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Terms and conditions of use of the UK4b website service
These terms and conditions detail how the UK4b interactive business tool website (the "Service") can be used by you. If you use the Service you signify your agreement to be bound by these terms and conditions and your acceptance of these terms and conditions on behalf of any third party on whose behalf you are using the Service. If you do not agree to all of these terms and conditions, and our privacy policy, you may not participate in the Service.
1. Definitions
In these terms and conditions, "we" and "us" means dial M for Marketing Limited (company number: 04670077).
2. Access to the Service
2.1 We will endeavour to allow uninterrupted access to the Service, but access to the Service may be suspended, restricted or terminated at any time.
2.2 We reserve the right to change, modify, substitute, suspend or remove without notice the Service or any other information on the UK4b Website from time to time.
2.3 We assume no responsibility or liability for the content or services of any other websites to which the Service or the UK4b Website has links.
2.4 You agree to comply with all instructions relating to use of the Service as set out on the UK4b Website.
3. Intellectual Property
3.1 All intellectual property rights in the Service including without limitation copyright, together with the website design, text (including pre-determined questions and answers) and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) are owned by us or our licensors. All rights are reserved. None of the material may be reproduced or redistributed without our prior written permission.
3.2 Uk4m (u-klick 4 marketing) is a registered trademark owned by us. Other product and company names mentioned on this Website may be the trade names or registered trademarks of their respective owners.
3.3 You will receive a non-exclusive right to use and copy the report created using the Service but copyright in such works otherwise remains with us.
4. Limitation of liability
4.1 We use reasonable endeavours to ensure that the operation of the Service is accurate and to correct any errors or omissions as soon as practicable after being notified of them, however, we do not guarantee that the Service will be fault free and do not accept liability for any errors or omissions. To the extent permitted by applicable law, we disclaim all warranties, terms and representations (whether express or implied and including without limitation satisfactory quality and fitness for a particular purpose) as to the accuracy of any information provided by the Service or contained on the UK4b Website.
4.2 The Service provides results based on the data that you have selected via the answers to the questions. The results are provided based only on the information provided by you and you should take independent advice in relation to them. To the maximum extent permitted by applicable law we exclude and disclaim all liability in connection with the results and your use of them.
4.3 We do not give any warranty that the UK4b Website or the Service is free from viruses or anything else which may have a harmful effect on any technology.
4.4 Due to the nature of electronic transmission of data over the internet, and the number of users by whom data is inputted into the Service, any liability we may have for any losses or claims arising from an inability to access the Service, or from any use of the Service or reliance on the data transmitted using the Service, is excluded to the fullest extent permissible by law.
4.5 Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence or for our fraud.
4.6 Subject to the liability which we accept in clause 4.5, (a) our aggregate liability to you arising out of or in connection with this agreement or use of the Service shall not exceed twice the value of any registration fees and/or other charges paid by you to us under these terms and conditions up to the date of the event giving rise to such liability (or in the case of a combination of events, the latest relevant event); and (b) we shall not be liable in contract, tort or otherwise howsoever arising out of or in connection with this agreement or use of the Service for any indirect loss, consequential loss, loss of profits, data, revenue, business opportunity, anticipated savings, goodwill or reputation.
5. User name and password
5.1 You confirm to us that you are authorised to bind the business or organisation on whose behalf you are entering this contract.
5.2 Our website offers various packages in relation to the Service. The access and use of the Service is clearly set out with the relevant fees on the payment page and you will be asked to choose which package you would like to sign up to.
5.3 On signing up to the Service with us, you are issued with a username and password which must be used in order to access the Service. The username and password is personal to you and is not transferable. The username and password will be valid for a period of time or number of uses of the Service depending on the product and payment package that you choose on the payment page of the website.
5.4 Your user name is the method used by us to identify you and so is very important. You are responsible for all information posted into the Service by anyone using your user name and any payments due for the Service by anyone using your user name. Any breach of security of a user name should be notified to us immediately.
5.5 If you choose a product description that involves multiple marketing plans or risk assessments or users, you will be given an appropriate number of usernames and passwords. These will permit access to the Service in accordance with the package that you have chosen on the product selection and payment page on the website.
5.5 Once your username and password has been submitted up to the maximum number of times in accordance with the package you have chosen, they will no longer be valid and will not permit further access to the Service.
6. Data submitted by users
6.1 We accept no liability for data supplied by any user for the Service and the limitations in condition 4 above (Exclusions of liability) apply.
6.2 If you submit data to the Service you are responsible for ensuring that the data is accurate, complete and up to date and for updating that data where necessary.
6.3 If you submit data to the Service you are responsible for and undertake to us that you will ensure that no data is untrue or inaccurate.
6.4 You warrant that you have taken all reasonable precautions to ensure that any data you submit to the Service is free from viruses and anything else which may have a contaminating or destructive effect on any part of the Service or any other technology.
6.5 We reserve the right (without limiting our rights to seek other remedies) to remove offending material from the Service that we consider to constitute a misuse of the Service or which is otherwise harmful to other users of the Service.
6.6 You will indemnify us for any claim or loss (including without limitation, economic loss and reasonable legal fees) suffered by us arising out of your failure to observe any of the terms of this condition 6.
7. Payment
You shall pay the registration fees and/or other charges incurred by you in accordance with the payment provisions set out on the UK4b Website from time to time.
8. Data protection
We are committed to protecting your privacy. Our privacy practices are set out in our Privacy Policy. We may disclose your details or access your account if required to do so by law or any other Governmental or law enforcement agency. See our privacy policy at the end of these terms and conditions.
9. Termination
9.1 We may terminate or suspend your access to the Service at any time.
9.2 All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us for any reason.
10. General
10.1 If any provision of this agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of this agreement shall not be affected.
10.2 If we fail to enforce a right under this agreement, that failure will not prevent us from enforcing other rights, or the same type of right on a later occasion.
10.3 We may modify these terms and conditions at any time by publishing the modified terms and conditions on the UK4b Website.
10.4 Except as set out in condition 10.5, neither party may assign or transfer any of its rights under these terms and conditions without the prior written consent of the other.
10.5 We may assign or transfer our rights under these terms and conditions pursuant to a re-organisation or trade or share sale.
11. Governing law
11.1 These terms and conditions are governed by and construed in accordance with English law. Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.
11.2 The UK4b range of interactive business tools is only for use in countries where the relevant law applies to the content of the output, currently this is law applying to the United Kingdom. Therefore we do not recommend any of our interactive business tools to countries outside this region.
Privacy Policy
dial m for marketing® Limited and its group ("we" or "us") take your privacy seriously. This Privacy Policy explains the steps we take to ensure information about you is kept secure and confidential.
Please read this Privacy Policy carefully as once you use our website and/or our services ("Services") you will be regarded as having read and accepted this Privacy Policy. You must not use our website or our Services if you do not accept this Privacy Policy.
dial m for marketing® (company number 04670077) is the data controller in relation to the Services and your personal data. Our registered address is PO Box 863 Guildford Surrey. If you have any queries relating to our use of your personal data or any other data protection issues, please contact our Data Protection Officer at gerry@uk4b.com.
12. The information we collect
We will collect personal information about you which you give to us when you register to use our Services. The provision of the Services to you may also require us to store details of your transactions, together with details of your financial information. We will periodically review your personal information to ensure that we do not keep it for longer than is necessary.
13. Purposes for which we use information about you
We may use your personal information for the following purposes:
(a) to enable you to access and use the Services; and/or
(b) to personalise aspects of our overall service to you; and/or
(c) to communicate with you; and/or
(d) to process a transaction between you and a third party.
14. Passing on information about you
14.1 Please be aware that once you use our website or our Services, you will be regarded as having given your consent to us disclosing your personal information to the following parties:
(a) our card processor. Worldpay, in order to process your transactions;
(b) other third parties either where necessary for those third parties to provide additional products or services requested by you or with your prior consent; and
(c) third parties who may use that information to contact you about their products and services.
We may disclose information about you in connection with legal proceedings or potential legal proceedings or if otherwise permitted to do so by law or any governmental or law enforcement agency.
Informing you of offers and services which may be of interest
Please also be aware that if you tick the Data Protection Tick-box on the registration page for the Services, you will be regarded as having given your consent to us providing you with information, offers and services that may be of interest to you. For example, we may e-mail you with information about our new products or services which we think may be of interest to you.
If you tick the Data Protection Tick-box on the registration page for the Services, you will also be regarded as having given your consent to us disclosing your personal information to the following parties who may also provide you with information, offers and services:
(a) other companies (both in the UK and overseas) in our group of companies; and
(b) our trusted business partners (both in the UK and overseas)- a current list of our trusted business partners is set out and is updated from time to time, current trusted business partners are www.broaden.biz/marketplace www.ecademy.com.
You can ask us to stop using your personal data for marketing purposes at any time by e mailing our data controller, which we will do. Such a request may result in us ceasing to offer the Services to you.
15. Security
Keeping information about you secure is very important to us. We take security very seriously. This web site provides secure communication and holds a valid certificate. The secure transaction process is carried out by Worldpay. Secure communication means that information you provide such as your contact details are encrypted so that these cannot be read or intercepted by other people. When you enter or leave the secure area a dialog box will appear to notify you. You will recognise the secure area by a lock icon and the url commencing in https. All marketing plans completed will be held in this secure area.
However, no data transmission over the internet can be guaranteed to be totally secure. As a result, whilst we strive to protect your personal information, we cannot ensure or warrant the security of any information which you send to us, and you do so at your own risk.
1. Cookies
A cookie is a very small text file placed on your computer by a web browser, which has been sent by a web server. It is essentially an "identification card" relating to you. The main purpose of our cookies is to identify you when you visit our website. Each time your browser requests a web page from our server, the browser sends the information in the text file back to the server and lets the server know that you have returned to that web page. We use cookies to provide you with a better service tailored to suit you. Cookies help you to save time. For example, if you register for our Services, a cookie helps us to remember who you are and what your preferences are. Next time you return, we can fill in any questions that you have already answered. The more you tell us about yourself, the more we can help to find information or products you want.
You can disable cookies from your computer system by following the instructions at www.allaboutcookies.org but if you do not accept incoming cookies then the performance of our website on your system will not be to full standard or our website may not serve at all.
2. Transferring your information abroad
Information supplied by you to us will only be transferred abroad by us or our agents for the purpose of performing contractual obligations to you, or when you have given your prior consent to such transfer.
Your Rights
3. You have certain rights under the Data Protection Act 1998. For example, we will always let you have a copy of all personal information we have about you should you request it. We may charge you a fee for a copy of such information. |
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