. Refund of the location fees after the cut-off point (and therefore after payment has been made to the location) will be subject to three-way negotiation and agreement between the Hirer, the Agent and the Owner.
10. CHARGEBACK POLICY
Bookings where payment is made by credit/debit card are subject to the same terms and conditions as any other kind of payment. Chargebacks occur when the client payment card provider makes a demand to return monies on a transaction which the client claims is fraudulent or otherwise disputes. The agent recognises that chargebacks can happen for a variety of valid reasons, however if a client makes a card payment in respect of a booking, and later disputes the legitimate charge by raising a chargeback without merit (as determined at the Agent's sole discretion) - whether fraudulently or otherwise - then the agent will take steps to recover any charges resulting from such unmerited chargeback from the payee directly. Unmerited chargebacks include but are not limited to: disputing a charge made in accordance with the owner’s cancellation policy; disputing a charge made in respect of the property rental in which the client fails to make reasonable efforts to work with the owner and/or agent to resolve any issues; disputing a charge made in respect of a booking which was modified by the client and the owner in breach of these Terms & Conditions; or requesting a chargeback without a legitimate reason and/or failing to provide any supporting information in respect of the chargeback to allow those parties from which the chargeback is requested to assess the basis of the chargeback request. Locations Direct takes a zero tolerance approach to chargeback fraud. Further, in the event of any unmerited chargeback request, the agent reserves the right to recover monies by any legitimate means available, including using a third-party debt collection agency or any other lawful means to recover funds successfully charged back to the client in such circumstances.
Although every effort has been taken to ensure the images and particulars presented are up-to-date, no warranty is given or implied that any Property is available or suitable for the Hiring. The display or provision of images and/or particulars do not constitute any part of an offer or contract and are for guidance purposes only. None of the descriptions in the Library nor those provided by any employee or representative of the Agency may be relied upon as statements of fact.
The Agent cannot insist, but highly recommends that a Recce (reconnaissance visit) take place so that the Hirer can establish for themselves the availability and/or suitability of the Property. It is the responsibility of the Hirer to ascertain the status of the Property and its suitability, and to ensure that all necessary permissions are in place prior to the commencement of the Shoot. Neither the Agent nor the Owner can accept responsibility for loss, damage or inconvenience that may occur when a Recce did not take place. At the time of any such Recce, the Hirer assumes full legal responsibility for equipment and/or personnel that enter the Property. Some locations may charge for a Recce, or for the second and subsequent Recces - please check with us first to avoid unexpected charges. Locations Direct is not responsible for any costs or losses, if a location is found to be unsuitable during a recce.
13. PUBLIC LIABILITY
All Location Hire is subject to contract, and the Owner reserves the absolute right to refuse the booking without giving a reason. The Hirer must exhibit on demand proof of Public Liability Insurance prior to entering any Premises for the purposes of the Shoot.
14.1Where details are given for a particular location, whether used or not, any subsequent use of that location by the Hirer, the location manager, production company or its principals will be charged at normal library rates and will be subject to these same Terms and Conditions. The cancellation of the booking followed at any time by the subsequent use of the Property will be subject to the usual booking fees. The booking fees apply to one usage of the Property: subsequent usage will be subject to additional booking fees.
14.2 All location contact details and information released by the Agent to the Hirer are confidential and shall be used for the purposes of the production only and may not be released to any third party under any circumstances unless necessary for the purposes of the production. "Recce photographs" taken by a Hirer, or their representative, who visits a supplied location are for reference use only, and for the sole use of the production for which they are taken. Such recce photographs and/or any other reference material, including contact details, must not subsequently be used for financial or personal gain.
Locations provided to us by Owners will be subject to commission charges on bookings via a Locations Direct agent, arising out of any introduction through the Agent; such charges are applicable whether or not the booking is finalised through the Agent, and apply equally to repeat bookings. However if the contact details are purchased via the site and the booking is made directly with the Locations Owner, there will be no commission charges.
The Agency cannot insist, but highly recommends that a qualified Location Manager be employed by the Hirer to oversee the Shoot/Event, to undertake a recce, to organise access, parking, permissions and responsible care of the Property. Responsibility for the obtaining of permissions, notification of relevant authorities, and the notification of neighbours, rests entirely with the Hirer. The Agent will not be liable for any loss or damage suffered by the Hirer or the Owner as a result of the Hire, or the cancellation of the Hire. The total extent of the Agent's liability shall in any event not exceed the total of the Agent's Charges and/or Commission if applicable.
Links to third party web sites on our web site are provided solely for your convenience: if you click on these links, you have left our website. Locations Direct provides these links in the hope they might be useful to you, however any such links are not intended to indicate any form of recommendation or endorsement. You use such third party sites entirely at your own risk.
19.1 Each registration is for a single only. The Company does not permit you to share your user name and password, if any, with any other person nor with multiple users on a network.
19.2 Responsibility for the security of any passwords issued rests with you.
20.1 While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the products, services or 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.
20.2 The material on this Website including the information, names, images, pictures, logos and icons, websites, contact information and address regarding or relating to Location Direct Ltd and/or the Website, its products and services or any transaction that may be conducted on or through the website (or to third party products and services), is provided "as is" and the Company does not make or give any endorsements, representations, conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by the governing law, the Company provides you with this Website on the basis that the Company excludes and disclaims all representations, warranties, conditions, duties and other terms whether express or implied of every nature whatsoever (except any duties of good faith, (including, without limitation, any express or statutory warranties, and any conditions or warranties whether they are implied or not by law of satisfactory quality, non-infringement, compatibility, security, merchantability, accuracy, fitness for particular purpose, timeliness, conditions of completeness, performance, availability, lack of negligence or of workmanlike effort and the use of reasonable care and skill or any implied warranty arising from course of dealing or usage or trade) which but for this legal notice might have effect in relation to this Website.
20.3 The Company does not warrant that the Website will meet your requirements or that the Website or functions contained in the Website content will be timely, uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available represent the full functionality, accuracy or reliability of the Website or are free of infection by viruses or bugs or anything else that has contaminating or destructive properties.
20.4 We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
20.5 To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products and services.
20.6 This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
21.1 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, consultants, shareholders or agents of any of them or any persons engaged by 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, special or consequential loss or damages, any economic losses (including without limitation loss of revenues, profits, income, contracts, business or anticipated savings) or any loss of goodwill, reputation, 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 other 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. Nothing in this legal notice shall exclude or limit the Company's liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
22. ABUSIVE CLIENTS OR OWNERS
Locations Direct is committed to the protection of its staff, and will not tolerate abusive or threatening behaviour from its clients or location owners. The company reserves its right to cease all further business dealings with any of its clients or suppliers, and to cancel any and all hirings/bookings immediately and without recourse or appeal.
23. DATA PROTECTION
The Agent maintains databases which are subject to the provisions of the Data Protection Act 1998, licence no. Z2072934. The Agency will make every reasonable effort to ensure the security of the Owner's details.
13.1 If there is any conflict between these terms and specific terms appearing elsewhere on the Website then the latter shall prevail.
If any condition or term of this legal notice is deemed by any court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, then to the extent to which that condition or term is illegal, invalid or unenforceable, it shall be severed and deleted from this Legal Notice and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable to the fullest extent permitted by law.
26. ENTIRE AGREEMENT
You agree that: -
26.1 This Legal Notice, and the documents referred to in it, constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between you and the Company relating to the subject matter of this agreement.
26.2 Each of the parties acknowledges and agrees that in entering into this agreement, and the documents referred to in it, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this agreement or not) other than as expressly set out in this agreement as a warranty.
26.3 The only remedy available to you for breach of the warranties shall be for breach of contract under the terms of this agreement. PROVIDED THAT this clause shall not exclude any liability which any party would otherwise have to the other party or any right which either of them may have to rescind this agreement in respect of any statements made fraudulently by the other prior to the execution of this agreement or any rights which either of them may have in respect of fraudulent concealment by the other
27. THIRD PARTY RIGHTS
Save as expressly provided for in this Legal Notice, no term of this Legal Notice shall be enforceable by a third party (being any person other than the parties and their permitted successors and assignees) and for the avoidance of doubt no term of this agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
The Company may assign any and all rights, benefits or burdens as it thinks fit without any prior notice to you.
29. GOVERNING LAW AND JURISDICTION
This legal notice shall be governed by and interpreted 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