Terms and Conditions of website use
This notice applies to the entire contents of this website under the domain name www.infoserve.com (“the Website”). Please read the terms and conditions carefully before using this website. Please note that using this website indicates that you have accepted these terms. If you do not accept these terms and conditions, do not use this website.
This notice is issued by the owner of this website, Infoserve Limited whose registered office is at South Side Aviation, Leeds Bradford International Airport, Leeds, LS19 7UG with registered company number 3867903 (“the Owner”).
1.1 By accessing any part of this Website, you shall be deemed to have read and accepted the terms of this legal notice in full. If you do not accept the terms of this legal notice in full, you must leave this Website immediately.
1.2 The Owner 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 Certain provisions of this legal notice may be amended or superseded by expressly designated legal notices or terms located on particular pages at this Website.
2 VISITOR MATERIAL AND CONDUCT
2.1 You are prohibited from posting or transmitting to or from this Website any material:
2.1.1 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; or
2.1.2 for which you have not obtained all necessary licences and/or approvals; or
2.1.3 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
2.1.4 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);
2.1.5 which injures any third party and/or their intellectual property rights.
2.2 You may not misuse the Website (including, without limitation, by hacking).
2.3 The Owner shall fully co-operate with any law enforcement authorities or court order requesting or directing the Owner to disclose the identity or locate anyone posting or transmitting any material in breach of clause 2.1 or clause 2.2 above.
2.4 The Owner shall have the right (at its absolute discretion and without obligation to provide notice of any kind) to remove and/or delete any material posted or transmitted to the Website which it believes at its absolute discretion falls within the categories described in clause 2.1 above.
3 COPYRIGHT AND PERMITTED USE
3.1 Unless otherwise stated, the copyright and other intellectual property rights in this Website are owned by the Owner or its licensors. Save as expressly permitted at clauses 3.2 and 3.3 below, use of extracts from this Website 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 extracts downloaded or printed from this Website.
3.2 Subject to the applicable terms of agreement with the Owner’s licensors, you are permitted to access the Website to make a copy of the results of any searches made of the Website, and to use these results for non-commercial purposes PROVIDED THAT no such access, copying and use comprises, is preparatory to or enables any of the prohibited use detailed at clause 3.3 below.
3.3 In using this Website, you acknowledge that you are expressly prohibited from:
3.3.1 modifying the data or other material contained in the Website (the “Data”);
3.3.2 merging the Data with any third party data;
3.3.3 selling or trading in the Data;
3.3.4 using or redistributing the Data for the purposes of compiling databases, lists or directories, other than as and to the extent necessary to use the Data as permitted by clause 3.2;
3.3.5 issuing questionnaires, reply cards or similar to the individuals or organisations which are the subjects of the Data for purposes of (including but not limited to) data capture or verification;
3.3.6 using the Data as source and targeting material for any kind of telemarketing, direct marketing, viral or other electronic marketing activity on your behalf or on behalf of or for the benefit of another party.
4 SERVICE ACCESS
4.1 While the Owner endeavours to ensure that this Website is normally available 24 hours a day, the Owner shall not be liable if for any reason this Website is unavailable at any time or for any period.
4.2 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 Owner’s control.
5 LINKS TO AND FROM OTHER WEBSITES
5.1 Links to third party websites on this Website are provided solely for your convenience. Links to third party websites that are posted on this Website are not the responsibility of the Owner. If you use these links, you leave this Website. The Owner has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Owner 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.
5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
5.2.1 you do not remove, distort or otherwise alter the size or appearance of the Infoserve logo;
5.2.2 you do not create a frame or any other browser or border environment around this Website;
5.2.3 you do not in any way imply that the Owner is endorsing any products or services other than its own;
5.2.4 you do not misrepresent your relationship with the Owner nor present any other false information about the Owner;
5.2.5 you do not otherwise use any Infoserve Limited trade marks displayed on this Website without express written permission from the Owner;
5.2.6 you do not link from a website that is not owned by you; and
5.2.7 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.
5.3 The Owner expressly reserves the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action it deems appropriate.
5.4 You shall fully indemnify the Owner for any loss or damage suffered by the Owner for breach of clause 5.2.
6.1 WHILE THE OWNER ENDEAVOURS TO ENSURE THAT THE INFORMATION AND DATA ON THIS WEBSITE IS CORRECT, YOU ACKNOWLEDGE THAT THE WEBSITE CONTAINS THIRD PARTY MATERIAL IN ADDITION TO THE OWNER’S OWN AND THEREFORE THE OWNER DOES NOT WARRANT THE ACCURACY AND COMPLETENESS OF ANY MATERIAL ON THIS WEBSITE NOR ANY RESULTS OBTAINED FROM THIS WEBSITE. THE OWNER MAY MAKE CHANGES TO THE MATERIAL ON THIS WEBSITE AT ANY TIME WITHOUT NOTICE. THE MATERIAL ON THIS WEBSITE MAY BE OUT OF DATE, AND THE OWNER MAKES NO COMMITMENT TO UPDATE SUCH MATERIAL.
6.2 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 OWNER PROVIDES YOU WITH THIS WEBSITE ON THE BASIS THAT THE OWNER EXCLUDES ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS WHICH BUT FOR THIS LEGAL NOTICE MIGHT HAVE EFFECT IN RELATION TO THIS WEBSITE.
7.1 THE OWNER, THE OWNER’S LICENSORS, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THIS WEBSITE), AND ANY OF THE OWNER’S OFFICERS, DIRECTORS, EMPLOYEES 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 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.
7.2 Nothing in this legal notice shall exclude or limit the Owner’s liability for:
7.2.1 death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
7.2.2 fraud; or
7.2.3 any liability which cannot be excluded or limited under applicable law.
8 CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
Nothing in this agreement is intended to confer rights to any person or company not party to it and the provisions of the Contracts (Rights of Third Parties) Act 1999 are hereby expressly excluded.
9 GOVERNING LAW AND JURISDICTION
9.1 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.
Issue Date: 26th April 2007
Terms and Conditions of Infoserve Ltd with Customers
1. The Service
1. Infoserve Listing Service (Listings) and Product or Company Feature including Web Design Service (the "Services") are owned and operated by Infoserve Ltd and appear on the Site.
2. Listings allow you to appear for your given search criteria in a list of search results in response to a search made by a user of the Site.
3. All information necessary to complete an Infoserve Listing or Service, should be delivered within 14 days of request. After this period it will be the customers sole responsibility to provide the relevant information and no credit will be due for failure to deliver service up to the point the information is provided.
4. By agreeing to make or making payment for any Listing or Service on the Site, you accept these terms and conditions in respect of your chosen Service.
5. We reserve the right in our sole discretion to add, delete or change some or all of the Listings or Services offered by Infoserve Ltd, including all or any aspect of the Site at any time without notice to you.
1. Infoserve Ltd accepts payment by cheque (payable to: Infoserve Ltd), MasterCard, Visa, Delta or Maestro (processed by our online payment provider Barclaycard EPDQ), Bankers Order or other monetary instrument specifically agreed by Infoserve Ltd - although we reserve the right to decline payment in any of these forms without notice to you. Infoserve Ltd reserves the right to vary its prices without notice to you, and to withdraw any payment methods at any time.
2. By signing the Infoserve Ltd order form or agreeing to purchase a Listing or Service by giving us your credit card details by phone you are committed to payment in full on production of the order and accept these terms and conditions in respect of your chosen service. 95% of the charges are a non-refundable production cost.
3. The Listings and Services shall be eligible for renewal precisely twelve months from the date of purchase. The "date of purchase" is the commencement date on your first invoice. You will receive notification of renewal two months prior to your renewal date. If you do not wish to renew your product you must submit a written notice at least thirty days before the renewal date.
4. If you should at any time fail to make timely payment in full, Infoserve Ltd is entitled to charge interest on the amounts due with an interest rate of 3% per annum over the Bank of England base rate.
5. Payment for Listings is required in full prior to commencement of work. Any leniency by Infoserve Ltd, with respect to this payment, is entirely at its discretion.
6. Payment for Services is required in full on completion of work. Invoices should be settled within fourteen (14) days from the Invoice date.
3. Exclusions and Limitations of Liability
1. We use our reasonable skill and care in operating the Site and in providing the Services. However, we make no representation and exclude any warranty, express or implied, as to the availability, quality, accuracy, timeliness, completeness, performance or fitness of the Site or the Services. The Site is provided on an "as is" and "as available" basis and we do not warrant that you or any users will be able to access the Site at all times or that it will be absolutely secure, uninterrupted or free from infection and viruses. We will not be responsible for your failure to provide services as a result of your inclusion on the Site, for errors that relate to the provision of your services, or for technical problems that may hinder the efficacy of the Site.
2. Except in the event of death or personal injury caused by our negligent acts or omissions, we shall not be liable in any way for any damages arising in contract, tort or otherwise in respect of loss or damage arising out of or in connection with this contract or operation of, or your use of the Site, Listings and Services. In no event will we be liable for any direct, indirect or consequential damages in contract or tort, including loss of profit, loss or damage to property or relating to claims made by third parties.
3. You should not take any step or act based on your ownership of the domain name until you have received legal confirmation from the relevant registry body that you are the registered owner of that domain name. Infoserve Ltd does not guarantee that it will be able to secure IP addresses, IP ranges or domain names on your behalf and acceptance by Infoserve Ltd of your order form shall not give rise to any such warranty in respect of the details appearing on the order form. Infoserve Ltd is not notified as to whether or not attempts to secure addresses, ranges or domain names have been successful and it is your responsibility to establish whether or not they have been so secured. No warranty is given that once secured you will be permitted to retain such addresses, ranges or domain names.
4. If Infoserve Ltd is unable to register the domain name you want, Infoserve Ltd will seek to secure an alternative name of your choosing. If the alternative name cannot be secured, Infoserve Ltd will, upon receipt of your written request, repay to you all charges payable by you as relate to registration of the domain name. No repayment will be given in circumstances where the domain name is registered and is subsequently removed for any reason beyond Infoserve Ltd control.
1. You hereby agree to indemnify, defend and hold us harmless for all liability, claims, damages and costs, including reasonable legal fees, arising out of or in connection with a breach of your obligations, representations and warranties in respect of information provided by you in connection with the Services as provided in this Agreement.
5. Term and Termination
1. The products are provided for an initial period of 12 months from the commencement date on your invoice. Upon renewal this agreement will continue for an additional 12 months period. If you cancel any of the Services other than at the end of a 12-month period, Infoserve Ltd will not refund any payments made in respect of the remainder of the period. You may, by at least 30 days advance notice to Infoserve Ltd choose not to renew this agreement upon the 12 month renewal date. You may otherwise only terminate this agreement in accordance with clause 2.3.
2. Infoserve Ltd may terminate this agreement with you immediately and at any time without notice but, if you demonstrate that Infoserve Ltd has terminated without any breach by you of your obligations, Infoserve Ltd will refund to you a sum representing the part of the Services attributable to the un-expired period of the next renewal date of your contract that relates to the ‘ongoing maintenance’ portion of your invoice. In addition, Infoserve Ltd may, by at least 30 days notice to you in advance, choose not to renew this agreement at an anniversary. For the avoidance of doubt, and unless stated otherwise, 95% of all invoiced sums will cover an annual payment for design, production, setting and creative input, and a further 5% for ongoing maintenance and position within the site. Together these charges will combine to form the full invoice cost, plus VAT at the prescribed rate.
6. Minimum Service Level
For companies who take a paid listing with Infoserve Ltd we agree to provide a link from one of the most popular regarded search engine through to the page with the paid listing. This link is to appear on the first page of the search engine either within natural search or paid search for the appropriate search criteria and be provided for a minimum of 12 months with a 75% service level.
7. Governing Law and Jurisdiction
1. These terms shall be governed by and interpreted in accordance with English law.
2. The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute, which may arise out of, under, or in connection with these terms and conditions.
3. For our exclusive benefit, we shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms are entered into in the course of your trade or profession, the country of your principal place of business.