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Terms & conditions of use of this site |
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AGREEMENT BETWEEN ARDENCOM LIMITED AND USERS OF THIS WEB SITE
1. Corporate Identity
Ardencom Limited is a company registered in England whose registered office is Emstry House North, Shrewsbury Business Park, Shrewsbury, Shropshire, SY2 6LG and whose registered number is 4441013.
Ardencom has notified the Information Commissioner under the Data Protection Act 1998. Our data protection official is the Company Secretary.
2. Limitation on Use
You may only make use of the information provided on our Web site for your own personal and non-commercial use, unless you are an Ardencom business partner in which case your use must be restricted to commercial use relating to our mutual business interests. In particular, you may not copy, distribute, disseminate, publish or re-use any of the information available through our Web site (whether in duplicate or modified form). You may not make use of such information to provide services, whether similar or otherwise, to any other person except with our prior and express written permission.
The creation of a hypertext link to our Web site (whether to our Home page or any other page) is not permitted without our prior and express written permission. In particular, 'framing' or 'deep-linking' (linking to pages other than our Home page) is expressly forbidden. However, if you do nonetheless create a link to a page of our Web site, you do so at entirely your own risk and subject to all the conditions, exclusions and limitations set out in these terms and conditions.
The products, services and tariffs covered by our Web site apply to and are available only in the United Kingdom unless otherwise stated. Any advertising material included in our Web site is intended for the market in the United Kingdom only.
3. Intellectual Property Rights
All trade marks (whether registered in the United Kingdom or elsewhere or unregistered) belonging to others, such as our network and carrier partners (which may, for example, be the name or logo of the partner or any product or service the partner provides) are acknowledged.
All the contents of our Web site, including our Web pages, databases, and other software (for example, underlying computer programs, applets, algorithms and non-literal elements) are protected by copyright and neighbouring rights (such as the database right) in the United Kingdom and elsewhere. Such rights are owned by or licensed to Ardencom Ltd, its suppliers, sub-contractors or partners, as appropriate. All other rights are reserved.
No part of our Web site may be copied, distributed, disseminated, published or re-used (whether or not in modified form), otherwise than with our prior and express written permission, other than temporarily as transient copies made in your computer's volatile memory during your use of our service or by printing a record for your own personal and non-commercial use.
4. Distance Selling and Consumer Rights
The Office of Fair Trading has regulations which govern distance selling and you have rights as a Consumer. We respect your rights and our terms and conditions of business encompass your rights to cancel any services you request directly from us and will give you the required information, including details of the 'cooling off' period after you have placed an order with us, in accordance with the Consumer Protection (Distance Selling) Regulations 2000.
5. Personal Information
Please read our Privacy Policy which explains to you the use we make of personal information you provide to us or which we gather from you and the measures we take to protect your privacy.
We also provide details as to how you may alter, amend or delete your personal information from our records as well as how to request us to cease contact with you.
6. Liability
We, our partners and others providing information to this Web site may periodically make changes or improvements in this Web Site at any time without prior warning.
All reasonable efforts are made by us to ensure the accuracy of all the information available on our Web site, whether or not relating to products, services, tariffs, terms and conditions of the provision or supply of any product or service, prices, rates, discounts, taxes or descriptions of our partners or others, including potential savings available to you. However, we make no warranties about the accuracy of such information (whether produced by or on behalf of ourselves or by our partners or others) and you are strongly advised to verify details of products, services, tariffs, terms and conditions of the provision or supply of any product or service, prices, rates, discounts, taxes and savings directly with the relevant partner or provider.
We make no warranty about the suitability of the products, services and tariffs mentioned or contained within our Web site. It is entirely your own responsibility to confirm that any product is of satisfactory quality and fit for your intended purpose and that any service or tariff is appropriate for your requirements and that all the relevant terms and conditions are appropriate to your circumstances and requirements, including any arrangements you may make for paying for or financing the product or service.
In no event shall we or our suppliers, sub-contractors, affiliates or partners be liable for any loss of profit, loss of opportunity, loss of business, loss of revenue, wasted time, wasted costs, indirect, incidental, special, or consequential loss arising out of or in any way connected with the use of this Web site or with any delay or inability to use this Web site for whatever reason, or for any information, products, and services obtained through this Web site, or otherwise arising out of the use of this Web site, whether based on contract, tort, strict liability or otherwise, even if we or our suppliers, sub-contractors, affiliate or carrier partners have been advised of the possibility of such losses or damages.
Except in relation to liability for death or personal injury resulting from negligence, our liability and that of our suppliers, sub-contractors, affiliate or carrier partners for direct loss arising out of the use of this Web site, whether based on contract, tort, strict liability or otherwise, is hereby excluded.
We can accept no responsibility for any failure delay or waiver made given or caused by any of our partners to whom we may effect an introduction on your behalf.
You are advised that new products, services or tariffs may be introduced or existing products, services or tariffs may be modified, suspended or revoked by our partners with or without notice. Whilst we endeavour to update our Web site within a reasonable time after being notified of such changes by our partners or becoming aware of such changes, we cannot accept any liability should any partner provide us with inaccurate, misleading or incomplete information which we take in good faith or if they fail to notify us in a timely manner of changes in their products, services or tariffs.
You should be aware that changing patterns of use and aspects of the provision of telephone services may result in the savings that you make being less or greater than those indicated in our comparisons.
We do not monitor or review the contents of other Web sites which are linked to and from this Web site. We are not responsible for any opinions expressed on such other Web sites or material contained on them or accessible from them and should not be taken to be the publisher or disseminator of such opinions or material nor should we be taken to approve such opinions or material or make any express or implied recommendation in respect of them.
All warranties, terms and conditions implied by law are excluded to the maximum extent permitted by law.
Non-Business Consumers: Your statutory rights are unaffected by the above.
7. Taxes, etc
You will be responsible for all fees, duties, taxes and assessments arising out of the use of this Web site.
8. Age and capacity, etc
You warrant that you are at least 18 years of age and you will be financially responsible for all your use of this Web site (including any use made by you in respect of any persons under the age of 18 years of age for whom you are parentally or legally responsible or by any person for whom you are legally entitled to act) and for any other person's use of this Web site through your IP address. You also warrant that any person using this Web site through your IP address will give accurate and true information.
You also warrant that you have the legal capacity to enter into a contract on your own behalf or on behalf of anyone for whom you act.
9. Agency
You agree that your use of this Web site or anything in this agreement does not create a joint venture, partnership or agency relationship between us and you.
10. Entire agreement
These terms and conditions represent the entire agreement between ourselves and you and no other representations, whether oral, in writing, transmitted by electronic means or made on our Web site or other sites to which this site links to or from, forms part of the agreement between us.
11. Severability
In the event that any part of this agreement is held to be invalid or unenforceable, then that part will be struck out leaving the remainder of the agreement to continue in effect, such part being held to be invalid or unenforceable being replaced by a valid and enforceable provision which most closely conforms with the spirit of the part struck out to the extent, if any, it is possible to do so.
12. Evidential status
A printed version of this agreement and any notice or communication given in writing or electronic form shall be admissible in evidence in judicial or administrative proceedings.
13. Dispute resolution
If any dispute arises in connection with this Agreement, the parties hereto agree to attempt to resolve such dispute by negotiation. In the event that a negotiated settlement cannot be reached, the parties agree to attempt to settle it by mediation in accordance with the model procedure of the Centre for Dispute Resolution. Neither party may commence court proceedings or arbitration proceedings until the negotiation and mediation processes have been exhausted without a settlement being reached and irrevocably agreed to by the parties.
14. Headings
The headings included in this document are for guidance only and have no impact or effect on any meaning or interpretation of the provisions contained herein.
15. Applicable Law and Jurisdiction
This agreement is subject to the English Law and is subject to the sole and exclusive jurisdiction of the English courts.
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