Terms and Conditions
Terms and conditions of use of our site and the application. This site is for use by business only
These terms and conditions govern your use of the Site and/or the Application. You must read and agree them before we can undertake any services for you and as a visitor you will be deemed to have read and understood them whilst on the Site.
1. Definitions and Interpretation
In this Agreement the following terms will have the following meanings:
|We, Us, Our||means CONTACT FINDA LIMITED a company registered in England and Wales under company number 09332965 and whose registered address is 19 Hoadlands Petersfield Hampshire GU31 4PF|
|You, Your||means a subscriber to the Service|
|App||means the Contact Finda application|
|Account||means collectively the personal information, Payment Information and credentials used by Users to access any communications System on the Site|
|Commencement Date||means the date upon which we agree to start providing the Services to you|
|Content||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Site|
|EEA||means all countries in the European Economic Area and which can be located using this link: https://www.gov.uk/eu-eea|
|Fee||means the fee payable for the use of the Services and may be an annual subscription or a one off payment|
|Force Majeure Event||means an event within the categories defined by Clause 11|
|Legislation||means both the Data Protection Act 1998 and the General Data Protection Regulations (Regulation (EU) 2016/679) or either of them|
|Payment Information||means any details required for the purchase of Services from the Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes|
|Results||means the information and results we obtain on your behalf when you use the Services|
|Services||means collectively any online facilities, tools, services or information that we make available through the Site or the App either now or in the future|
|System||means any online communications infrastructure that we make available through the Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links|
|Term||means the period of 12 months from the Commencement Date|
|User||means any third party that accesses the Site and is not employed by us and acting in the course of their employment|
1.1 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.1.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
1.1.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.1.3 “Agreement” is a reference to the agreement which has come into existence between you and us after we have accepted you as a client and notified you of a Commencement Date and to which these Terms and Conditions will apply;
1.1.4 “these Terms and Conditions” is a reference to these terms and conditions as amended or supplemented at the relevant time;
1.1.5 a “Party” or the “Parties” refers to the parties to the Agreement.
2. Contract and Application
2.1 These Terms and Conditions apply to business customers only and you warrant that you are not a consumer and are over the age of 18.
2.2 No agreement for the provision of any Services will come into existence between us and you until we have accepted you as a client and notified you of the Commencement Date and if we do not accept you as a client, we will reimburse all payments you have made to us.
2.3 You acknowledge and agree that, for the purposes of the Legislation, we are the “Processor” and that you are the “Controller” of the data produced whilst using the Services and each party warrants to the other that it will comply with the duties imposed in relation to such roles under the Legislation.
3. Intellectual Property
3.1 Subject to the exceptions in Clause 4 of these Terms and Conditions all Content included on the Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is our property and you may not reproduce, copy, distribute, store or in any other fashion re-use that Content or any other material from the Site unless otherwise indicated on the Site or unless given express written permission to do so by us.
3.2 You grant us full licence and permission to use your logo, trademark and company details in any and all material we create and which is designed to promote the services we offer and even after we have finished supplying Services to you but you have the right, at any time, to serve notice on us in writing requiring us to cease such use and we will, from the date we receive such notice cease to use such details in all printed material produced after that date and, for all other material, we will remove such details as soon as we reasonably can.
4. Third Party Intellectual Property
4.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, copyright and trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
4.2 You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Site or unless given express written permission to do so by the rights owner.
5. The Services
5.1 With effect from the Commencement Date we will, throughout the Term, provide the Services to you in the following manner:
5.1.1 with reasonable skill and care;
5.1.2 in accordance with the information given to us by you; and
5.1.3 so as to ensure that they comply with all statutes, regulations, byelaws, standards, codes of conduct and any other rules relevant to the provision of the Services.
5.2 You accept and agree that the Services are offered to you on the basis that we are able to obtain the information necessary to provide them. If our use of the agents we employ to obtain the information needed to provide the Services is hampered in any way, you agree to accept such information as we can provide no matter how incomplete that information may be and that a failure to provide any information will be treated as a Force Majeure Event and dealt with in accordance with the provisions of Clause 11.
5.3 We will only provide the Services when full payment of the Fee for them has been received.
5.4 If Services are provided that do not conform with your request for them you must contact us within 5 days of receiving the defective result to inform us of the mistake.
5.5 We will retain all information we obtain as part of the Services for the shorter of:
5.5.1 the time at which you create a new request for the Services; or
5.5.2 a period of 30 days from the date the Services wereobtained; and
from and after that period we will delete such information from our System and will have no obligation to you to attempt its recovery.
5.6 You acknowledge and agree that:
5.6.1 all information we provide has been provided from the sources available to us;
5.6.2 such information has not been provided on an “opted in” basis and its use may be subject to prohibition by law; and
5.6.3 whilst we use reasonable endeavours to ensure its accuracy, we cannot guarantee the completeness or accuracy of any information we provide.
5.6.4 We may use sub-contractors and other third parties to provide the Services or to assist us in providing and we warrant that such sub-contractors and/or other third parties will comply, in all respects, with the Legislation.
6. Your Obligations
6.1 You may use the Results for your own use and benefit but you may not lend, give, lease, hire, sell or otherwise dispose of such Results without our prior written consent.
6.2 You agree and warrant that:
6.2.1 you or the entity you represent is resident in or trades from the EEA;
6.2.2 you will use the data with which we supply you solely within the EEA and not in any other country or region;
6.2.3 you will when using the Services and the data they provide comply at all times and in all respects with the requirements of the Legislation and any revisions or additions to it or made under or arising from it and, in particular, you will retain such records as the Legislation requires to be kept;
6.2.4 you own all of the data with which you supply us pursuant to the Services and that such data is not subject to any restrictions or conditions which would affect or influence the manner in which we deal with it;
6.2.5 you will not use the Results for any spam or other unsolicited mass email, postal or other campaigns of any nature;
6.2.6 all of the information which you supply to us to enable us to provide the Services is true, accurate and complete;
6.2.8 that your use of the data provided by the Services is for your legitimate interests and does not breach the Legislation or any part of it and, in particular, that you will not use the Services to process data where the subject is or could reasonably be said to be a child nor is it designed to process data which is prohibited by the Legislation;
6.2.9 that you have, in place full and effective safeguards to ensure that the use of the data provided by the Services complies, in all respects, with the Legislation;
6.2.10 that you will comply, in all respects, with the requirements of the Legislation relating to requests for information by data subjects.
6.3 You accept that you alone are responsible for the information which you provide to us and that if you use or publish any Results you will indemnify us, without limit, from and against all liability, direct or indirect, and including any consequential loss and our costs and fees which arise as a consequence of those Results containing any content which does or could give rise to any cause of action against us.
7. Use of Communications Facilities
7.1 When using the enquiry form or any other System on the Site you should do so in accordance with the following rules:
7.1.1 you must not use obscene or vulgar language;
7.1.2 you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.1.3 you must not submit Content that is intended to promote or incite violence;
7.1.4 submissions made to the Site must be made using the English language. We will delete any submissions made in other languages;
7.1.5 the means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
7.1.6 you must not impersonate other people, particularly our employees and representatives or our affiliates; and
7.1.7 you must not use our System for unauthorised mass communication such as “spam” or “junk mail”.
7.2 You acknowledge that we reserve the right to monitor any and all communications made to us or using our System.
7.3 You acknowledge that we may retain copies of any and all communications made to us or using our System.
7.4 You acknowledge that any information you send to us through our System or post in any chat rooms or forums we host on the Site may be modified by us and used by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
7.5 You agree that we may contact you by email or other means for support, marketing, logistical or other reasons at any time and that if any email we send to you is rejected or filed as spam or junk email that we may terminate the Agreement between us without compensating you for any unused portion of the Term.
8.1 In order to procure Services on this Site you will be required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Site and we may not require Payment Information until you wish to make a purchase. By continuing to use this Site you represent and warrant that:
8.1.1 all information you submit is accurate and truthful;
8.1.2 you have permission to submit Payment Information where permission may be required;
8.1.3 you will keep this information accurate and up-to-date; and
8.1.4 your creation of an Account is further affirmation of your representation and warranty.
8.2 You must not share your Account details with any other entity, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you.
8.3 If you have reason to believe that your Account details have been obtained by another without consent, you must contact us immediately and we will suspend your Account and cancel any unauthorised orders or payments that may be pending as soon as we can. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment, we accept no liability or responsibility.
8.4 We have the right to reject any username and to require you to furnish an alternative.
9.Fees and Payment
9.1 You will pay the Fees to us in accordance with the provisions set out on the Site.
9.2 All payments required to be made by you will be made within 5 days of your receipt of the relevant invoice.
9.3 All payments required to be made under this Agreement by you will be made in cleared funds to such bank as we nominate from time to time and without any set-off, withholding or deduction.
9.4 Where any payment under this Agreement is due on a day that is not a Business Day, it will be made on the next following Business Day.
9.5 Without prejudice to sub-Clause 10.2.1, any sums which remain unpaid following the expiry of the period set out in sub-Clause 9.2 will incur interest on a daily basis at 6% above the base rate of Barclays Bank plc from time to time until payment is made in full and whether before or after judgment.
9.6 All Fees are exclusive of VAT.
10. Term and Termination
10.1 The Agreement will continue for the Term subject to the following provisions.
10.2 We may immediately terminate the Agreement by giving written notice to you if:
10.2.1 any sum owing to us by you under any of these Terms and Conditions is not paid within 10 days of the due date for payment;
10.2.2 you commit any other breach of any of the provisions of these Terms and Conditions and, if the breach is capable of remedy, fail to remedy it within 10 days after being given written notice giving full particulars of the breach and requiring it to be remedied;
10.2.3 a receiver is appointed over any of your property or assets;
10.2.4 you make any voluntary arrangement with your creditors or, being a company, become subject to an administration order (within the meaning of the Insolvency Act 1986);
10.2.5 you, being an individual or firm, have a bankruptcy order made against you or, being a company, go into liquidation;
10.2.6 anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to you; or
10.2.7 you cease, or threaten to cease, to carry on business.
10.3 For the purposes of sub-Clause 10.2.2, a breach will be considered capable of remedy if you can comply with the provision in question in all respects.
10.4 The right to terminate the Agreement will not prejudice any other right or remedy we have in respect of the breach concerned (if any) or any other breach.
11. Force Majeure
If something outside our control happens and that prevents us from performing the Services then you accept that we are not liable for the consequences of that failure (this includes such things as strikes, riots, fires, explosions, war, floods and so on). If such an event does happen we will tell you as soon as we are able and resume the Services as soon as we can. If we cannot perform the Services within a reasonable time, we can cancel them and if we do we will refund to you a fair and reasonable proportion of any payment you have made to us.
12.1 We make no warranty or representation that the Services will meet your requirements, that they will be of satisfactory quality, that they will be fit for a particular purpose, that they will not infringe the rights of third parties, that they will be compatible with all systems, that they will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
12.2 No part of the Site is intended to constitute advice and the Content of the Site should not be relied upon when making any decisions or taking any action of any kind.
12.3 No part of the Site is intended to constitute a contractual offer capable of acceptance.
12.4 Whilst we use reasonable endeavours to ensure that the Site is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
12.5 You accept that the nature of our Services is such that the Results they provide can and will vary in a manner which cannot be forecast and you accept that we make no warranty that the Services we provide will lead to any direct or indirect benefit to you.
13. Availability of the Site
13.1 The Services are provided “as is” and on an “as available” basis. We give no warranty that the Services will be free of defects and/or faults. To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
13.2 We accept no liability for any disruption or non-availability of the Site or the Services resulting from external causes including, but not limited to, the failure of any search engine or its refusal to accept the queries we submit, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
14. Limitation of Liability
14.1 To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Site or any information contained within it and Users use the Content at their own risk.
14.2 Nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.
14.3 Nothing in these Terms and Conditions excludes or restricts our liability for any direct or indirect loss or damage arising out of the incorrect provision of Services but our liability for any such claim (including all costs and expenses) will be limited to the total amount of Fees you have paid for such Services.
14.4 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and will not affect the validity and enforceability of the remaining Terms and Conditions. This term will apply only within jurisdictions where a particular term is illegal.
15.1 You accept and agree that we may store all and any personal data with which you supply us for the maximum period permitted by law.
15.2 You agree that we may retain and use all data with which you supply us and which is not personal data as defined by the Data Protection Act 1998 without advising you or seeking your consent to use the same and for any reason we, in our absolute discretion, think fit.
15.3 We agree not to share your data or any part of it with any third party nor in any way to use it in connection with any third party project.
16. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this will not be construed as a waiver of that right or remedy.
17. Assignment and Sub-Contracting
17.1 Subject to sub-Clause 18.2, the Agreement will be personal to the Parties. Neither Party may assign, mortgage, charge (otherwise than by floating charge), sub-license or otherwise delegate any of its rights thereunder, or sub-contract or otherwise delegate any of its obligations thereunder without the written consent of the other Party.
17.2 We will be entitled to perform any of our obligations through any other member of our group or through suitably qualified and skilled sub-contractors. Any act or omission of such other member or sub-contractor will, for the purposes of the Agreement, be deemed to be our act or omission.
18. Relationship of the Parties
Nothing in the Agreement will constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the Parties other than the contractual relationship expressly provided for in the Agreement.
19. Third Party Rights
Nothing in these Terms and Conditions will confer any rights upon any third party.
20.1 All notices / communications will be given to us either by post to our Registered Office or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
20.2 All notices / communications will be given by us to the email address you registered with us and will be deemed received on the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
21. Law and Jurisdiction
These Terms and Conditions and the relationship between you and us will be governed by and construed in accordance with the Laws of England and Wales and we and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.