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Terms and Conditions for use of AP Information Services Ltd. Datanow web site

Important: These are the Terms and Conditions upon which we provide Datanow, produced by AP Information Services Ltd., and by accessing the such site, you agree to these terms and conditions. If you do not agree to these terms and conditions, you should not use the Site. If you have any questions please contact data@apinfo.co.uk. We recommend that you print a copy of these terms and conditions for your records.

Definitions

You means the user of the site.
We/us means AP Information Services Ltd. (APIS)
Site means the site on the World Wide Web known as Datanow and located at www.datanow.co.uk
Content means the information and other material available within the Site.

Rights granted/rights reserved

You acknowledge that the content is made available to you for your personal use only and that you may download the Content onto only one computer hard drive. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, distribute, publish, commercially exploit or create derivative works of the Content.

Liability

You agree that, except for death and personal injury arising from our negligence we shall not be responsible liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising directly or indirectly from or in anyway connected with the Site or your use of or reliance upon the Content or any information you obtain by means of the Site or any bookings or purchase you make of goods and/or services through your use of the Site, including, without limitation, damage for loss of profits, loss of business, or any other consequential or pecuniary loss (even where we have been advised of the possibility of such loss or damage).

You agree and acknowledge that you are solely responsible for evaluating any goods or services offered by third parties via the Site. You acknowledge any bookings or purchase goods or services made by you through the Site shall be subject to the terms and conditions of the third party supplying the service and that we will not be a party to or in anyway responsible for or liable to you in respect of any transactions between you and third parties.

We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party.

Availability of the Site

You acknowledge that it is technically impossible to provide the Site free of faults and that we do not undertake to do so; that faults may lead to temporary unavailability of the Site; and that the Site may be adversely affected by conditions and performances outside our control, including without limitation, transmission and telecommunications links between us and you and between us and other systems and networks.

Links to Other Sites

We may provide links to other websites. You acknowledge and agree that we are not responsible for the availability of such external Sites, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or available from such sites.

Use of the Site / Indemnification

You undertake

1. not to use the Content for any unlawful purpose
2. that you shall not make any use of the Site such that the whole or part of the Site is interrupted, damaged, rendered less efficient, or the effectiveness or functionality of the Site is in any way impaired
3. not to use the Site for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety
4. not to use the Content in whole or part to prepare, compile or contribute to other directories or information storage systems without written permission of APIS
5. not to use the Content in whole or in part to prepare, compile or contribute to other mailing lists, without written permission from APIS

Intellectual Property

You acknowledge that all copyright, trademarks and all other intellectual property rights in the Content shall remain vested in us or our licensors. Measures have been adopted in the preparation of this Site which will assist APIS to protect its copyright. Any unauthorised use of the data will result in immediate legal action.

Privacy policy

APIS is committed to protecting your privacy, and complies with the Data Protection Act 1998. APIS collects business information, including business contact information only. The core aim of our business is to help the business-to-business market by publishing trade directories, databases and websites etc. We therefore comply with all data regulations regarding business information. APIS are members of the Direct Marketing Association and the Directory and Database Publishers Association.

APIS collects and uses information from users of its websites in the following ways. By using this website or service you consent to this collection and use of information.

Contact details
Contact details provided by you (such as your name, job title, telephone and fax number and your e-mail and postal addresses) may be used occasionally to tell you about important changes to our services or websites and their functionality or any special offers that may be of interest to you.

Your details may also be used by us to provide you with information about our services and products and disclosed to third party businesses and advertisers for the same purposes. If you do not wish us to use this information in this way, please send an email to: complianceofficer@apinfo.co.uk

Company Entry Details
Details of personnel provided to us in company entries will be published in our business directories which may be in printed, CD and online formats. The individuals named in these entries may also receive direct marketing material from APIS and from other companies, which may involve their data being transferred to countries outside the European Economic Area where data protection laws may be less rigorous than in the UK. If you do not wish us to use this information in this way, please send an email to: complianceofficer@apinfo.co.uk

Other Information
We may ask for further information about your company so as to enable us to improve our products and provide you with a more efficient service.

Queries and comments received via our websites, via email and by telephone are also monitored in order to enhance APIS customer service and the user experience of our products.

Information Storage and Security
APIS uses all reasonable endeavours to ensure the security of systems on which personal data is stored and may be processed. Users who are issued with a user name and password have responsibility to ensure that these details are kept confidential and are not used by any unauthorised third party.

Contact
Please address any queries related to this privacy policy to:
Compliance Officer
AP Information Services Ltd.
298 Regents Park Road
London
N3 2UU
Email: complianceofficer@apinfo.co.uk

Changes to these terms and conditions

We reserve the right to change these terms and conditions from time to time. By continuing to use the Site following such change you will be deemed to have accepted such change. It is your responsibility to check regularly to determine whether these terms and conditions have been changed. If you do not agree to any such change you must immediately stop using the Site.

Use of data

1. Single Use rental allows each record to be used once. i.e. a record containing address, phone and fax number can receive one piece of direct mail, one follow up or pre-qualification call and one fax-shot.(in accordance with TPS and FPS)
2. Annual Licence rental may be used as often as required for one year from the date of supply and must be destroyed or updated upon expiry of the licence. If the list is imported to a database or merged with other data it is the responsibility of the list purchaser to ensure that every record can be easily identified and removed if necessary.
3. The customer shall make no use of the information other than for research purposes and the supply of publicity or other similar material to each or any of the addresses contained therein. The customer shall not be entitled to copy or otherwise reproduce the information or to compile any list, document or other information or to sell or otherwise pass the information on to a third party without the written permission of APIS.
4. Unique guarantee. If you use the list within 28 days of purchasing, each ‘gone-away’ will be refunded at treble the rate you paid. Simply forward the returned envelopes to us. We can then update our database and you will be credited accordingly.
5. E-mail addresses are prone to frequent change, as well as being unreachable for a number of technical and other reasons (account disabled, mailbox full, limit on individual message size anti-spam policy, firewall etc.) A much higher level of e-mail ‘gone-aways’ is to be expected than for traditional mail. For this reason APIS is unable to provide refunds for e-mail addresses.
6. All rights to this data or other information supplied remains with APIS.
7. Whilst every effort is made by APIS to supply accurate information, they do not guarantee the results of any mailing nor do they accept any liability in the event of failure of the mailings or other activity.
8. APIS will wherever possible, help the customer ensure that the information can be used in any ways that are appropriate. Any extra work by APIS to adapt the information to special requirements of the customer may be invoiced at appropriate cost.
9. A small number of dummy names and addresses may be included to enable APIS to monitor customer usage.
10. All data received by the customer should be checked carefully before it is used to ensure that it is as requested. No liability for consequential loss is accepted by APIS.

Entire Agreement

Those terms and conditions (as amended from time to time) together with any document expressly referred to in them comprise the entire agreement between you and us.

Severability

Each provision of these terms and conditions excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

No Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

English Law

These terms and conditions shall be governed by English law and you submit to the exclusive jurisdiction of the English Courts.

CTPS, TPS & FPS

Under the telecommunications regulations 1998 there are rules relating to the use of telemarketing and fax marketing. Our lists are checked against CTPS, TPS and FPS lists but our clients are still by law responsible for their own use of fax or phone numbers. Numbers that are on these lists are not supplied, but as it is such a small proportion of the overall database they are still charged for.