iTouch (UK) Ltd
TERMS AND CONDITIONS FOR USE
These Terms and Conditions were last updated on: 31 March 2005
NOTICE:
Please read these Terms and Conditions For Use and the Privacy Policy carefully. We recommend that you print them out. They set out the terms and conditions upon which the ITouch (UK) Ltd Services and portals are made available to you and explain how we process and use your personal information. By accessing this website you agree to be bound by the Terms and Conditions set out herein and the Privacy Policy as amended from time to time in accordance with clause 6.3 below. YOU ACCEPT THAT YOU HAVE BEEN GIVEN AN OPPORTUNITY TO READ AND ACCEPT THESE TERMS AND CONDITIONS BEFORE USING ANY OF THE SERVICES OFFERED. ITouch UK Ltd recommends that you check these Terms and Conditions on each visit to this website. If you do not wish to be bound by this and the Privacy Policy, you may not access or use the Services and should exit immediately. If you are under 18 (eighteen) then your parent or guardian should read and accept this before you access or use this site. Please note that in some jurisdictions there are obligatory provisions in the consumer legislation that may be relevant to services provided under these Terms and Conditions.
Definitions
Within these Terms and Conditions the words:
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"you/your" |
means you the user; |
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"we/us/our" |
means ITouch UK Ltd and any associated company or subsidiary, including but not limited to all other members of the ITouch UK Ltd Group of companies, and where appropriate any suppliers; |
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"Services" |
means the website operated by us, www.itouch.co.uk, and through which you may access services and utilise the content, search facilities, directory services, personal web space, email, newsgroups, SMS and other messaging services and other services provided by us or on our behalf; |
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"ITouch UK Ltd" |
means ITouch (UK) Ltd; |
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"ITouch Ltd Group" |
means the parent company and all subsidiaries and associated companies of ITouch Ltd worldwide; |
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"Contact Details" |
means your name, address (whether at work or at home), e-mail address and telephone numbers (whether mobile, work or home) which you have provided to us; |
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"User Information" |
means the Contact Details and other personal information including any later amendments or corrections made by you or when participating in competitions or by use of the Services; |
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"Users" |
means the users of the Services collectively; |
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"Cookies" |
means standard web tracking devices as described in clause 10 of the Privacy Policy (see below). |
1. Your Personal Information
1.1 We respect your personal information and undertake to comply with all applicable data protection legislation from time to time in force. In agreeing to accept these Terms and Conditions you also acknowledge, accept and agree to our use of your User Information as detailed in our Privacy Policy (see below) unless you have expressly informed us otherwise by emailing us at info@itouch.co.uk
1.2 You should be aware that:
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(a) |
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(b) |
If we are requested by the police or any regulatory or government authority investigating suspected illegal activities to provide your User Information provided on registration of the Services and/or information concerning your activities whilst using the Services we shall do so without first notifying you. Similarly, we will disclose your User Information and/or details of your use of the Services if we are compelled to do so by law without first notifying you; |
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(c) |
We reserve the right in our reasonable discretion and without prior notice to you to disclose details of your use of the Services to a person who makes a complaint or allegation in connection with your use, or the use of anyone under your control of the Services whether in connection with the matters set out in Clause 4 of these Terms and Conditions or otherwise. We reserve the right to disclose your Contact Details and details of your use of the Services in such circumstances whether or not we are named as a party or a witness in any threatened or pending legal proceedings. |
2. Disclaimer of Warranties
2.1 The Services are provided on an "as is" and "as available" basis and we make no warranties or representations, whether express or implied, in relation to the Services, including but not limited to, implied warranties or conditions of completeness, accuracy or currency.
2.2 To the fullest extent permitted by law we make no warranty that we or the Services will meet your requirements or will be uninterrupted, timely, secure or error-free.
2.3 To the fullest extent permitted by law we give no warranty as to results or the accuracy of any information obtained through the Services.
2.4 To the fullest extent permitted by law we make no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into or through it.
2.5 You should not act upon advice which needs individual interpretation without first consulting a suitably qualified practitioner.
2.6 You use the Services entirely at your own risk. We (including all group companies, our and their respective agents, employees and sub-contractors) shall not be liable to you or any other party for any losses or damages whatsoever howsoever arising in connection with the Services (whether under this license or other contract or in consequence of any misrepresentation, misstatement or in tort or any omission including negligence). This does not affect your statutory rights.
3. Limitation of Liability
3.1 Nothing in these Terms and Conditions shall exclude or limit liability for death or personal injury resulting from our negligence or that of our servants, agents or employees or any other liability which is prohibited from being excluded by law.
3.2 You acknowledge that we may not have control over the information which can be accessed by you using the Services and that we do not know or examine the use to which you or other Users put the Services or the nature of the information you or other Users are sending or uploading. Subject to Clause 3.1 above, we therefore exclude all liability of any kind for the transmission or reception of such information of whatever nature by or to you.
3.3 Subject to Clause 3.1 above:
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(a) |
We exclude all liability of any kind for the information or any other material published or otherwise made available by you or any other User or person on any website you establish using the Services; and |
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(b) |
We shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever howsoever arising from or in any way connected with your use of the Services or accessing other websites from it, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where we have been notified by you of the possibility of such loss or damage). |
4. Your Obligations
4.1 You warrant that:
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(a) |
you are 16 or over; and |
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(b) |
you are the bill-payer or have the bill-payer's permission |
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4.2 You are responsible for obtaining all necessary consents and permissions to use this website and access the Services offered and agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
4.3 You acknowledge, accept and agree that you:
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(a) |
are responsible for procuring the necessary equipment to access and use the Services; |
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(b) |
are responsible for any content you transfer through the Services (including, but not limited to, email, web pages, newsgroups or chat Services; |
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(c) |
will use the Services only in accordance with all relevant laws and not for any illegal purpose; |
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(d) |
must not use the Services to distribute by any means computer viruses, macro viruses, trojan horses or worms to third parties; |
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(e) |
must not use the Service to transmit or post any material which is unlawful, harassing, libellous, invasive of privacy, abusive, threatening, harmful, vulgar, defamatory, offensive, or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety. |
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(f) |
will not interrupt, damage, or render service less efficient;must not in any way impair effectiveness or functionality of the Services; |
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(g) |
must not use the Services in any manner which constitutes a violation or infringement of any person, firm or company or its rights (including, but not limited to, third party intellectual property rights or confidentiality); |
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(h) |
must not use the Services to attempt any unauthorised access to any part or component of the Services or that of any third party; |
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(i) |
in the event that you have any right, claim or action against any User arising out of the use of the Services, then you will pursue such right, claim or action independently of and without recourse to us; |
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(j) |
must not carry out or participate in or promote or facilitate the carrying out or participation in any of the following: |
4.4 The Services are intended to appeal to a wide range of audience and as such not all of the Services are suitable for use by children. Parents and guardians are reminded of the importance of supervising young children's use of the Services. Parents or guardians of children shall be responsible for the actions of any such children.
4.5 You acknowledge and accept that you only have a personal non-exclusive non-transferrable licence to use and access the materials on the Service to search, view, copy and print out materials for your own use only according to the terms of this agreement and that you may not use any materials in whole or in part for commercial exploitation without prior written permission from us. Without prejudice to any of the remedies or recourses ITouch UK Ltd may have for the unauthorised assignment, transfer or use of the Service, all revenues derived by you from such unauthorised assignment, transfer or use shall belong solely to ITouch UK Ltd. You shall report any violations of these Terms and Conditions to the email address above.
4.6 You understand that we may provide extra services or attributes to the Services that are subject to charge.
4.7 Indemnity
You agree to indemnify us and our and their officers, directors and employees in full and immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you or any other person who may be authorised by you or for whom you are responsible or any other liabilities arising out of your use or the use by any person who may be authorised by you or for whom you are responsible (for example as an employer or as the parent or guardian of a child) of ITouch UK Ltd and/or the Services.
4.8 Our Rights
4.9 We reserve the right to:
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(a) |
charge for error messages sent by us to you as a result of any incorrect or incomplete details sent to us by you which prevents us from delivering the requested Service to you and for which we have to notify you of such non-delivery. Therefore you are advised to follow the instructions carefully; |
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(b) |
deny access to all or any part of the Services if the telephone calling line identification is blocked from the telephone line which you use to access the Services; |
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(c) |
close access to any features of the Services if your use of that feature is deemed excessive (i.e. leaving large volumes of email on the central servers) and against the interests of other Users of the Services; |
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(d) |
modify or discontinue, temporarily or permanently the Services with or without notice to you; |
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(e) |
suspend or deny access to all or any part of any e-mail or other communication address issued to you by us, web space or home page at any time without notice if we believe or receive a complaint or are made aware of a complaint related to the content or use thereof; |
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(f) |
reject your request for any personalisation of a mobile handset whether in whole or in part if such personalisation breaches or if We suspect such personalisation breaches any third party intellectual property rights. |
5. You confirm that we shall not be liable to you or any third party for any modification to or discontinuance of the Services.
5.1 We may change these Terms and Conditions and the Privacy Policy from time to time. Your continued use of any of the Services thereafter, will constitute acceptance of such changes. We reserve the right to terminate immediately without further notice your access to and use of the Services, if you do not accept any such changes.
6 .Back-Up of Content
You shall be responsible for keeping your own copies of all content published by you in connection with the Services. We will not be responsible for any file recovery or for files lost or otherwise deleted or removed by you.
7. Intellectual Property and Right to Use
7.1 You acknowledge and agree that all content presented to you through the Services or advertisers site whether in whole or in part is protected by local and international copyrights, trademarks, service marks, patents, or other proprietary rights and laws and is owned or licensed to us and is vested in us or our licensors
7.2 The material and content contained within the Services is for your personal use only and you agree not to (and agree not to assist or facilitate any third party to) modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute, commercially exploit or create derivative works of such material and content whether in whole or in part belonging to ITouch UK Ltd or any third party proprietary rights and intellectual property except as provided for on the website or expressly authorised in writing by ITouch UK Ltd. All rights are reserved.
7.3 All copies or print out of this website must include the copyright notice "ITouch UK Ltd ".
7.4 If you become aware of any such distribution or commercial exploitation you will let ITouch UK Ltd know immediately.
7.5 We have no knowledge of any infringement of copyright on our site, or in the products we provide. However, if you believe we have infringed your copyright or trademark, please contact us at info@itouch.co.uk so we can remove the offending material or rectify the situation as soon as possible.
8. Incompatibility and Delivery
8.1 You must obtain confirmation from your mobile service provider and/or mobile phone company that your mobile phone is compatible and able to receive our products before downloading any material and/or information from the Services. You acknowledge that we are not responsible for any costs or losses incurred by you, damage to your mobile phone or loss of data resulting from any such incompatibility.
8.2 Your ITouch UK Ltd transaction is charged at the rate posted on the site If the handset is switched off, out of range, or is incompatible, there is a possibility that the message will not reach the handset. Although ITouch UK Ltd endeavour to provide the highest level of customer service at all times, we cannot be held responsible for factors beyond our control, which may affect the delivery of items for download. A list of compatible mobile handsets is available on this website. It is important that you check this list before attempting to download any content.
9 . Severability
Each provision of these Terms and Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
14. Entire Agreement
These Terms and Conditions constitute the entire agreement between you and us and exclude any representations and warranties previously given or made other than any negligent or fraudulent misrepresentation and may be amended only by us on notice to you in accordance with Clause 14 (Notices) above.
15. Relationship
Nothing in this Agreement shall constitute, or be deemed to constitute a partnership, joint venture, representative or agency relationship between you and us.
16. Titles
The section titles contained in these Terms and Conditions are for convenience only and have no legal or contractual effect
17. Postal Contact Details
ITouch (UK) Ltd, Avalon House, 57-63 Scrutton Street, London, EC2A 4PF.
PRIVACY POLICY:
ITouch (UK) Ltd
PRIVACY POLICY
"us/our" means ITouch (UK) Ltd. and its associated companies.
1. Introduction
Your privacy is important to us. We are committed to protecting that privacy whenever personal information is requested from you. We comply with the data protection laws of the countries in which we operate.
2. We reserve the right to access and disclose your personal data to comply with applicable laws and lawful government requests, to operate our systems properly or to protect our users.
ITouch (UK) Ltd at Avalon House, 57-63 Scrutton Street, London, EC2A 4PF |