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Terms & Conditions
PARTIES
- This Agreement is made between you the customer ("Customer") and Choose Ltd Limited, Company No 05628680 registered in England having its registered office at 83 Spences Lane, Lewes, East Sussex, BN7 2HQ, United Kingdom
- In this Agreement, unless the context otherwise requires:
"Internet" means the global data network comprising interconnected networks using the TCP/IP ("Transmission Control Protocol/Internet Protocol");
"Law" means any law, statute or regulation, guideline or code of conduct (whether or not having the force of law) in any jurisdiction to which Choose Ltd or the Customer is from time to time subject;
"Service" means the service provided by Choose Ltd via the ChooseISP.co.uk website whereby the Customer may obtain impartial information on the Suppliers and the services and products they offer and, potentially transact with the Suppliers for the provision of those services and/or products;
"Software" means any proprietary software utilised by Choose Ltd to enable the Customer to use the Service;
"Supplier" means any supplier of services, products and/or goods selected by Choose Ltd from time to time and who is listed on the ChooseISP.co.uk website.
- Choose Ltd reserves the right to amend these terms and conditions at any time. All amendments to these terms will be posted on this page,
online. The Customer may terminate the Agreement by written notice to Choose Ltd if the Customer does not wish to be bound by such new terms
and conditions. Continued use of the Service or the ChooseISP.co.uk website will be deemed to constitute acceptance of the new terms and conditions.
PROVISION OF THE SERVICE
- Use of the ChooseISP.co.uk website is subject to the terms and conditions set out in this Agreement.
- The Service is made available to Customers solely to communicate information and to permit the Customer to obtain quotations from or make applications
to Suppliers or transact with Suppliers. Choose Ltd will not be party to any such transactions with Suppliers and all such transactions are
subject to the terms and conditions of the relevant Supplier and Choose Ltd shall in no circumstances have any liability whatsoever in respect
of any such transaction. Choose Ltd will not be responsible for any loss, cost or damage incurred by Customers arising out of or in relation
to the transaction or attempt to enter into a transaction (including but not limited to failure to transmit or deliver any services, products
or goods).
- Choose Ltd does not warrant and excludes all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Services on or accessed via the ChooseISP.co.uk website and the Customer agrees that sole responsibility for the accuracy, completeness, fitness for purpose or legality of information relating to Supplier's information, goods or services shall rest with the Supplier.
- Choose Ltd will use all reasonable endeavours to ensure that the information relating to Suppliers' services and the cost of such services is updated regularly. However, the Customer acknowledges that the figures are not updated every day and that it is the Customer's responsibility to verify the figures with the Supplier.
- Choose Ltd does not guarantee to provide the Service free of faults. In the event of a fault in the Service, the Customer should report it by email to Choose Ltd using the contact form on the ChooseISP.co.uk website.
- Choose Ltd does not warrant that the Customer's use of the Service will be uninterrupted and does not warrant that any messages or information transmitted via the Service will be transmitted accurately, reliably, in a timely manner or at all.
- Choose Ltd may at any time withdraw any Supplier (or any product or service of a Supplier) from the Service.
- Without limitation, the Customer undertakes not to use or permit anyone else to use the Services or ChooseISP.co.uk website:
(i) to send or receive any material which is grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
(ii) to cause annoyance, inconvenience or needless anxiety;
(iii) to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
(iv) other than in conformance with accepted Internet practices and practices of any connected networks; or
(v) in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
- If the Customer uses (or anyone other than the Customer, with Customer's permission uses) the Service in contravention of this Agreement, Choose Ltd may suspend the Customer's use of the Services
- If Choose Ltd suspends the Services, it may refuse to restore the Services until it receives an assurance from the Customer, in a form deemed acceptable by Choose Ltd that there will be no further breach of the provisions of this Agreement.
- The Customer grants Choose Ltd a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any material transmitted by the Customer via the Services, save where such message is transmitted by way of private correspondence.
- Title, ownership rights and intellectual property rights in and to the content accessed using the Services is the property of the applicable content owner or Supplier and may be protected by applicable copyright or other law. The Agreement gives the Customer no rights to such content.
- The following uses of the Services are expressly prohibited:
(i) resale of the Services and/or the Supplier's services, products and/or goods without the prior written consent of Choose Ltd or the
relevant Supplier;
(ii) furnishing false data including but not limited to false names, addresses and contact details and fraudulent use of credit/debit card
numbers;
(iii) attempting to circumvent Choose Ltd's security or network ("cracking") including, but not limited to, accessing data not intended for the Customer,
logging into a server or account the Customer is not expressly authorised to access, or probing the security of other networks (such as running
a SATAN scan or similar tool);
(iv) executing any form of network monitoring which will intercept data not intended for the Customer;
(v) sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not
specifically request such material. The Customer is explicitly prohibited from sending unsolicited bulk mail messages. This includes, but is not
limited to, bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such
material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving e-mail of this nature, the Customer
may not send that person any further e-mail;
(vi) creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive
such mailings;
(vii) malicious e-mail, including, but not limited to, "mail-bombing" (flooding a user or site with very large or numerous pieces of e-mails);
and
(vii) entering into fraudulent transactions with Suppliers (which shall be include but not be limited to entering into transactions purportedly
on behalf of a third party where the Customer has no authority to bind that third party or the Customer pretending to be a third party);
(viii) unauthorised use, or forging, or mail header information.
PAYMENT
- Use of the ChooseISP.co.uk website is currently free. However, Choose Ltd reserves the right to charge the Customer for certain services or
impose charges for use of services that were free. The Customer will be clearly notified of any applicable charges before any such services
can be selected or before any charges are levied.
- The Customer shall be responsible for transmitting all payments due to Suppliers on the terms agreed with the relevant Supplier and Choose Ltd shall have no responsibility for transmission of payments to a Supplier.
INTELLECTUAL PROPERTY RIGHTS
- All intellectual property rights (including all copyright, patents, trade marks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements) whether registered or unregistered) in the ChooseISP.co.uk website information content on the ChooseISP.co.uk website, any database operated by Choose Ltd and Software shall remain the property of Choose Ltd and the Customer shall not, and shall not attempt to obtain any title to any such intellectual property rights.
- Choose Ltd grants the Customer a non-exclusive non-transferrable licence to use such Software solely in executable form and only to the extent necessary for use of the Service and for no other purpose.
TERMINATION
- Choose Ltd shall be entitled to suspend the Services and/or terminate this Agreement if:
(i) the Customer commits a breach of any clauses in this Agreement which in Choose Ltd's reasonable opinion is serious enough to merit immediate termination; or
(ii) the Customer commits any breach of these terms and in the case of a breach which is capable of remedy, fails to remedy the same within 7 days after receipt of a notice giving particulars of the breach requiring it to be remedied; or
(iii) Choose Ltd suspects on reasonable grounds that the Customer may have committed or be committing any fraud against Choose Ltd or any Supplier.
- The right to terminate this Agreement shall not prejudice any other right or remedy of Choose Ltd in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
INDEMNITY
- The Customer shall indemnify Choose Ltd against each loss, liability or cost incurred by Choose Ltd arising out of:
(i) any claims or legal proceedings arising from the Customer's use of the Services which are brought or threatened against Choose Ltd by any other person; or
(ii) any breach of this Agreement by the Customer.
LIMITATION OF LIABILITY
- Except as otherwise provided herein, Choose Ltd shall not have any liability other than in respect of:
(i) death or personal injury arising from its own negligence or that of its employees, agents or contractors while acting in the course of their employment by Choose Ltd; or
(ii) any liability of Choose Ltd which cannot by Law be excluded or restricted.
- In performing any obligation under this Agreement, Choose Ltd's only duty is to exercise reasonable care and skill.
- Choose Ltd does not warrant and excludes all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Services and Choose Ltd excludes all liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature.
- Choose Ltd is not liable in contract, tort (including liability for negligence), or otherwise for loss, whether direct or indirect of business, revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatsoever.
NO PARTNERSHIP/AGENCY
- Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between the Customer and Choose Ltd and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
ASSIGNMENT
- The Customer shall not assign or delegate or otherwise deal with all or any of its rights or obligations under this Agreement. Choose Ltd shall have the right to assign or otherwise delegate all or any of its rights or obligations under this Agreement to any person or entity.
FORCE MAJEURE
- Choose Ltd shall not be liable for any breach of its obligations under this Agreement where it is hindered or prevented from carrying out its obligations by any cause outside its reasonable control, including without limitation by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
ENTIRE AGREEMENT AND NO WAIVER
- This Agreement represents the entire understanding between the parties in relation to the subject matter herein and supersedes all other agreements or representations by either party, whether oral or written.
- No waiver by Choose Ltd of any default of the Customer under this Agreement shall operate or be construed as a waiver by Choose Ltd of any future defaults, whether or a like or different character. No granting of time or other forbearance or indulgence by Choose Ltd to the Customer shall in any way release, discharge or otherwise affect the liability of the Customer under this Agreement.
NOTICES
- Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than for the purpose of legal process) sent by fax or pre-paid post to the Customer at the address supplied to Choose Ltd or to Choose Ltd at its address as specified on the ChooseISP.co.uk website.
GOVERNING LAW
- This Agreement shall be governed by and construed in accordance with the laws of England and Wales and both parties hereby submit to the non-exclusive jurisdiction of the courts of England and Wales.
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Terms & Conditions