Terms and Conditions
TERMS AND CONDITIONS FOR USE AND RECEIPT OF THE GOVERNMENT AUCTIONS DIRECTORY
DATABASE FROM IMAGINATIVE TECHNOLOGIES LIMITED (ITL)
Web site: http://www.government-auctions-directory.co.uk
Notice to User: Carefully read the following Terms and Conditions. Use and
receipt of The Information constitutes your acceptance of these Terms and
Conditions ("The Terms and Conditions") and agreement to abide by them.
DEFINITIONS
Words and expressions that appear in these Terms and Conditions have the
following meanings:-
"Government Auctions Directory" is a Database Service provided by "ITL"
Imaginative Technologies Limited whose registered office is situated at Regency
House, 45/49 Chorley New Road, Bolton, BL1 4QR. Reg. No. 3082981. ITL is also
registered with The Data Protection Registrar, Registration Number Z7227921
"The Information" means The Information relating to Estate Agents published
within Government Auctions Directory by ITL and delivered by fax, post, e-mail
or Internet and amendments and updates issued from time to time and all printed
material issued in connection with the Information.
"The Subscriber" means the Person, Corporate body or Partnership named as the
customer on the invoice and/or in the Confirmation of Order document.
"The Subscription Rate" means the fee payable by The Subscriber to use and
receive The Information during the Licence Period
"The Licence Period" means the period during which The Subscriber is entitled to
use and receive The Information.
"Supplier" means a Person or Corporate Body or Partnership authorised by ITL to
market The Information.
In return for acquiring a Licence to receive The Information, The Subscriber
agrees as follows:
AGREEMENT
These Terms and Conditions of business constitute the complete terms of business
between ITL and The Subscriber and variations are only valid if agreed in
writing between the Subscriber and a director of ITL (Imaginative Technologies
Limited).
The Licence gives The Subscriber the right to receive and use The Information
for the duration of the Licence Period subject to The Terms and Conditions being
complied with.
The Subscriber agrees to ITL entering their email address into the ITL mailing
list for the sole purpose of advising the Subscriber to any changes in the
service subscribed to, and for the provision of any further offers to other ITL
services. ITL will not use the information for any other purpose and does not
pass any personal details onto any Third Party as set out in the Company Privacy
Policy. The Subscriber may elect to Opt-Out of any mailing s if they so choose.
The Subscriber acknowledges that The Information is copyrighted and is
proprietary. The licence granted above is not a sale of The Information, and
except as stated above, this Agreement does not give The Subscriber any rights
to patent, copyright, trade secrets, trademarks or any other rights or licences
with respect to The Information. The Subscriber agrees to hold The Information
in confidence and to take reasonable steps to prevent unauthorised copying or
distribution.
This Licence is your proof of licence to exercise the rights granted herein and
must be retained by you.
The Subscriber is not permitted to sell on the information contained within The
Information.
ITL’s LIABILITY
ITL will use reasonable care to provide the correct information but shall not be
liable for any claim, damage or other loss suffered including any consequential
loss due to information being given incorrectly or omitted either by ITL its
servants or agents or by any other party to ITL.
Any use by The Subscriber of The Information is at The Subscriber’s own risk.
ITL and its suppliers do not give any warranties of any kind, either express or
implied, including, without limitation, implied warranties of satisfactory
quality and fitness for a particular purpose.
ITL shall have no liability for consequential damages. In no event shall ITL or
its Suppliers be liable for any damages whatsoever (including, without
limitation, damages for loss of business profits, business interruption, loss of
business information, or other pecuniary loss) arising out of the use or
inability to use The Information, even if ITL has been advised of the
possibility of such damages. Because some jurisdictions do not allow the
exclusion or limitation of liability for consequential or incidental damages,
the above limitation may not apply to you, but in all cases the liability will
be limited to a sum not exceeding the current "Licence Fee", or if not
applicable the sum of one hundred pounds.
PROVISION OF SERVICE
ITL reserves the right to amend the number of Auctioneers covered in Government
Auctions Directory from time to time.
Without prejudice to the generality of the foregoing ITL shall not be liable for
the consequences of any act of God or strike, lockouts, civil commotion, fire,
flood, explosion, legislation, or other cause (whether the foregoing class or
not) beyond ITL's control.
If any provision of the Terms and Conditions is declared invalid void or
otherwise unenforceable by a Court of competent jurisdiction this shall not
affect in any way the remaining provisions of these Terms and Conditions.
The right of The Subscriber thereunder may not be assigned in whole or in part
without the prior written consent of ITL.
ITL will not be liable to refund all or part of the Licence Fee in the event of
cancellation or termination by The Subscriber.
In exceptional circumstances ITL management may consider a refund to
subscribers. A refund will incur an administration fee of no less than £30 +
VAT.
Any delay or failure by either party in exercising any right or remedy arising
under these Terms and Conditions shall not constitute a waiver of such right or
remedy
These Terms and Conditions exclude and override any other terms which The
Subscriber might seek to impose on ITL, even if such other terms are submitted
in a later document or purport to exclude or override these terms of business.
These Terms and Conditions shall be governed by and interpreted in accordance
with the laws of England and the parties hereby submit to the jurisdiction of
the High Court in London, England
These Terms and Conditions constitute the entire agreement between the parties
and the Subscriber shall not rely on any statement, warranty whether express or
implied made by ITL, its servants, agents, employees or Suppliers
PAYMENT
The Licence Period will only commence once full payment has been received by
ITL. Any further renewals of The Licence Period are subject to the same payment
conditions
COPYRIGHT
The Information is protected under British copyright law. All copyright of The
Information remains the property of ITL. All rights reserved. No part of The
Information may be copied, reproduced, translated or reduced to any electronic
medium or machine readable form without the prior written consent of ITL
LICENCE AGREEMENT
It is illegal to pass The Information to any third parties for their use and The
Subscriber must take reasonable steps to protect The Information from
unauthorised use.
NOTICE
Any notice to be given under these Terms and Conditions by either party to the
other must be in writing and delivered by hand, first class letter or facsimile
transmission to the address given in the Customer Agreement (or such other
address given for this purpose) and in the case of post will be deemed to have
been validly and effectively given two working days after the date of posting or
in the case of other means of transmission will be deemed to have been validly
and effectively given on delivery.
TERMINATION
1. ITL may terminate this Agreement (and/or any other contract with the
Subscriber) and/or suspend further delivery under this Agreement or any other
contract with the Subscriber in the event that the Subscriber:
(a) Is in breach of its obligations under this Agreement including these Terms
and Conditions or any other contract with ITL; or
(b) Becomes insolvent or bankrupt, enters into liquidation whether voluntary or
compulsory (other than for a solvent reconstruction or amalgamation), is unable
to pay its debts as they fall, has a receiver or an equivalent officer appointed
in respect of any of its assets, is the subject of an administration order,
enters into any arrangement with its creditors or makes a general assignment for
their benefit, or ceases to carry on business in the ordinary course without
prejudice to any other rights and remedies that ITL may have.
2. The Subscriber will remain liable to ITL for all outstanding sums due to ITL
for use of The Information which will become immediately payable of termination.