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General
These terms of use govern the relationship between you and us under
which we will provide you with access to and use of our website located
at vitalnumbers.vital-tel.co.uk (the "Site"), and the information and
services we offer, from time to time via that site. By accessing or
otherwise using the Site, you agree to be bound by these terms of
use and acknowledge that we provide the Site to you on these terms.
Our Privacy Statement forms part of these terms of use.
You must read and accept (or reject) the terms of use as a condition
of you using or relying on any part of this Site or goods or services
provided via the Site. If you do not accept these terms and the Privacy
Statement then you must not use the Site. You acknowledge that continued
use of the Site will be deemed to be an acceptance by you of these
terms.
We may change these terms of use at any time. Amendments will take
effect when posted on our Site.
User Obligations
If you upload or otherwise provide any information or content ('Content')
in the course of accessing or using the Site, you agree that such
Content will be available to us to use in any manner we think fit,
subject to applicable laws.
You agree that your use or access of the Site (including any uploading
or providing of Content) will not (either directly or indirectly)
be conduct which:
is defamatory, fraudulent, unlawful, threatening, intimidating, harassing,
harmful, hateful, abusive, tortious, vulgar, obscene, invasive of
another's privacy, sexist, racist, violent, degrading; or
• infringes the intellectual or other proprietary interests
of third parties, or otherwise damages our reputation or goodwill;
or
• impersonates another person or entity, falsely states or otherwise
misrepresents your affiliation with a person or entity, attempts to
solicit personal information from another user, contains sexually
explicit language or images, advertises or promotes the sale of products
or services such as firearms, tobacco or alcohol, adult products and
services and any other products or services we consider to be inappropriate;
or
• contains spam, links, pop-ups, chain letters, pyramid and
other such selling and marketing schemes, computer viruses, Trojan
horses, computer code, files or programs or other harmful components
that interrupt, destroy, corrupt, change or limit the functionality
of the Site or any data, computer software, hardware or electronic
equipment, or contains information which in any way impinges on another
user's use or enjoyment of the Site, or otherwise breaches or encourages
other users to breach these terms of use; or
• violates any law, statute or regulation, or is contrary to
any relevant standards or codes; or
• forges information to disguise the origin of any Content;
or
• encourages or incites any other person to engage in any of
the above behaviour.
You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sub-licensable right to exercise the intellectual property
you have in any Content, in all media now known or not currently known.
Intellectual property
We own, or are otherwise licensed to use, all intellectual property
in the Site (including the content, design, text, graphics, software
and any other material appearing on the Site), unless indicated otherwise.
Subject to these terms of use, we grant to you a non-exclusive and
non-transferable licence to view, download and use information directly
accessible through the Site for personal or non-commercial use.
You agree that you will not, either directly or indirectly, infringe
our intellectual property or other property rights (or any of our
licensors' rights) in the Site (which may now or in the future subsist)
and will not, either directly or indirectly, reproduce, modify, transmit
(including broadcast), copy, adapt, sell, publish, frame, reverse
engineer, decompile, distribute or communicate any part of the Site
or any information contained therein or otherwise use them in a way
which will infringe our intellectual property or other property rights
(or any of our licensors' rights), except as permitted by law or with
our prior written consent.
Disclaimer
Except as otherwise provided by law, the Site is provided "as
is" and without any warranty or condition, express or implied.
We do not warrant that the information contained in or accessible
through the Site is accurate, reliable, and suitable for your purposes
or without errors, omissions or viruses nor do we guarantee continuous,
uninterrupted or secure access to the Site.
You acknowledge that access and use of the Site (including the software
operating in connection with the Site) may be interfered with by numerous
factors outside of our control. We do not warrant the accuracy, completeness
or reliability of any advice, opinion, statement, representation or
other information displayed on or accessible through the Site. Except
as provided by law, we make no representations or warranties in respect
of the information and materials available on, or accessible through,
the Site or the means of accessing that information and material (including
the software operating in connection with the Site). We make no warranty
or representation, accept no responsibility for, nor do we endorse,
any websites, advertisements, sponsorships or other information operated
or controlled by entities other than us which are or may become linked
or framed to, or from, the Site. You access those sites and use the
products and services made available at those sites solely at your
own risk.
Prices appearing on the Site are not offers either from us or any
applicable third parties. They are an invitation for you to make an
offer. Please read the terms and conditions of the relevant product
or service before entering into a transaction on the Site.
We are not liable for any failure to perform our obligations if we
are prevented from doing so by an event beyond our reasonable control
(which may include, without limitation, strikes; labour disputes;
acts of God; war; riot; civil action; malicious acts or damage; compliance
with any law, governmental or regulatory order, rule, regulation or
direction; virus or other harmful components; any act or omission
of any government or other competent authority; accident; equipment
or services failure, including the unavailability of third party telecommunications
services, lines or other equipment; fire; flood or storm).
Liability
All warranties, conditions, undertakings, representations and terms
whether expressed or implied, statutory or otherwise are hereby excluded
to the fullest extent permitted by law.
Save in respect of liability for death or personal injury arising
out of negligence or for any fraud or fraudulent misrepresentation,
Vital Phone Ltd and all contributors to the Site hereby disclaim
and exclude to the fullest extent permitted by law all liability for
any loss or damage whatsoever and howsoever incurred including any
direct, indirect, consequential, special or secondary loss or damage,
damage to goodwill or property or with respect to loss of data, income
or profits or any loss of anticipated savings incurred by you or any
loss or damage arising from the consequences of viruses received by
you via the Site, whether arising in tort (including negligence),
contract or otherwise, and arising out of or in relation to your access
to or use of or inability to use the Site and the information contained
therein, or any software or content supplied to you in connection
with the Site, or any goods or services we provide or make available
to you via the Site (other than as may be expressly set out in any
separate terms and conditions relating to such products or services),
or in connection with any failure of performance, error, omission,
interruption, defect, delay in operation or transmission, computer
virus or line or system failure even if Vital Phone Ltd or its employees
or agents are advised of the possibility of such damages, losses or
expenses.
You indemnify us against any action, liability, claim, loss, damage,
proceeding, expense (including legal costs) suffered or incurred by
us, arising from, or which is directly or indirectly, related to:
• your breach or non-observance of any term of these terms of
use;
• any breach or inaccuracy in any of your representations or
warranties; or
• your use of the Site.
Amendments
We are entitled at our sole discretion to change, add or remove any
part of these terms of use and to change, add or delete any features
of the Site at any time by posting or uploading the amended terms
of use on the Site or by notifying you by any other means of communication.
Your continued use of the Site after this time constitutes an agreement
by you to abide by and be bound by these conditions of use, as so
amended.
Breach and termination
If, in our reasonable opinion, you breach any provision of these terms
of use, or your use of the Site is unlawful, we may immediately issue
a warning, temporarily suspend or permanently prevent your access
to all or parts of the Site, regardless of whether other users still
have access to the Site. In any event, we may terminate these terms
of use (and your right to use the Site) at any time and for any reason
without prior notice to you. We also reserve the right to withdraw
the Site in our absolute discretion.
Invalidity and inconsistency
If any part of these terms are unenforceable (including any provision
in which we exclude our liability to you) the enforceability of any
other part of these terms will not be affected. In the event that
anything in the Site conflicts with these terms of use, then these
terms of use will prevail to the extent of such inconsistency.
Governing law
These terms shall be governed by and interpreted in accordance with
English law and the courts of England and Wales shall have exclusive
jurisdiction to resolve any disputes between us.
We have designed the Site for use only within England and make no
warranties or representations with regard to use by persons accessing,
downloading or otherwise using the Site outside England.
The Site is available only to people using the Site in England who
can form legally binding contracts under applicable law.
Entire agreement and relationship
These terms set out the whole of our agreement relating to use of
and access to the Site. No agency, partnership, joint venture, employee-employer
or franchisor-franchisee relationship is intended or created between
you and us by these terms of use.
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