AFD Postcode Internet Online - Terms and Conditions
FOR THE AFD POSTCODE INTERNET ONLINE SERVICE PROVIDED BY AFD SOFTWARE LIMITED ("THE COMPANY")
IMPORTANT! This agreement sets out the Terms and Conditions (the "Terms and Conditions" or the "Agreement") which govern the Subscriber's ("you" or "your") use of this Website (the "Site") and the AFD POSTCODE INTERNET ONLINE BUREAU SERVICE (the "Service") that is linked to or is accessible on or from the Site. Please read this Agreement carefully before entering the Site or subscribing and making use of the Service. You may wish to print this page for reference.
By entering the Site and/or by making use of the Service you agree to and accept these Terms and Conditions. Access to and use of the Service and the Site is at your own risk. If you do not agree with these Terms and Conditions, please do not access the Site or make use of the Service. This agreement does not supersede the End User License Agreement. In the case of any conflict between these Terms and Conditions and the End User License Agreement, the terms of the End User License Agreement shall be controlling.
The Company may revise and update these Terms and Conditions at any time. Your continued use of the Site after such revision or update means that you accept such changes.
Description of Service:
The Service is a bureau service that allows subscription-only customers to submit fragments of address data to be resolved into full addresses. You are only permitted to access or use The Service on your public Internet Website(s). This license does NOT permit the access to or display of The Service on Intranet sites, private websites, any websites not intended for access by the general public, nor for access to The Service from your computers. For the avoidance of doubt, no person who is an employee, agent, officer or is anyway connected with the Licensee may access or use the Service other than for setting up and testing access or use of the Service or Site.
The Service is provided in units of service at a fixed price per unit according to the price published by the Company from time to time. Basic units must be prepaid by monthly Direct Debit. Initial payments, pending completion and activation of a Direct Debit Agreement, shall be made by either Cheque or Credit Card. A single unit shall provide access to the Service for a single computer for a single simultaneous action (thread) and will consist of: (i) up to 5,000 lookups or searches or part thereof as shown on the company's records; (ii) per one calendar month or part thereof; together a "Unit". Any additional Units will be invoiced for Direct Debit collection within ten banking days from date of billing.
Access to the Service:
Access to the Service is by means of HTTP requests across the internet. If you have not received a serial number and password from the Company after subscribing to the Service, you may not use the Site. You agree that you will not at any time disclose, transfer or permit any other person to use your serial number and password. You are responsible for taking all reasonable steps to ensure that no unauthorised person shall have access to your serial number and password. It is your sole responsibility to (a) control the dissemination and use of serial number and password; (b) authorise, monitor and control access to and use of your account and serial number and password; (c) promptly notify the Company of any need to reset or deactivate your serial number and password. The Company reserves the right to freeze or terminate accounts that do not conform to these requirements.
Discontinuation of Service:
The Company shall have the right at any time, without notice, to change, suspend, discontinue, withhold or refuse access to any aspect or feature of the Site or the Service, including, but not limited to, content, hours of availability and equipment and software needed for access or use. The Company may also impose limits on certain features and services or restrict your access to parts or the entire Site or Service without notice or liability. Should the Company however permanently or for a continuous period of seven days or more withdraw Service, a refund of any fees charged for that current month's services will be refunded pro rata to you.
Use of the Service:
You shall use the Service and the Site for lawful purposes only. You shall not post or transmit through the Site or Service any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law, or which, without the Company's express prior approval, contains advertising or any solicitation with respect to products or services. The Company may at its sole discretion at any time and without warning withdraw or withhold service to you if your activities are considered inappropriate or unlawful. Any conduct by you that in the Company's discretion restricts or inhibits any other Subscriber from using or enjoying the Site or the Service will not be permitted.
The Company may wish to identify you on the Site and in our marketing materials as a Subscriber to the Service. Use of the Site and the Service indicates your permission for the Company to use your personal data in this manner unless you notify the Company otherwise, in writing, within five business days from subscribing to the Site or the Service.
Variation of Terms of Service:
The Company shall have the right at any time to change or modify the Terms and Conditions applicable to your use of the Site and the Service, or any part thereof, or to impose new conditions, including, but not limited to, changing fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon the Company giving notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Your continued use of the Site or the Service after such notice shall be deemed to constitute acceptance of such changes, modifications or additions.
You acknowledge and agree that any communications made to or by means of any portion of the Site and the Service are public. You acknowledge that (i) you have no expectation of privacy in any communication; and (ii) no confidential, fiduciary, contractually implied or other relationship is created between you and the Company by reason of your transmitting a communication to any area of the Site or through the Service.
The Site and Service is the property of the Company or its Licensors and is protected by copyright and other intellectual property laws. It is expressly understood and agreed that all of the text, graphics, images and other material, and the organisation thereof and trademarks, software, copyrights, patents, trade secrets, processes and methods, know-how and other intellectual property rights embodied in or incorporated in the Site and Service, and any tangible copies and expressions thereof (the "Materials"), are and will continue to be the exclusive property of the Company or its Licensors. By using the Site and the Service and accessing the Materials, you agree that you will not take any action inconsistent with the Company's or its Licensors ownership rights and that you will abide by the copyright law and all other applicable international laws in general and the laws of the Isle of Man in specific with respect to such Materials.
Use of Content, Copyright and License to Download Material:
The Company owns or has licensed the copyright for all Materials posted on the Site and distributed through the Service, and unauthorised copying of any Materials or on-selling of the Service is prohibited (save in the case of on-selling for a service which is hosted entirely on the same server as the server which is the subject of a subscription to the Service). Subject to these Terms and Conditions, the Company grants to you, whilst your subscription to the Service subsists, a limited licence to download the Product Usage Data Files, Installation Software, Example and Instruction Pages and Web Building Templates for the sole purpose of enabling you to make use of the Service and have access to the Site. No other licensing rights are granted.
Limited Warranty and Customer Remedies:
The Company warrants that the Service will perform substantially in accordance with the description of service as found on the Site. No other warranties are given. The Company's (and its agents, employees, suppliers' and/or any other third party associated with or in the employ of the Company) total liability, if any, will be limited to one month's subscription paid up by you for the Service.
Disclaimers, Limitation of Liability and Force Majeure:
YOU EXPRESSLY AGREE THAT:
i. use of the Service and the Site is at your sole risk. The Company does not warrant that Service or the Site will be uninterrupted or error free;
ii. although the Company has attempted to provide accurate information on the Site and Service to you, the Company does not assume any responsibility for, or make any representation with respect to the accuracy or completeness of such information. You acknowledge that You are relying on your own judgement and skill to determine the suitability of the Site and Service for Your purposes and do not rely on any advice or recommendation that the Company may have provided to you;
iii. the Service accessible from or relating to this Site is provided "AS IS," and the Company expressly disclaims any implied or expressed warranties or conditions of any kind (except for the Limited Warranty provided in paragraph 10 above), including warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property relating to such Service;
iv. you specifically acknowledge that the Company is and will not be liable for any defamatory, offensive or illegal conduct by you or other third party as it relates to the Site and the Service;
v. the Company and its affiliates and agents shall not be liable for any infection by any virus or damage to any computer that results from the use, access to the Service or the Site or downloads of any Materials therefrom;
vi. the Company shall not be liable or responsible for any loss or damage caused in whole or in part by the occurrence of any contingency beyond the control of the Company, including but not limited to fires, civil unrest, riots, rebellions, accidents, explosions, interruptions or imperfections in telephone cables or computer systems, network or internet disruptions, electrical disturbances, power failures, satellite malfunctions or interruptions, floods, storms or any similar act or act of God;
vii. in no event shall the Company its affiliates or agents be liable for any damages whatsoever, including (without limitation, special, indirect, consequential or accidental damages, including, without limitation, damages resulting from the use or reliance on the information presented, loss of profits or revenues or cost of replacement of goods save as provided in paragraph 10 above; and
viii. compliance with data protection laws applying in any jurisdiction where the service is used by you or otherwise applying to you shall be your sole responsibility and you hereby warrant to the Company that you have and will comply with all such data protection laws in connection with your use of the Service.
If any part of this Agreement is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, it shall to that extent be severed from the remainder of the Agreement, which shall continue to be valid and enforceable.
You agree to defend, indemnify and hold harmless the Company, its affiliates, officers, agents and/or any other third party associated with or in the employ of the Company from and against all claims and expenses, including legal fees, arising out of your use of the Site and the Service or any use made of your account.
Either the Company or you may terminate this Agreement by providing the other with one month's written notice - such termination to take effect at the end of the calendar month following the month in which notice is given. Without limiting the foregoing, the Company shall have the right to immediately terminate your account in the event of any conduct by you which the Company, in its sole discretion, considers to be unacceptable, or in the event of your breach of this Agreement.
This Site originates from and is maintained in the Isle of Man and the terms of this Agreement are governed by Isle of Man Law. You agree to the exclusive jurisdiction of the Isle of Man courts in relation to any dispute, which may arise. Any export or use of the Service and Materials by you must be in compliance with all Isle of Man laws and regulations in effect at the time of such export or use. Users who access the Site from outside the Isle of Man do so at their own risk and are responsible for compliance with applicable Isle of Man and international laws.